Terms & Conditions
Effective Date: September 17th, 2023
Last Updated: September 17th, 2023
Welcome to August Emeralds, an LLC specializing in fine custom jewelry and custom jewelry design. Please read these Terms and Conditions ("Terms") carefully before using our website, services, or purchasing our products. By accessing or using our website, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our website or services.
1. Acceptance of Terms
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content. If you do not agree to these Terms, please refrain from using our services.
2. Changes to Terms
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right to modify or replace these Terms at any time. Updated versions of the Terms will be posted on this website. It is your responsibility to review these Terms periodically. Your continued use of our services after any changes to these Terms constitutes your acceptance of the new Terms.
3. Privacy Policy
Your use of our website and services is also governed by our Privacy Policy, which can be found at Privacy Policy. Please review our Privacy Policy to understand our practices regarding the collection and use of your personal information.
4. Custom Jewelry
August Emeralds specializes in custom jewelry. When you place an order for custom jewelry, you agree to provide accurate and complete information about the design and specifications. Any design specifications, materials, and other details must be communicated clearly, and any changes to the design may incur additional fees.
4.i. Custom Designs
The custom design process includes the following services:
One (1) initial consultation (approximately 30-minute virtual meeting)
One (1) budget and production estimate provided via email inclusive of a rough sketch or various design concepts
Upon approval and receipt of deposit (see below), August Emeralds will provide one design mock-up (CAD/CAM images)
One (1) 30-minute virtual consultation to approve or modify the design before production begins
Confirmation of the final design will be emailed to you with images and will request your written confirmation via reply email. Any changes beyond your acceptance will be at your expense. Custom designs with a purchase price of $5,000 or more will include a free appraisal by an independent appraiser.
Changes cannot be submitted beyond this point without incurring any additional costs via a change order. Any requested modifications outside of the approval process will be at the Client's expense.
If a design is changed completely from its original state, a $500 redesign fee will be applied to begin the 3D renderings again.
Once a design is in production, we cannot modify it. Should you request a redesign while we are in production, the price to redesign would be dependent upon how far in the production stage we were and whether or not we have cast metal, set stones, etc.
Payment schedules for custom projects are as follows:
Payment 1 (Pre-Production Deposit): To move into sourcing and production
This deposit is non-refundable. This applies to projects where we will be sourcing stones for a client project. This fee goes towards the total balance of the completed project.
Payment 2: Final Balance Due Prior to entering final production of custom piece
The client is responsible for paying outstanding/final balance prior to entering final production of custom piece. Completion date may be delayed should payment not be completed upon request.
Clients are responsible for paying sales tax on all applicable services and products purchased.
By paying the deposit, the client understands and agrees with all the terms and conditions listed on this page.
Timeline for Custom Projects: Timelines are estimates and are not guaranteed. Typically the timeline for custom projects is 2-3 months but can vary depending on sourcing availability, response times, and holiday schedules.
Return Policy: All custom projects and designs are final sale.
4.ii. Custom Heirlooms
All T&Cs as listed under “4.i. Custom Designs” apply to Custom Heirlooms
We require an appraisal for any client diamonds that weigh 0.50 ct and above. They can be appraised in their current mounting or loose. We assume no liability when working with client stones and will have a signed waiver with the client before using their stones. If you have stones set into metal, we will return the metal to you after removal.
While working with heirloom material, August Emeralds is not responsible for stones or settings that chip, break, bend or are damaged. Client understands that working with heirloom material is "at risk" and August Emeralds will not be liable for any damage that may occur during the production process. Please be mindful that it is important to add fine jewelry to a homeowners, renters, or individual insurance policy; this will protect against loss, damage or theft of jewelry.
5. Products and Services
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. However, we cannot guarantee that your computer monitor's display of any color will be accurate. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations or that any errors in the Service will be corrected.
All sales of inventory are subject to availability and we reserve the right but are not obligated to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. Any offer for any product or service made on this site is void where prohibited.
6. Orders and Payment
When you place an order with August Emeralds, you agree to provide accurate billing and shipping information. Payment is due upon order placement or service as listed under “4.i. Custom Designs.” We accept various payment methods as indicated on our website. You understand that your content (excluding credit card information) may be transferred unencrypted and involve (a) transmissions over various networks, and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. Clients are responsible for paying sales tax on all items purchased.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
7. Warranty
7.i. Craftsmanship Warranty
First and foremost, it is important to add fine jewelry to a homeowners, renters, or individual policy; this will protect against loss, damage or theft of jewelry.
Center stones are not under warranty, please insure your piece!
August Emeralds guarantees the structural integrity of all jewelry. WIth that, for every August Emeralds piece, you get a 1 year warranty for any manufacturing defects. This does not cover damages caused by accidents, scratches arisen from normal wear, neglect or improper use.
Should further repairs be needed after 1 year, it is the client’s responsibility to ship and insure the piece(s); August Emeralds Jewelry will return jewelry via insured shipment.
7.ii. Stone Warranty
First and foremost, it is important to add fine jewelry to a homeowners, renters, or individual policy; this will protect against loss, damage or theft of jewelry.
Center stones are not under warranty, please insure your piece!
We will replace melee diamonds within the first 6 months (2mm and smaller) free of charge. Should there be damage to the piece (missing prong, etc), August Emeralds will replace the diamonds/stones at cost to the client.
Other stones (emeralds, opals, sunstones, other colored gemstones, etc) can be replaced at cost + shipping to the client. Please be mindful that sunstones and opals have a similar hardness to a wine glass and can easily crack or chip if they are not cared for properly. Emeralds are considered a brittle stone and can chip as well.
8. Ring Resizing
We provide one complimentary resizing per ring for our clients. Some of our jewelry (like eternity rings) cannot be resized after purchase, so be sure you know your size beforehand! Please note that resizing jewelry too many times could affect the integrity of the jewelry. Resizing your August Emeralds piece at a local jeweler voids the August Emeralds warranty.
9. Shipping
All pieces are shipped via FedEx and fully-insured. All deliveries require a signature, so keep in mind when entering your shipping information and be on the lookout!! You can track your order through the FedEx link that you have received by e-mail. If you have a problem, reach out to us at hello@augustemeralds.com and we will make sure to help you out.
10. Intellectual Property
All content on the August Emeralds website, including but not limited to text, images, graphics, logos, and designs, is protected by copyright and other intellectual property laws. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
11. Limitation of Liability
August Emeralds is not liable for any direct, indirect, incidental, special, or consequential damages that may result from your use of our website or services.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided "as is" and "as available" for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall August Emeralds, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
12. Indemnification
You agree to indemnify, defend and hold harmless Jewels de Becks LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third party.
13. Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or when you cease using our site. If, in our sole judgment, you fail, or we suspect that you have failed to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
14. Errors, Inaccuracies, and Omissions
Occasionally there may be information on our Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
15. Third-Party Links
Certain content, products, and services available via our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites or any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
16. Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States. Any disputes arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts in Kings County, New York.
17. Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
18. Contact Information
Questions about these Terms of Service should be sent to us at info@augustemeralds.com.