Terms and Conditions
1. General
1.1 The Company's platform (hereinafter, the "Platform") is an internet platform comprising an ONLINE store for the purchase of diamonds and fine jewelry and other services to consumers all over the world. The owner and operator of the Platform is the company iValue Lab (hereinafter, the "Company") with offices at 875 Third Ave STE, L107, New York, NY 10022
1.2 Operating on the Platform means any action of selling/buying diamonds and/or other services offered on the Platform, to the extent offered (hereinafter, the "Action").
1.3 These terms & conditions are written in the male gender, only for the sake of convenience, and should be viewed as applying also to the female gender.
1.4 The provisions of these terms & conditions will apply to any Action carried out by you on the Platform, and will constitute the legal basis for any issue between you and the Company. Pursuant to which, you are requested to read these terms & conditions in full and with care. Browsing and/or accessing and/or using and/or any Action on the Platform constitutes your consent and agreement to be legally bound by the terms & conditions, and accordingly, if you do not agree to any of these terms & conditions, you are requested not to use the Platform.
1.5 It is emphasized that any person performing an Action on the Platform, is declaring that he is aware of the Platform's terms & conditions and accepts them, and that neither he, nor anyone on his behalf, will have any claim and/or suit against the Platform owners and/or its operators and/or anyone on their behalf other than claims relating to a breach of the Platform owners’ and/or operators’ undertakings according to these terms & conditions and rules of participation.
1.6 The Company reserves the right to change the terms & conditions from time to time at its exclusive discretion and to do so without the requirement of giving advance warning and/or notice.
1.7 The User agrees that the Company’s computer registrations regarding Actions performed through the Platform, constitute prima facie evidence of the correctness of the Actions.
1.8 Pictures and designs of the products appearing on the Platform are solely for the purpose of illustration and are not binding on the Platform’s management. It is agreed and declared that the Company will try, the best of its ability, to present Platform users with accurate pictures and information of the products to the extent possible.
1.9 The Company does its utmost to verify that the information appearing on the Platform is as complete and accurate as possible, but it is clarified that, in all good faith, inaccuracies and errors may appear for which the Company has no liability for anything relating or connected thereto.
1.10 The Platform usage conditions apply to the use of the Platform and its services including through any computer or other communications device (such as a cellular phone, palm-top computers of different kinds, etc.). They also apply to use of the Platform either by internet connection or by any other network or system of communications.
2. The right/eligibility to use the Site
2.1 Anyone who fulfills the following cumulative conditions, may participate in a commercial process in order to perform Actions on the Platform - including making sales:
2.1.1 The user is qualified to implement legally binding transactions. That is to say - the user declares that he is 18 or more years old.
2.1.2 The user is the actual, legal owner of the diamonds or fine jewelry.
2.1.3 The user is acting on his own behalf and not as the agent or representative of any other party.
2.1.4 the company is under no obligation to accept any individual as a user, and may accept or reject any user in their sole and complete discretion.
2.1.5 The Platform management will not make any use of the customer’s details, other than in accordance with the Platform's Privacy Policy which constitutes an integral part of these conditions of usage and sale.
2.1.6 The user will provide its true identity and a legal payment details to pay or to receive funds.
3. Community Guidelines
3.1 Our community, like any community, functions best when its people follow a few simple rules. By accessing and/or using the Platform, you hereby agree to comply with these community rules and that:
3.1.1 You will not send us any hazardous materials or any materials that do not contain diamonds;
3.1.2 You will not use the Platform for any unlawful purpose, including money laundering;
3.1.3 You will not post or send us false or misleading information;
3.1.4 Other than sending us information in accordance with this Agreement, you will not use the Platform to engage in any commercial activities, including, without limitation, raising money; advertising or promoting a product, service, or company; or engaging in any pyramid or other multi-tiered marketing scheme;
3.1.5 You will not access or use the Platform to collect any market research for a competing business;
3.1.6 You will not upload, post, e-mail, transmit, or otherwise make available any User Content that: infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, invasive of another's privacy, or promotes violence; or discloses any sensitive information about another person, including that person's e-mail address, postal address, phone number, credit card information, or any similar information;
3.1.7 You will not stalk or otherwise harass another;
3.1.8 You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
3.1.9 You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features on the Platform;
3.1.10You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure;
3.1.11You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Platform, except for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file;
3.1.12You will not use any automated device or software that enables the submission of automatic postings on the Platform without human intervention or authorship, including, without limitation, the use of any such automated posting device in connection with bulk postings or for automatic submission of postings at certain times or intervals; and
3.1.13You will not interfere with or attempt to interrupt the proper operation of the Platform through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Platform through hacking, password or data mining, or any other means.
