These Terms constitute an agreement between you and SkyLab Diamond (“SkyLab Diamond,” “we”, “our”) and govern any purchases that you make through and your use, and interaction with the Site. The right to modify, change, amend or update these Terms at any time is reserved by SkyLab Diamond in its sole and exclusive discretion. Modifications, changes, amendments or updates will take immediate effect and shall be posted on SkyLab Diamond’s Site. Any such update shall be noted by the “last updated” date at the beginning of these Terms. Your continued use of the Site and engagement with SkyLab Diamond for use of the Services shall be deemed your consent to any such change. As such, we recommend that you regularly review these Terms as frequently as you use the Services and Site. If you do not agree to the Terms as indicated herein, stop using the Site immediately.
Our Site’s Information:
We make every effort to ensure that our online inventory is as up-to-date and accurate as possible. It is our primary mission to ensure that you have the best shopping experience as possible while using our Site. To do so, some of our products appear larger in their photographs to help you see their clarity and characteristics in greater detail. Please note that because of this some objects will appear larger in their photograph than their actual size and that depending on your computer monitor or viewing screen some products’ color and luster may vary. We take great pride in our efforts to provide you with as much information as possible about our products on our Sites and wish to ensure that you make informed decisions about your purchases. To help to accomplish that goal please note that all Lab Created diamonds weights are approximate. Refer to the following for size ranges appropriate to each carat weight listing:
1/20 carat 0.04-0.06; 1/10 carat 0.085-0.11; 1/8 carat 0.115-.14; 1/6 carat 0.145-0.17; 1/5 carat 0.18-0.22; 1/4 carat 0.23-0.28; 1/3 0.29-0.36; 3/8 carat 0.37-0.44; 1/2 carat 0.45-0.57; 5/8 carat 0.58-0.68; 3/4 carat 0.69-0.82; 7/8 carat 0.83-0.94; 1 carat 0.95-1.11; 1 1/5 carats 1.18-1.22; 1 1/4 carats 1.23-1.28; 1 1/3 carats 1.29-1.36; 1 3/8 carats 1.37-1.44; 1 1/2 carats 1.45-1.57; 1 5/8 carats 1.58-1.68; 1 3/4 carats 1.69-1.82; 1 7/8 carats 1.83-1.94; 2 carats 1.95-2.11; 3 carats 2.95-3.17; 4 carats 3.95-4.17; 5 carats 4.95-5.17; 6 carats 5.95-6.17; 7 carats 6.95-7.17.
Additionally, some tolerances may be allowed for based on measurement and manufacturing. Up .20mm for wedding bands and .24mm for manufactured gemstones and pearls may be allowed.
Lab Created diamond jewelry, whether natural, laboratory-made or imitation, that is set with several Lab Created diamonds, will be provided with the minimum total carat weight (TW) for the entire piece. Clarity of grades and color will be identified as a “minimum” or “average” contingent upon the number of Lab Created diamonds. If a minimum is what is stated, then all Lab Created diamonds in that piece will be at or above that minimum weight. If the average is stated then the total aggregate quality of the piece is that identified weight.
You are solely liable and responsible for keeping and protecting your SkyLab Diamond account username and password confidential and limiting its access to only yourself. In addition, you are solely liable for activities that take place under your individual account and accessed with your password. You may only use our Site with the direction and guidance of a parent or guardian if you are under the age of 18. Finally, take note that we reserve the right to terminate personal accounts, deny service, or cancel orders at any time in our sole discretion and for any reason.
Use of the Site
By using the Site you are given an individual, non-exclusive, non-sublicensable, and limited license to use and access our Site, print, and electronically copy portions of our Site for your personal non-commercial, and informational use only. This license is governed by these Terms and prohibits: (a) any commercial use of the SkyLab Diamond Site or Materials; (b) use of product listings, photographs, images, or descriptions in the pursuit of commerce; (c) the public dissemination or posting of SkyLab Diamond Materials; (d) using the Site for alternative purposes other than what is prescribed by the Terms; (e) utilizing the Site for data mining purposes; (f) manipulating the Site or its appearance, or creating alternative links or other window-exiting programming or pop-up triggers; (g) use of the Site in a way that inhibits or effects the daily operation of the Site or Services; or (h) any other non-intended use or purpose. Any unauthorized use of the Site or Materials contained therein is strictly prohibited and will prompt the immediate termination of the license granted herein, unless otherwise authorized by SkyLab Diamond in writing. The aforementioned unauthorized use may additionally violate copyright and trademark laws and communications regulations and statutes and other applicable laws. Unless otherwise stated, nothing in these Terms shall be interpreted as having granted any license to intellectual property rights, whether by implication, estoppel, or otherwise. This license is revocable by SkyLab Diamond at any time and for any reason.
