SALES POLICY: TERMS AND CONDITIONS
1. Lifetime Warranty On Diamonds
- Diamonds under 0.06 carat are covered against loss or chipping under our Lifetime Warranty as long as Hung Phat ("Store") determines your jewelry to be in normal wear and tear condition.
- Store will replace a lost or chipped diamond with a new diamond that is the closest match in carat weight, color, cut, and clarity to the original diamond.
2. Diamond Buyback
- Store may repurchase a diamond from an original purchaser, provided that all the following conditions are satisfied
ELIGIBLE ITEM:
- Store may buy back a diamond that meets all eligibility requirements for certification, shape, color, clarity, carat, and fluorescence listed below.
TIMING:
- The diamond was purchased within 24 months from the sales receipt date and returned in its original condition along with both the original sales receipt and the diamond certificate.
FEES:
- Store shall send all diamonds to GIA for further examination. Customer shall pay in advance any and all fees, costs, and expenses associated with the examination. These include, but are not limited to, shipment, insurance, and charges by GIA.
VALUE:
- Store shall determine the current market value of the diamond based on its condition at the time of buyback as examined and reported by GIA.
BUYBACK PRICE:
- If eligible, Store may buy back the diamond at up to 70% of the current market value (not including tax) at the sole discretion of Store.
3. Diamond Upgrade
Store offers an original purchaser an upgrade of a diamond by crediting up to 70% of the original purchased price if:
- The diamond is equivalent to the buyback eligibility requirements of certification, shape, color, clarity, carat, and fluorescence.
- The diamond is returned in its original condition within 24 months from the sales receipt date along with both the original sales receipt and the diamond certificate.
- The customer agrees to pay in advance any and all fees, costs, and expenses associated with the GIA examination.
4. Exchanges & No Refunds
All items are sold "AS IS" and are non-refundable. Store shall determine, at its sole and absolute discretion, the condition of any items presented for return and/or exchange.
Exchange Eligibility:
- Customer must return a purchased item within 30 days of the sales receipt date for an exchange.
- The item must be returned with the original receipt and in its original condition.
- All exchanged items must be of the same or greater price value than the original purchase price. If the exchanged item has a lower price value, the Store shall not issue a refund for the difference.
Exchange Exclusions:
- All loose diamonds and gemstones, 24K jewelry, Designer Brand jewelry, and all resized, personalized, customized, or engraved jewelry.
5. Returned Checks & Chargebacks
Returned Checks:
- If a check is returned or dishonored for any reason, the Customer shall pay an additional charge of $25.00 USD per returned or dishonored check.
- If the Customer refuses to pay the amount owed immediately and Store has the Customer’s credit card record in its profile, the Customer’s credit card shall be charged the greater of the amount of the check plus 3% of the check value or $25.00 USD.
- Customer agrees to pay all reasonable out-of-pocket costs of collection.
Chargeback:
- In the event of a chargeback on the purchase for any reason, Store reserves the right to recover any and all fees, damages, costs of collection, and other expenses incurred.
6. Limitation Of Liability
Limitation of Liability; Consequential Damages:
- STORE’S LIABILITY SHALL BE LIMITED TO THE LESSER OF EITHER THE FEE OF RE-CUTTING ANY STONE AT STORE'S CHOICE OF FACILITY OR $30 USD PER CARAT.
- STORE SHALL NOT BE LIABLE TO CUSTOMER FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING IN ANY WAY FROM THE PURCHASE OF ANY JEWELRY ITEM OR THE REMOVAL OR SETTING OF ANY STONES (EVEN IF STORE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
7. Miscellaneous
- These Terms and Conditions constitute the entire understanding between Store and Customer regarding all purchases and shall supersede any and all prior oral or written agreements, promises, or understandings between the parties pertaining to the transaction contemplated above.
- Customer agrees that no express or implied representations, warranties, or inducements have been made by Store to the Customer except as set forth above.
- If any provision of these terms is deemed unenforceable, the remaining terms shall be enforceable to the fullest extent of the law.
- These terms shall be governed and construed in accordance with the laws of the State of California, without regard to conflict of laws principles.
- Customer submits any claim to the exclusive jurisdiction of either the state courts located in Santa Clara County, CA, or the federal courts located in Northern CA, and expressly waives all rights to trial by jury.
- Customer agrees that the prevailing party in any such legal action will be entitled to reasonable costs and expenses, including attorneys’ fees.
- For the avoidance of doubt, Store will only settle disputes with the original purchaser of record for the purchase of the item at issue.
Certification | Shape | Color | Clarity | Carat | Fluorescence |
---|---|---|---|---|---|
GIa or Hung Phat Certified | PROUD & PRINCESS | D,E,F,G,H,I | IF, VVS1-2, VS1 | 0.50 CT & ABOVE | NONE |
Buyback Exclusions: Fancy Shapes, Fancy colored diamonds, and diamonds with any fluorescence (faint, medium, strong, or very strong).