3.2 Please let us know about inappropriate content. If you find something that violates our community guidelines, let us know, and we'll review it.
3.3 We reserve the right, in our sole and absolute discretion, to deny you access to the Platform, or any portion of the Platform, without notice and remove any User Content that does not adhere to these guidelines.
4. Shipping and Insurance
4.1 The Company will allow you to sell various products and services through the Platform.
4.2 You must send all items to I VALUE LAB via Fedex or UPS, using the shipping labels we send you. All items sent to us are insured by Brinks and/or for the amount stated in the e-mail you receive to confirm your insurance up to a maximum of 200,000$, unless specific insurance is pre-arranged for your item through us. We insure your items for the higher end of the price range. If no range is communicated to you, then you have the right to request this range. We will communicate to you if you must self-send using your own shipping and insurance.
4.3 In order to arrange adequate insurance the Company may request further information from you regarding the items you intends to send to us, and we will rely on this information in order to arrange insurance.
4.4 In order for the process to be carried out quickly and smoothly, you should take care to provide details that are correct, as otherwise, we cannot guarantee that the process will be carried out. If incorrect details are provided when sending an item, the Company cannot guarantee that the items will be returned to you. If the items are returned to the Company due to incorrect details, you will be charged with the costs of delivery and handling. You should ensure that you provide details that are accurate and up to date. Deliberately providing false or unauthorized information is likely to constitute a breach of the law.
4.5 And it is emphasized that deliberately providing false information is likely to constitute a criminal offense. Civil and/or legal measures could be taken against anyone providing false information, including claims for punitive damages for damage caused to the Company pursuant to a disruption of the sales procedure.
4.6 The Company will open every pack which it receives from you under video, and will weigh and, where relevant, test the items included in the pack, and compare them to the details received from you both prior to your submission of the item, and on any form you sign and send to us. The Company reserves the right to reject any forms (and the items they are sent with) which are not properly completed and signed. The Company also reserves the right to reject delivery of any package which appears to be opened, damaged, or tampered with in any way. Any such packages that we reject will be returned to you – at our cost – but without any liability to the Company.
4.7 The Platform uses PCI-DSS standard encryption code and the Company will not be liable for damage of any kind whatsoever, direct or indirect, which is caused to a customer or anyone on his behalf, if such information is lost or comes to the attention of a malign third party and/or if unauthorized use is made thereof .
4.8 It is clarified and stressed that the sending of an email does not constitute evidence of an Action having been carried out and does not bind the Company. The data on the Company’s computer data-processing records which provides a record of all transactions carried out on the Platform, constitute prima facie evidence of everything stated in the records.
5. Valuation and Offer
5.1 Once we received your items, our specially trained experts will test and evaluate them to determine their value. The Company may need to remove a diamond from the jewlary item to adequately value it. We will ALWAYS contact you and get your consent to the removal of a diamond before doing so.
5.2 By sending us your diamonds or fine jewelry, you hereby irrevocably and unconditionally accept that the process of determining a value of the metal may involve placing certain acids on the gold, silver, platinum, or other items which can leave permanent staining and/or scratches. you hereby acknowledge and agree that The Copmpany is not liable for any damages caused by this process or any resulting decrease in the value of the items.
5.3 If we make you an offer, it will be valid until 5:00 pm EST the following business day. As the prices of diamond, gold, and other precious metals change regularly, our offers cannot generally be extended beyond then. If you accept our offer, the goods will be immediately shipped for diamond removal and melting down, so your acceptance is legally binding and is irrevocable. Please note that when accepting an offer, any no value items will not be automatically returned to you, unless you specifically request their return at the time of the offer.