Product Availability and Pricing
If a product is temporarily unavailable, please contact us so we can assist you by informing you when it will become available next and to facilitate placing an order. Occasionally, due to the volume of sales, an item will become unavailable prior to our ability to update the Site. If such an instance should occur, we will notify you as soon as possible and discuss with you your options and possible alternatives to proceed with a purchase or change your order selection or give you a full or partial refund.
On occasion some data points, including prices, may be displayed incorrectly due to a technical or scrivener error. Though we make every reasonable attempt to prevent such errors and confusion, mistakes happen. When such an instance arises we will correct the error immediately upon its discovery. However, we will not honor the erroneous price or listing. If a product has been shipped and received by you, we will contact you promptly and discuss your options to either return the product or to charge you for the difference in price. If, as a result of the error, the price is lower than what was stated and you contact us, we will discuss your reimbursement options. All our prices are final; we do not negotiate prices on our products.
Returns and Lab Created diamond Certificates
Please see our Return Policy for information on any item you may wish to return.
If you purchase a loose Lab Created diamond or any custom made piece that contains a center gem stone from us, we will deliver it to you with an accompanying Lab Created diamond grading report or Lab Created diamond certificate. Lab Created diamond certificates are detailed reports created by Lab Created diamond grading experts at one of the Lab Created diamond laboratories that specialize in these efforts. They are expensive to replace and, as a result, you must return the Lab Created diamond grading report with any return of any custom made piece that contains a center gem stone with which a Lab Created diamond certificate is included or a loose Lab Created diamond. If no report is included with a returned Lab Created diamond, you will be charged a replacement fee of $150.
Passage of Title
SkyLab Diamond will pass the title for products purchased to the buyer or the buyer’s representative when the products are delivered and received by the buyer or the buyer’s representative.
Cancellation of Products
A customer’s ordered product or good may be cancelled at any time and for any reason by SkyLab Diamond. Your only recourse in such an event is a full refund of that which has been paid to SkyLab Diamond for such product.
We strive to provide pictures and details that will assist you in making your purchase selection online. Unfortunately, we do not allow comparison shopping at home. That is, you cannot buy several products with the intent of keeping only one, as our costs in shipping and restocking the items, including re-verification of receipt of the proper stone is very high. We would be happy to consult with you over the phone, via Skype, FaceTime, or another video service to assist you in making your choice.
Communications to SkyLab Diamond and User Generated Content
Submissions: By your submission of any: question, comment, suggestion, idea, plan, note, drawing, original or creative material or other information, regarding the Site, SkyLab Diamond, or our Services and products, you acknowledge and agree that such submission is non-confidential and will become the sole property of SkyLab Diamond once submitted. Thereafter, SkyLab Diamond shall be the exclusive rights holder, including all intellectual property rights therein, and shall possess unlimited commercial and non-commercial use and disclosure of that information, or communication, without having to provide notice or compensation to you. You hereby permit SkyLab Diamond and its affiliates, partners and sub-licensees to provide and disclose the name you provided in accordance with the provided communication or content, in their sole discretion. By disclosing that communication or content, you signify and warrant that (a) the content is accurate and not misleading; (b) you possess ownership rights to the communication or content submitted and you have the rights to post that information on the Site and otherwise disseminate and disclose that communication or content; and (c) the communication and content submitted will not injure or violate the rights of any person or entity.
