SALES POLICY & TERMS AND CONDITIONS

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

• 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.

Information regarding diamond upgrades is available upon request. Please inquire with a Client Advisor for further information.

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:

• The customer may exchange a purchased item within 7 days of the date of the sales receipt. 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:

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

Chargeback:

• 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.

• 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.

• 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.

• 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.

• 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.

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

• 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.