6. Payments
6.1 After you accept our offer, we will arrange payment details with you. We will pay by one of the following payment methods:
6.1.1 Direct bank transfer to your account. We can pay straight into any US account of your choice, with funds leaving our account the day after you agree to our offer. There is no charge for this service. We will send you a payment receipt confirming the money has been transferred.
6.1.2 Check. We can send you a check within five (5) business days after you have agreed to our offer. We will send you a payment receipt along with the check to the same address you provided to us in the initial inquiry through the Platform.
6.1.3 Nearly all our customers accept the offer we make them, but if you decide not to accept our offer for your items, your goods will be returned to you, at our cost, within five (5) business days from when you decline our offer, unless your are a ‘Self Send Customer’ who has received an email informing you of a $25 to return. However, if you send only items containing no diamonds, there is a $25 fee for returning them, or we can dispose of them free of charge. Your payment must be received within thirty (30) days of our request, or we will dispose of the items.
6.1.4 The Company will not be liable for any delay or hold-up in the payment and/or no payment, that is caused by force majeur and/or events beyond the Company’s control, including, strikes, closures, etc.
6.1.5 The payment date is five (5 ) business days counted from the date of accepting the offer, which is the date on which the transaction is approved by the customer (Sunday to Thursday, and excluding Friday, Saturday, the eve of Festivals and the Festival days themselves).
7. Returned Items
7.1 If our return carrier is not able to return the items because it has been unable to obtain a signature, it will leave an instruction card. If the package is returned to a local delivery office, it will need to be collected within a period of time specified by the carrier. If the package is not collected within this time, it may be returned to us. On receipt of the returned items, we will contact you to arrange for the items to be resent; however there will be a charge of $25 to cover the additional postage and administration costs. Payment must be received within two (2) weeks of contacting you or we reserve the right to purchase the items at our offer price, excluding our administration costs and holding insurance fee. When returning your original items, the Company shall, in its own discretion, choose the return carrier and relevant insurance for each such return. The Company is not liable for any items becoming damaged. We may be independently insured against any such loss, and in the event of any claim, the customer agrees to provide all such information as we or our insurance company may reasonably request, including signing for the returned package.
8. Customer service
8.1 For questions regarding the Platform, we invite you to approach the Company’s service representatives. You can contact the Company by phone, fax or by email to customer service.
8.2 For further details regarding the Platform and its operations, you can approach the Company’s customer service by email at [email protected] and by phone on number +16468688880 .
8.3 Our customer service representatives will gladly be at your disposal for any question regarding the evaluation and selling process and for any other subject that will make the selling process, enjoyable, simple and speedy.
9. Cancellation of the purchase by the Company and terminating activity on the Platform
9.1 In any event in which – due to force majeur – the Company is unable to operate the Platform normally or to fulfill all of its obligations, the Company will be entitled to cancel its agreements with sellers, in whole or in part. In this section “force majeure” signifies that which accepted in law, including computer failure, failures in the phone system or failures in any other system of communications, delivery and security occurrences.
9.2 If a purchase is cancelled as stated, the Company will not be liable and will not be responsible for, any direct or indirect damage and/or any general or special expense caused to the user or to any third party.
9.3 In the event that there is an error in the printing of the description, the price, the payment terms or the illustration of the product/service, or in any other printed material, or in any data received from the person making an offer, the Company may cancel the specific purchase .
10. Liability and service
0.1 The Company and/or the Platform's management and/or anyone on their behalf will not be liable and will not bear any responsibility for any damage – direct or indirect – general or special costs – caused to the user and/or to a browser and/or to a third party as a result of use or selling on the Platform, that is not in accordance with these terms & conditions – if there is a ground for a claim of any kind, including lose of revenue and/or loss of profit caused for any reason whatsoever, then the Company reserves the right to cancel the particular transaction.
10.2 We make no warranties or representations about the Platform. We shall not be subject to liability for any delays or interruptions of the Platform from whatever cause. You agree that you use the Platform and the content at your own risk.
10.3 Pictures of the items on the Platform are intended for the purpose of illustration only and there may be differences between the pictures shown on the Platform, in whole or in part, and the items actually purchased.