Product Reviews and User Content:
- The Site may include “Interactive Services” that allow users to post, store, and share their own and user generated content. Each user, poster, or account holder is completely and individually responsible for his/her use of any Interactive Services and does so at his/her own risk. By your use of any Interactive Services, you agree not to upload, transmit, distribute, post, create, or store, any material that is or could be considered defamatory, libelous, obscene, lewd, indecent or pornographic, harassing, threatening, fraudulent or misleading, and otherwise unlawful;
- By posting or communicating your content you represent and warrant that you are not violating any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any person or entity. You also warrant that you have the legal right or authority to do so;
- Content that consists of instructions, enables, encourages or otherwise assists the commission of a criminal offense, violates the rights of others, or is in violation of, national or international law, is strictly prohibited and when reasonable necessary to prevent the risk of harm as determined by SkyLab Diamond may be reported to the appropriate law enforcement authorities;
- Viruses, spybots, adware, corrupted data or other harmful, disruptive or destructive files are strictly prohibited;
- Misrepresentation or impersonation of any other account member, person, or entity is prohibited;
- The unauthorized dissemination of sensitive personal information (without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers) from any other party is strictly prohibited;
- Unwanted advertisements, promotions, marketing, and promotions, political campaigning are prohibited;
- Account member content posted, shared, stored, or disclosed via the Site and/or Services that is deemed to inhibit any other users experience with SkyLab Diamond may be prohibited at SkyLab Diamond’s sole discretion.
Your use of Interactive Services is at your sole risk. SkyLab Diamond shall not be liable or responsible for any content that any account holder posts, stores, shares, or uploads via Interactive Services. Further, SkyLab Diamond shall not be liable or responsible for injury or damages that result from an account holder’s activities utilizing the Interactive Services that constitute defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity. As a host of Interactive Services, SkyLab Diamond shall not be responsible or liable for any representations, statements, manifestations, or account holder generated content in appearing therein. SkyLab Diamond does not have any duty to edit, monitor, or screen content or communications posted via the Interactive Services, however SkyLab Diamond reserves the right, and has sole discretion, to do so for any reason and at any time with or without notice. You are solely responsible for backing up any stored content posted via the Interactive Services (if desired). Any use of the Interactive Services that is determined to violate these Terms shall result in an immediate termination of the account holders access to and use of the Site and Services without further notice.
In order to preserve and maintain SkyLab Diamond’s integrity, business reputation, and user experience, full cooperation will be given to subpoenas and court orders, and legitimate governmental requests. In so doing SkyLab Diamond may disclose account member personal information if necessary to comply with the applicable order or demand.
Third Party Content:
Third Party Links: Links to third-party websites and services may be provided on our Site. SkyLab Diamond has no dominion, ownership, or control over third-party websites and services and therefore assumes no liability or responsibility for any activities that occur on third-party websites. Furthermore, unless otherwise expressly stated SkyLab Diamond does not endorse or condone any third-party or its content and does not warrant any product or service as described or displayed on such third-party website.
Advertisements and Promotions: On occasion advertisements and promotions from third parties may be run on our Site. Any communication, interaction, or transactions with those third-parties is solely between you and that third-party. SkyLab Diamond assumes no responsibility or liability for such activities and does not warrant the product or services of those third-parties. Finally, you are solely responsible for any loss, injury, or damage that may arise from such activities and interactions.
Disclaimers and Notices
Disclaimer of Manufactured Lab Created diamonds and Gems: For many people shopping for a Lab Created diamond is a new and exciting experience. We are committed to making that experience the most straightforward and rewarding as possible. Because of this commitment we strictly adhere to the Federal Trade Commission’s Guides for the Jewelry, Precious Metals and Pewter Industries in 1996 (“Guides”). Under the Guides the way that Lab Created diamonds are listed and described are specifically defined. We use the Guides specific definitions throughout our websites, social media platforms, and internet presence. Below is a list of terms that we most commonly use. For the complete list please reference the Guides.
- Mined diamond: A mined diamond is a natural mineral formed in the lithospheric mantle consisting of pure carbon crystallized in the isometric system. It is found in many colors. Its hardness is 10; its specific gravity is approximately 3.52; and it has a refractive index of 2.42.
- “Laboratory-Grown diamond,” “Laboratory-Created diamond,” or “SkyLab Diamond-Created diamond”: A man-made and artificially created crystalline form derived from pure carbon by its exposure to extremely high pressure like in nature (HTHP) though done so above ground and not in Earth’s lithospheric mantle or utilizing a diamond seed and applying chemical vapor deposition technology or both. It will share the same optical and chemical properties as a natural diamond.
- “Imitation Lab Created diamond” or “Simulation Lab Created diamond”: A manmade diamond like simulation that does not share the same chemical or optical characteristics of a natural diamond. It will be made from optically clear and colorless cubic zirconium, plastics, or glass.
