SALES POLICY & TERMS AND CONDITIONS

Effective Date: Nov 25, 2020
Last Updated: [Update this date when publishing]

This Sales Policy and Terms and Conditions (“Policy”) apply to all purchases made from Hung Phat USA (“Store,” “we,” “us,” or “our”). This Policy applies only to the original purchaser (“Customer,” “you”) and is not transferable to any other party.

By completing a purchase, Customer acknowledges and agrees to be bound by this Policy.

 

 

Lifetime Warranty on Diamonds

Diamonds under 0.06 carat are covered against loss or chipping under our Lifetime Warranty, provided that Store determines the 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 available match in carat weight, color, cut, and clarity to the original diamond, as determined by Store.

This warranty does not cover damage resulting from abuse, impact, improper care, or third-party repairs or modifications.

 

 

Diamond Upgrade Policy

Store offers an original purchaser the option to upgrade a loose diamond only (setting not included), subject to the conditions below.

The original diamond must be a GIA certified, natural, Round diamond, 0.50 carat and above, with D, E, or F color, FL, IF, or VVS1 clarity, and no fluorescence.

The upgraded diamond must have a purchase price of at least two (2) times the original diamond purchase price, before tax, as stated on the original sales receipt.

To qualify, Customer must return the original diamond within 24 months from the sales receipt date, together with the original sales receipt and original diamond certificate.

All diamonds will be submitted to GIA for examination. The original diamond must be returned in original condition, free of damage, and matching the original certificate. Customer is responsible for all shipping, insurance, and GIA examination fees, as well as all setting, labor, mounting, and shipping costs related to the upgrade.

If eligible, Store shall apply a credit equal to 100% of the original diamond purchase price toward the upgraded diamond.

Diamonds that do not meet all eligibility requirements above, including but not limited to fancy shapes, fancy colored diamonds, diamonds with fluorescence, or non-GIA certified diamonds, are not eligible for upgrade.

 

 

Exchanges & No Refunds

All items are sold “AS IS” and are non-refundable. Store shall determine, in its sole and absolute discretion, the condition of any item presented for return or exchange.

Exchange Eligibility

Customer may exchange a purchased item within 7 days of the sales receipt date. The item must be returned with the original receipt and must be new, unworn, unmodified, and in its original condition.

All exchanges must be for an item of equal or greater value than the original purchase. No refund or credit will be issued for any price difference if the exchanged item is of lesser value.

Exchange Exclusions

Exchanges are not permitted for loose diamonds or gemstones, 24K jewelry, Designer Brand jewelry, or any resized, personalized, customized, or engraved items.

 

 

Returned Checks & Chargebacks

Returned Checks

If any check is returned or dishonored for any reason, Customer is responsible for the amount owed, plus a returned check fee of $25.00 USD, and any applicable bank fees and reasonable costs of collection.

Chargebacks & Payment Disputes

If Customer initiates a chargeback or other payment dispute, Store reserves the right to contest the dispute and to recover any fees, costs of collection, and other expenses incurred, to the extent permitted by law.

 

 

Limitation of Liability

To the maximum extent permitted by law, Store shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages arising from or related to the purchase, repair, alteration, or setting of any jewelry item, even if Store has been advised of the possibility of such damages.

Store’s total liability, if any, shall not exceed the amount paid by Customer for the item or services giving rise to the claim.

 

 

Governing Law & Venue

This Policy shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of laws principles.

Customer agrees that any claim or dispute arising out of or relating to a purchase shall be subject to the exclusive jurisdiction of the state courts located in Santa Clara County, California, or the federal courts located in the Northern District of California.

 

 

Attorney’s Fees

In the event of any legal action arising out of or relating to this Policy or a purchase, the prevailing party shall be entitled to recover reasonable costs and expenses, including attorneys’ fees, as permitted by law.

 

 

Entire Agreement; Severability

This Policy constitutes the entire agreement between Store and Customer regarding all purchases and supersedes any prior or contemporaneous oral or written agreements, representations, or understandings.

If any provision of this Policy is held to be unenforceable or invalid, the remaining provisions shall remain fully enforceable to the maximum extent permitted by law.

 

 

Non-Transferability

All benefits, warranties, upgrade rights, and policies apply only to the original purchaser of record and are not transferable.

 

 

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