10.4 In any event, the Company will not be liable for any amount that exceeds the value of the item that is sold, or for any direct and/or consequential damage.
10.5 The Platform's management will not be responsible for any delays in payment caused by events that are beyond its control, such as accidents, hold-ups, strikes, natural disasters, failures of the computer system or in the phone system which impacts on the completion of the purchasing process or failures in the email service.
11. Intellectual Property
11.1 All intellectual property rights in the Company, including patents, production rights, patterns, organizational and commercial secrets, are the exclusive property of the Company. These rights apply, inter alia, to the Company’s Platform’s graphic designs, the data base which contain the Platform computer code, its internet address and every detail relating to its activities.
11.2 No information from the Platform whatsoever can be copied, duplicated, distributed, marketed or translated (including trade marks, photographs, texts and computer code (without obtaining the Company’s prior, specific permission in writing).
11.3 No commercial use can be made of the data which the Company publishes, of the Company’s data base or of other details issued by the Company, without obtaining the Company’s prior written consent.
11.4 The Company will be entitled to tell a user to remove any advert or information of which use is made in such a manner that the Company’s interests or property are harmed.
11.5 The Company's name and the trade name, the Platform, the Company's trade marks (whether registered or not), are all the exclusive property of the Company. No use may be made of them without obtaining the prior written approval therefor.
11.6 Icons of all information and/or display appearing on the Platform, including graphics, formatting, displayed text, trade marks, logo, and the editing and presentation of such, are the Company’s exclusive property. Any use of this property of the Company will be made solely in accordance with these terms & conditions.
11.7 No use shall be made of any trade mark or product design or pattern appearing on the Platform or in pictures appearing on the Platform which are protected intellectual property, both by virtue of the United States and foreign law.
12. Maintaining the confidentiality of data and details of the user.
12.1 Providing personal details on the order form is done with the consent and agreement of the customer. Completion of the details bears witness to the willingness of the customer to provide them.
12.2 The Company undertakes not to make any use of the information without consent unless required to do so under any law or to prevent abuse. The Company will allow access to the information solely to those employees requiring the information in order to grant services.
12.3 The Company takes acceptable precautionary measures in order the preserve the confidentiality of the information to the extent possible.. Every transfer of a payment is done in an encrypted manner in accordance with Standard PCI but if there were circumstances beyond the Company’s control and /or arising from force majeur, the Company would not be liable for any damage of any kind, direct or indirect, caused to a customer by the loss or unauthorized use of [such information].
12.4 When registering for the Platform, the Customer will be asked to provide his genuine personal details, including: given name, family name, phone number, area, street, house number, apartment, floor, entrance, comment and information regarding what a courier should do if the address is not [the customer]’s] home. For the purposes of data protection and protecting the customer’s privacy, your method of payment details will not be kept on the Platform's management data base, and will be kept solely for the purpose of completing the transaction. The fields specifically marked must be completed. Without providing the requested details in the mandatory fields, you will not be able to make use of these services.
12.5 It is possible when browsing or taking an Action on the Platform, including: reviewing the item's range offered for purchase on the Platform, that details of your review will be noted automatically by the computer. These details are used by the Company for control purposes and to improve the Company’s management and marketing with its customers.
12.6 Some on-line services require registration. Within the registration process, it is required that a user name and password be chosen at the time of using the Platform. The Platform's management may determine from time to time additional or other ways of identification. Keep your user name and password secret so as to avoid misuse. Clients are asked to pay strict attention to the need to change passwords as frequently as possible.
