Terms & Conditions

Welcome to Gemcult. These Terms & Conditions ("Terms") govern your access to and use of the Gemcult website, products, and services (collectively, the "Services"). The Services are owned and operated by Gemcult Inc., a New York corporation ("Gemcult," "Company," "we," "our," or "us"). By accessing or using our website, you agree to these Terms. If you do not agree, please do not use our Services.

1. About Us

This website is owned and operated by Gemcult Inc., a corporation organized under the laws of the State of New York. For any questions, you can contact us at:

Email: support@gemcult.com
Toll Free Number: +18444410489

2. Use of the Website

Our website is intended for personal, non-commercial use. You agree not to:

Use the site for any unlawful purpose
Copy, reproduce, or distribute content without permission
Attempt to hack, disrupt, or damage the website
Use bots, scraping tools, or automated systems

We reserve the right to restrict or terminate access if misuse is detected.

3. Eligibility

You must be at least 18 years old to purchase from us or to create an account. By using the Services, you represent that you are 18 or older, or that you are using the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

4. Your Account

You may create an account to shop with us. You are responsible for keeping your account and password confidential and for all activity that occurs under your account. Please notify us immediately of any unauthorized use. We may refuse service, close accounts, remove content, or cancel orders at our sole discretion.

5. Product Information

We strive to ensure all product details, images, and pricing are accurate. However:

Because our pieces are handcrafted, exact specifications may vary within industry-standard tolerances: total carat weight may vary by up to 0.05 carats from the stated weight, and gemstone measurements by up to 0.25 mm
Where a piece contains multiple diamonds, stated color and clarity grades are expressed as either a minimum or an average; if stated as a minimum, all stones meet or exceed it
Slight variations in color, size, or appearance may occur, and colors may appear differently depending on your screen
All products are subject to availability

Each diamond we sell is independently certified by GIA, GCAL, or IGI, and its certificate accompanies the product. If a product is listed at an incorrect price due to a typographical or system error, we are not obligated to honor that price; your sole remedy is to cancel the order, or, if it has already shipped, to return it for a full refund or pay the difference. We retain all rights to our jewelry designs, whether standard or custom, and may market or sell pieces based on those designs. We reserve the right to correct errors and update information at any time without prior notice.

6. Pricing & Payments

All prices are listed in US Dollars (USD)
Applicable taxes, shipping fees, and duties may be added at checkout
Payments are processed securely via third-party providers
Accepted payment methods: credit/debit cards and Stripe

We reserve the right to cancel or refuse any order due to pricing errors, fraud concerns, or payment issues.

7. Orders & Acceptance

Placing an order does not guarantee acceptance. Once you place an order:

You will receive an order confirmation email
We may verify details before processing
We reserve the right to cancel any order at our discretion

If your order is canceled after payment, a full refund will be issued to your original payment method.

8. Chargebacks

If you file a chargeback or payment dispute, we reserve the right to recover our direct and indirect costs and to cancel any promotional pricing, free shipping, gift, or other benefit associated with the order. We encourage you to contact us first so we can resolve any issue directly.

9. Shipping & Delivery

All orders ship fully insured within the United States. Estimated timelines:

In-stock pieces: ship within 1–2 business days
Made-to-order and custom pieces: ship within 1–3 weeks

We may use third-party carriers. Title to and risk of loss for products pass to you upon delivery. Delays may occur due to customs, logistics, or other factors beyond our control, and we are not responsible for such delays. Full details are set out on our Shipping page.

10. Returns & Refunds

We want you to be satisfied with your purchase. You may request a return or exchange within 30 days of the delivery date, subject to the item being unused, unworn, undamaged, and returned with its original certificate, packaging, invoice, and tags. In addition:

Refunds are issued to the original payment method
We provide a free, fully insured return label, and there is no restocking fee
Free returns are limited to two (2) per customer per calendar year
Custom, engraved, and resized pieces are final sale and not eligible for return
If the original certificate is not returned, a $150 certificate-replacement fee applies

To start a return, contact support@gemcult.com. Full details are set out on our Returns page.

11. Damaged or Incorrect Items

If you receive a damaged or incorrect product:

Notify us within 72 hours of delivery
Provide clear photos and your order details (a brief unboxing video is helpful, if available, but not required)
We will arrange a replacement or refund, as appropriate

12. Warranty

Gemcult provides a limited lifetime warranty against manufacturing defects, as described in full on our Warranty page. This express warranty does not cover normal wear and tear, accidental damage, loss, theft, or loss of a center stone, and is voided by repair or alteration performed by any jeweler other than Gemcult. This express limited warranty is separate from, and applies notwithstanding, the disclaimer in the Disclaimer of Warranties section below.

13. Text Message (SMS) Marketing

If you opt in to our text messaging program, you agree to receive recurring automated promotional and transactional text messages (such as order updates, cart reminders, and offers) from Gemcult at the mobile number you provide. Consent is not a condition of any purchase. Message and data rates may apply, and message frequency varies. You can opt out at any time by replying STOP, or get help by replying HELP. You confirm that you are at least 18 years old and are the account holder or authorized to enroll the number. Gemcult and the mobile carriers are not liable for delayed or undelivered messages.

14. User Content

Our Services may allow you to submit reviews, photos, videos, comments, and other content, and we may ask permission to feature content you have posted on social media (collectively, "User Content").