- “Real,” “Genuine,” “Natural,” and “Precious”: terms used to describe the quality and character of only diamonds that were formed within the Earth’s lithospheric mantle. The said terms cannot be used to qualify laboratory-grown or imitation diamonds.
- “Flawless and “Perfect”: can only be used when qualifying natural diamonds and cannot be used to describe laboratory-grown or imitation diamonds. Flawless and perfect are used to describe diamonds where under a corrected magnifier at 10x power, operated by a skilled gemstone grader, show no indications of blemishes.
Intellectual Property Disclaimer: The SkyLab Diamond Site and all of its social media platforms and other content including, without limitation, the “look and feel,” designs, logo, text, graphics, color scheme, pictures, selection, sound files, and the amalgamation thereof (together the “Site Materials”) are the sole proprietary property of SkyLab Diamond and is protected by US or international copy right, trademark or patent laws.
Proprietary products and services, such as but not limited to the Site, SkyLab Diamond products, the SkyLab Diamond logos and trademarks, and any other product or service name or slogan contained in the Site are protected trademarks of SkyLab Diamond and may not be imitated, used, or copied in any form, unless with prior written consent of SkyLab Diamond. Metatags or any other “hidden text that enables or utilizes ”SkyLab Diamond” or any slogan, name, or trade mark of SkyLab Diamond may not be used without our prior written permission. If there are other non-SkyLab Diamond names, trademarks, product names, or slogan mentioned or listed on the Site they are the property of their relative owners.
Disclaimer of Warranty: THIS SITE, THE SITE MATERIALS CONTAINED THEREIN AND THE PRODUCTS AND SERVICES PROVIDED ON OR IN CONNECTION THEREWITH ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY SKYLAB DIAMOND, IF ANY. SKYLAB DIAMOND DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT, AND MATERIALS ON OUR SITE. SKYLAB DIAMOND SPECIFICALLY DOES NOT REPRESENT OR WARRANT THAT SITE MATERIALS OR ANY PORTION OF OUR SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. SKYLAB DIAMOND DOES NOT REPRESENT OR WARRANT THAT OUR SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability: IN NO EVENT SHALL SKYLAB DIAMOND, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR SITE, THE SERVICES AND PRODUCTS, OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH OUR SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY SITE MATERIALS AND/OR INFORMATION OBTAINED FROM SKYLAB DIAMOND, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO SKYLAB DIAMOND’S RECORDS, PROGRAMS OR SERVICES.
By using the Site, you agree to hold harmless, defend and indemnify, SkyLab Diamond and its associates, employees, third-parties, and contractors from and against any claims for damages, costs, liabilities, expenses, attorney’s fees, etc. that arise or may arise from your use of the Site, our Services, our Products, or any part of any of the foregoing.
SkyLab Diamond maintains and reserves the right and ability to terminate or cancel your license to use the Site and to prevent or prohibit your future access thereof in its sole and absolute discretion without prior notice to you.
Should any of provision of the Terms become invalid, void, or unlawful, in whole or in part and thereby unenforceable at a court of law or equity, those terms or provisions shall be stricken and shall not affect the enforceability, validity, and lawfulness of the remaining terms and provisions of these Terms.
Applicable Law and Venue
The Terms herein and your use of the Site and its products and services shall be governed by and construed in accordance with the laws of the State of New York. It is also agreed that any civil or criminal action at equity or law that is resultant or regarding these Terms will be filed only in the Federal and State courts located in New York City, and that you hereby irrevocably and unconditionally waive the personal jurisdiction of any other state or federal court.
Pursuant to the Digital Millennium Copyright Act (DMCA) and applicable laws, SkyLab Diamond has implemented a policy prohibiting SkyLab Diamond account holders or users of the Site (account holders, or users) who are determined to be repeat infringers of the DMCA. SkyLab Diamond in its sole discretion may restrict access to this Site and/or terminate the account holders or Site users who violate any intellectual property rights of others, whether there is continued infringement or not.
Questions & Contact Information
Should any comments or questions arise concerning the Terms please contact SkyLab Diamond:
By Telephone: 1 (646) 892-4262
By E-mail: info@SkyLabDiamond.com
By Regular Mail: SkyLab Diamond, Inc. 10 W 46th St STE 1107, New York, NY 10036