12.7 Details provided by the customer and details about him that are gathered during his use of the Platform, will be kept in the Platform's management data bank. The use of the Platform and your confirmation of the Privacy Policy testifies to the fact that the customer using the Platform agrees that his details may be saved and managed on the Platform's management data bank. The information in the data bank will be used in accordance with the provisions of this Privacy Policy or in accordance with the provisions of all laws, for the purpose set out below:
12.7.1 to enable the customer to use the services on the Platform;
12.7.2 to identify the customer in the process of re-accessing the Platform;
12.7.3 to improve and advance the services and designs offered on the Platform, including creating new services and designs that conform with the demands and expectations of the Platform users and to amend or cancel current services and designs. The information that the Platform management will make use of for this purpose, will, in general, be statistical information that does not identify the customer in person;
12.7.4 to enable users to match the Platform services to their preferences;
12.7.5 to enable the Platform management to make contact with a customer and to send him by email, from time to time, information regarding the management’s services, as well as advertising information and information relating to other services. Information such as this will be sent to you in accordance with the consent specifically given by the customer during the Platform registration process or at any other time. The customer can cancel his consent at any time and stop receiving approaches and advertising material from the Platform management;
12.7.6to enable contact with customers as required;
12.7.7.to enable analysis, supervisions and the dissemination of statistical information to third parties. This information will not identify customers personally;
12.7.8 for any other purpose, specified in this Privacy Policy or in the usage and purchasing conditions on the Platform.
12.8 The Platform's management will not transfer to third parties the customers’ personal details and the information collected on their activities on the Platform unless in the following circumstances:
12.8.1 to the extent required to maintain the proper supply of the Platform services and for the implementation of the objectives of using the information as detailed above, to the extent required;
12.8.2 if the customer is in breach of the terms of usage and sale on the Platform, or if the customer implements actions on the Platform or in connection therewith, actions that are predicted to be illegal or as an attempt to perform such actions;
12.8.3if the Platform's management receives a judicial injunction instructing it to provide details of a customer or information regarding a customer to a third party; for the avoidance of doubt, the Company is not obligated to resist any request in an injunction that requires it to provide details regarding a customer to a third party;
12.8.4 in any disagreement, claim, suit, demand or legal proceeding, should there be any, between a customer and the Platform's management;
12.9 The Platform's management will be entitled to transfer a customer’s details and the information gathered pursuant to use made by the customer on the Platform, to other companies or organizations that are related to the Platform's management, such as a parent company, a subsidiary and a sister company, but only if they use such information solely according to the provisions of this Privacy Policy.
12.10 The Platform's management is entitled to provide and share anonymous information, totals and statistics, with other companies or organs that are related to the Platform's management as well as with suppliers, business partners, advertisers and any third party at its sole discretion, but there will not be disclosed to them intentionally or purposely, the customers’ identities without their express consent.
12.11 The Company may use Cookies for the purpose of the continued and normal operation of the Platform including to collect statistical data regarding use of the Platform, to verify details, to coordinate the Platform to the individual preferences of customers and for the purpose of safeguarding information. Cookies are text files that the customer’s computer browser creates at the behest of the Platform's management computers. Part of the Cookies are deleted when the customer closes his browser and other remain on his computer’s hard disc. Cookies contain a variety information such as the pages which the customer has visited whilst being a Platform customer, the place from which the customer arrived at the Platform, the departments and the information that the customer asks to view when entering the Platform, and more. They [the Cookies} also serve to avoid the need to renew the customer’s details each time he revisits sections on the Platform that require registration, to the extent there are such. The information in the Cookies is encoded and the Platform's management takes the necessary precautions to ensure that it is only the Platform's management computers that can see and understand the information contained therein.
12.12 A customer who does not wish Cookies to be accumulated on his personal computer may avoid doing so by changing the definitions on his computer’s browser. For this purpose please consult the browser’s Help File. It should be remembered that cancelling Cookies is likely to cause part of the services and features on the Platform and on other internet sites, not to be available. In addition, it is possible to delete Cookies from the computer at any time.
12.13 The Platform's management implements systems on the Platform that are intended to optimally secure the information , in accordance with accepted standards. While these systems reduce the risks of unauthorized access to the Platform's management computers, there is no absolute guarantee. Therefore, the Platform's management does not undertake that the services on the Platform will be totally resistant to unauthorized access to the information stored therein.
12.14 The Platform's management may change, from time to time, its Privacy Policy to the extent that it acts in accordance with the law.
12.15 At any time, you may review the updated Privacy Policy by pressing on the appropriate link on the Platform.
13. Further conditions
13.1 The interpretation and enforcement of these Regulations and/or any act or dispute arising therefrom, will be carried out in accordance with the laws of the United States.