License. You grant Gemcult a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable, and transferable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your User Content in any media for marketing, promotional, and business purposes - including in livestreams, advertisements, and on our social channels - together with any name or handle you submit.

Social media. When you grant us permission to use content you posted on social media (including by tagging us or responding to a request), you grant the same rights to Gemcult and its agents and partners.

Prohibited content. You agree not to submit anything unlawful, defamatory, obscene, infringing, deceptive, or invasive of privacy, or that contains another person's private information, viruses, or harmful code.

Your representations. You confirm that you own or control the rights to your User Content, that it is accurate and not misleading, and that its use will not violate any law or third-party right.

We may remove any User Content at our discretion and are not responsible for User Content submitted by others.

15. Intellectual Property

All content on this website, including text, images, logos, and designs, belongs to Gemcult Inc. and is protected by copyright and trademark laws. You may not use our content without written permission.

16. Privacy

Your use of our Services is also governed by our Privacy Policy.

17. Disclaimer of Warranties

Except for the express limited lifetime warranty described in the Warranty section above, the Services and products are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, Gemcult disclaims all other warranties, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or free of harmful components. Some jurisdictions do not allow the exclusion of implied warranties, so some of these exclusions may not apply to you.

18. Limitation of Liability

To the fullest extent permitted by law, Gemcult and its directors, officers, employees, affiliates, and agents will not be liable for any indirect, incidental, special, punitive, or consequential damages - including loss of use, profits, or data - arising out of or connected with your use of the Services or products, whether based in contract, tort, or otherwise. In no event will Gemcult's total liability for any claim exceed the amount you paid for the product or service that is the basis of the claim. Your use of the website is at your own risk.

19. Indemnification

You agree to indemnify and hold Gemcult Inc. harmless from any claims, damages, or losses arising from:

Your use of the website
Your violation of these Terms
Your misuse of our products or services

20. Third-Party Links

Our website may include links to third-party websites. We are not responsible for their content, policies, or practices.

21. Termination

We may, at our sole discretion and without notice, suspend or terminate your access to the Services, close your account, or cancel orders, including for any violation of these Terms. Provisions that by their nature should survive termination will survive.

22. Changes to Terms

We may update these Terms at any time. Changes will be posted on this page with a revised date. Continued use of the website means you accept the updated Terms.

23. Governing Law

These Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws principles. Any disputes not subject to arbitration will be handled in the state or federal courts located in Queens County, New York.

24. Dispute Resolution; Binding Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO SUE IN COURT AND TO HAVE A JURY TRIAL. IT REQUIRES YOU AND GEMCULT TO RESOLVE MOST DISPUTES THROUGH INDIVIDUAL BINDING ARBITRATION, AND IT WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION.

(a) Informal resolution first. Before starting an arbitration, you agree to contact us at support@gemcult.com or at GEMCULT INC 129 JASON WAY B NORTH ARLINGTON, NJ 07031, and give us sixty (60) days to resolve the matter informally. Most concerns can be resolved this way.

(b) Binding individual arbitration. If we cannot resolve a dispute within sixty (60) days, you and Gemcult agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or any product or transaction (a "Claim") will be resolved exclusively by final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, rather than in court. The arbitration will be governed by the Federal Arbitration Act, conducted by a single arbitrator, and - if an in-person hearing is held - take place in New York or in the county where you reside, at your election. Exception: either party may instead bring an individual Claim in small-claims court if it qualifies, and either party may seek to protect its intellectual-property rights in court.

(c) Class action waiver. You and Gemcult agree that each may bring Claims against the other only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's Claims or preside over any class or representative proceeding. This waiver is an essential part of this Section and is non-severable: if it is found unenforceable as to a particular Claim, that Claim (and only that Claim) shall be severed and brought in a court of competent jurisdiction located in New York, and the remainder of this Section shall continue to apply.

(d) Coordinated or mass filings. If twenty-five (25) or more similar arbitration demands are submitted by or with the coordination of the same counsel, the parties agree the demands will be administered in sequential batches of no more than fifty (50) at a time (with a small number of "bellwether" cases heard first), so that fees are incurred only for the batch then proceeding. This provision is intended to keep arbitration efficient and fair for both parties.

(e) 30-day right to opt out. You may opt out of this Section (except the jury-trial waiver in subsection (f)) by sending written notice, within thirty (30) days of first accepting these Terms, to Gemcult Inc., GEMCULT INC 129 JASON WAY B NORTH ARLINGTON, NJ 07031, stating your name, order or account details, and that you opt out of arbitration. Opting out will not affect any other part of these Terms.

(f) Jury-trial waiver. To the extent any Claim proceeds in court rather than arbitration, you and Gemcult each waive any right to a trial by jury.

(g) Survival. This Section survives termination of these Terms and of your relationship with Gemcult.

25. Miscellaneous

Entire Agreement. These Terms, together with any policies referenced here, are the entire agreement between you and Gemcult regarding the Services and supersede all prior agreements.

Severability. If any provision is found invalid or unenforceable, the remaining provisions remain in full force and effect.

No Waiver. Our failure to enforce any provision is not a waiver of it.

Assignment. You may not assign these Terms without our consent; we may assign them freely.

Force Majeure. We are not liable for any failure or delay caused by events beyond our reasonable control.

Headings. Section headings are for convenience only and do not affect interpretation.