Legal
Terms & Conditions.
The terms that govern a commission with us. Plain language, so you know where you stand before the work begins.
1. Acceptance of terms
These terms are a binding agreement between you and 100 Carats Incorporated, a California corporation. By using this site, submitting an inquiry, or placing a commission, you accept these terms.
They govern https://100carats.com and any subdomains we operate, including the forthcoming shop.100carats.com store when it launches. If you do not accept these terms, do not use the site.
2. Eligibility
You must be at least 18 years old and able to form a binding contract to place a commission or make a purchase. By placing a commission you confirm that you meet both conditions.
3. Nature of the business
Every piece we make is custom and made to order. We do not sell from stock.
An inquiry is not an order. Sending us an inquiry starts a conversation. It does not create a contract and does not reserve a stone, a price, or a place in our schedule.
A commission begins only when we have a written agreement with you and we have received your deposit. Until both are in place, nothing is committed on either side.
4. Accuracy of site content
Renderings, photographs, and descriptions on this site are representations of our work. They are not exact depictions of the piece you will receive.
Because every piece is made by hand, minor variation in finish, stone characteristics, and dimensions is expected. That variation is a normal result of handwork and is not a defect.
Color and brightness vary between screens, so a stone or metal may look different on your device than in person.
We may correct errors in pricing, descriptions, or availability at any time, including after an inquiry has been submitted.
5. Quotes and pricing
Quotes are valid for 10 days from the date we issue them.
Pricing stays subject to change based on diamond and precious metal market conditions until we receive your deposit. Once the deposit is received, the quoted price for that commission is locked, unless you change the scope of the work.
6. Deposits and cancellation
A deposit is required before we begin a commission.
The deposit becomes non-refundable once production begins. Production begins when we start sourcing stones, cutting metal, or otherwise committing materials and bench time to your piece.
If you cancel before production begins, you may be eligible for a refund of your deposit, less any costs we have already incurred on your behalf. We will itemize those costs for you.
7. Payment
We currently accept credit and debit cards by invoice, Shopify Payments, wire transfer, ACH, PayPal, and financing through Klarna, Affirm, and Afterpay.
Financing terms are set by the financing provider, not by us. Approval, interest, fees, and repayment schedules are between you and that provider.
The balance is due before shipment or pickup, unless we have agreed otherwise in writing.
We may add, change, or discontinue accepted payment methods and processors at our discretion at any time. The methods available at the time of a given transaction govern that transaction.
8. Design revisions
A commission includes 3 rounds of design revision.
Additional revisions may carry further charges. We quote those in advance and start the extra work only once you approve the quote.
Revisions requested after production begins may not be possible, and where they are possible they may affect both price and timeline.
9. Custom work and returns
Every piece is made to order for one person. For that reason, custom pieces are not eligible for return, exchange, or refund, except where there is a defect in materials or workmanship.
Defect claims are handled under the warranty section below.
10. Production timelines
Any timeline we give you is an estimate, not a guarantee.
Delays in stone sourcing, in your approvals, or in design revisions extend the timeline. We keep you informed when a date moves, but we are not liable for a missed estimate.
11. Sizing and fit
We size each piece to the measurements you provide or to measurements taken at our studio. Measurements you supply are your responsibility.
Resizing after delivery may be available depending on the design. Some designs cannot be resized without compromising the piece. Whether a resize carries a charge depends on the design and the reason for the adjustment.
12. Diamond certification
Center stones are certified. Certificates are issued by independent gemological laboratories.
The gradings in a certificate are the laboratory's determination, not ours. We pass that report through to you as issued, and we do not restate or guarantee its conclusions.
13. Appraisals and valuation
Any appraisal we provide is for insurance replacement purposes only.
An appraisal is not a statement of resale value, market value, or guaranteed worth. We make no representation about the future value of any piece.
We strongly recommend insuring every piece against loss, theft, and damage from the day you receive it.
14. Warranty and assurance
Every piece carries a limited lifetime warranty against manufacturing defects.
"Lifetime" means for as long as you, the original purchaser, own the piece. The warranty is not transferable. It ends if the piece is sold, gifted, or otherwise passes to someone else.