13.2 The Company’s computer records regarding the activities carried out through the Platform will constitute proof of their being correct.
13.3 The Company reserves the right to change these terms & conditions and rules of participation, from time to time. Only the rules published in the Platform's terms & conditions will be binding on those carrying out activities on the Platform.
14. Lost Property
If you send us items without a completed customer from. it is unlikely we will be able to identify you as the sender unless you have written your name and address on the package.
If the shipping label was requested via our website, we may be able to identify you as the sender using the references number of the label.
We will continue to hold these items for a period of three (3) months in a secure area. Customers claiming items will be required to provide a full and detailed description before an offer is made. Once we have confirmed a lost property claim, we will make payment for the items at our then-current price. If the items have been held in excess of two (2) months, a deduction will be made from this payment to cover our storage and administration costs. If a claim is not made within three (3) months, a $7.50 weekly deduction will be made from this payment to cover our storage, administration, and insurance costs.
15. Selling an item to iValueLab - Declaration form
15.1. Deal's process
The merchandise described in this declaration is being submitted by (the Shipper) to (the "Co') for independent authentication, grading & valuation solely to assist ivaluelab.com with its offer to purchase this merchandise; upon the express understanding that all such merchandise shall remain the property of (the “Co”), (unless or until sold & paid for by ivaluelab.com) & shall be returned on demand, in full & in its original form to (the Shipper). At the conclusion of (the "Co’s") independent authentication & valuation process ivaluelab.com may extend (the Shipper) on offer to purchase; prior sales estimates it is expressly agreed do not in any way constitute a guaranteed offer to buy by ivaluelab.com.
Should (the Shipper) decline such offer or should ivaluelab.com decline to extend (the Shipper) an offer the merchandise shall be returned to (the Shipper). On acceptance of an ivaluelab.com offer notification & of receipt of the Ivaluelab.com payment (the Shipper) shall promptly authorize (the “Co”) to release this merchandise to Ivaluelab.com or its designated agent & in the event that that such notification is delayed beyond 3 business days (the Shipper) agrees that (the "Co") may release the product described herein to Ivaluelab.com on their presentation of your acceptance of our offer & a valid proof of payment by Ivaluelab.com.
15.2. Insured Shipping
Should (the Shipper) accept the ivaluelab.com offer of complimentary insured shipping of your product to & from (the "Co") (the Shipper) agrees to comply with the terms of the ivaluelab.com insurance policy to not alter the provided shipping label in anyway; to obtain & retain proof of acceptance of the package for shipment from its designated carrier, to strictly observe the ivaluelab.com packaging instructions & in the event that the package is shipped to the return address provided, to be on hand to accept the package.
In any of these matters you understand that non-compliance may in the unlikely event of a loss, mean an uninsured loss of for the (the Shipper). While ivaluelab.com will assist to describe said contents of the package & to assist if requested to assign an insured value; it will be (the Shipper’s) responsibility to substantiate the proof of loss (through the provision of an appraisal or purchase invoice) if required by the ivaluelab.com insurance underwriters, &, in the event of damage, loss, or non-return (for any reason other than purchase), ivaluelab.com will immediately indemnify (the Shipper) for the lessor of the stated value above or the actual amount reimbursed by ivaluelab.com’s insurance underwriters for such loss or damage, representing the extent of the actual loss.
The Co maintains insurance against risk of loss in-transit or damage to the merchandise in an amount not less than the stated value thereof & shall, upon demand, furnish to you proof, satisfactory to (the Shipper), of such insurance. The Co acquires no right to pledge, the merchandise & no credit is extended with respect to this merchandise. Valid Legal Title: (The Shipper) hereby certifies to ivaluelab.com that he/she is the lawful owner of this merchandise. Legal Jurisdiction: (the Shipper) consents & submits to the jurisdiction of the Courts of the State of Illinois for all disputes concerning this declaration without limitation or any action instituted to enforce any right, remedy or liability arising under or by reason of this declaration. (The Shipper) also consents & submits to the venue of such action or proceeding in Cook County Illinois. This contract shall be construed & governed in accordance with the laws in the State of Illinois.