The warranty does not cover normal wear, accidental damage, loss, theft, or any repair or alteration performed by another jeweler. Work done elsewhere voids the warranty on the affected part of the piece.
Complimentary lifetime cleaning and inspection is offered as a courtesy, not as a contractual obligation. We may modify or discontinue it at our discretion.
15. Shipping, title, and risk of loss
Title and risk of loss pass to you when we deliver the piece to the carrier, or when you take possession at pickup.
International buyers are responsible for customs duties, import taxes, and compliance with local import requirements. We cannot predict or absorb those charges, and refusal of a shipment over unpaid duties does not entitle you to a refund.
16. Intellectual property
All designs, renderings, CAD files, photography, copy, and site content are owned by 100 Carats Incorporated.
Buying a piece does not transfer design rights. You own the physical piece. We retain the design, the files behind it, and the right to photograph and show our work.
17. Force majeure
We are not liable for any delay or failure to perform caused by events beyond our reasonable control. That includes supply chain disruption, labor shortage, natural disaster, government action, and carrier failure.
18. Disclaimers and limitation of liability
The site is provided as is. To the fullest extent permitted by law, we disclaim all implied warranties, including the implied warranties of merchantability and fitness for a particular purpose. This does not affect the limited warranty in section 14.
Our total liability for any claim is capped at the amount you paid for the piece at issue.
We are not liable for indirect, incidental, special, or consequential damages, including lost profits, sentimental loss, or loss of use, even if we were advised such damages were possible.
Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.
19. Arbitration and class action waiver
Please read this section carefully. It affects your legal rights. It requires most disputes to be resolved by individual arbitration instead of in court, and it waives your right to participate in a class action. You have 30 days to opt out.
Individual arbitration
Except for the carve-outs below, any dispute arising out of or relating to these terms, a commission, or a piece we made will be resolved by binding individual arbitration, administered by a recognized arbitration body under its consumer arbitration rules. Judgment on the award may be entered in any court with jurisdiction.
Class action and class arbitration waiver
Disputes will be arbitrated only on an individual basis. You and 100 Carats Incorporated each waive the right to bring or participate in a class action, collective action, or class arbitration, and an arbitrator may not consolidate more than one person's claims.
Small claims carve-out
Either party may bring an individual claim in small claims court instead of arbitration, as long as the claim stays in that court and stays individual.
Intellectual property carve-out
Either party may seek injunctive or equitable relief in court to protect intellectual property rights, including designs, CAD files, photography, and trademarks. That kind of claim is not subject to arbitration.
How to opt out
You may opt out of this arbitration section within 30 days of your first purchase. Write to info@100carats.com with your name, the date of your purchase, and a clear statement that you are opting out of arbitration. Opting out costs you nothing and does not affect any other part of these terms or your commission.
Severability of this section
If the class action waiver above is held unenforceable, then this entire arbitration section is void, and disputes will proceed in court under the governing law section below. The rest of these terms stay in effect.
20. Governing law
These terms are governed by the laws of the State of California, without regard to its conflict of laws rules.
For any matter not subject to arbitration, you and 100 Carats Incorporated agree to the exclusive jurisdiction and venue of the state and federal courts located in Los Angeles County, California.
21. Assignment
You may not assign or transfer a commission or these terms without our prior written consent.
We may assign our rights and obligations in connection with a merger, acquisition, or sale of assets.
22. Severability and entire agreement
If any provision of these terms is held unenforceable, that provision is limited or removed to the minimum extent necessary, and the rest stays in effect.
These terms, together with any signed commission agreement, are the entire agreement between you and us. Where a signed commission agreement conflicts with these terms, the commission agreement controls for that commission.
23. Changes to these terms
We may update these terms as the business changes or as the law requires. When we do, we post the revised terms on this page and update the effective date at the top.
Changes are not retroactive. The terms in effect on the date your commission began govern that commission. Continuing to use the site after a change means you accept the updated terms.
24. Contact information
Questions about these terms:
100 Carats Incorporated
650 S. Hill St. #427
Los Angeles, CA 90014
info@100carats.com
(310) 800-1261
