Terms & Conditions

 

  1. Binding Agreement.

These terms of use constitute a legally binding agreement between you and POKU LLC DBA The jewel swap, Jewel Swap, or the J swap By using the jewel swap Website (the “Website”) and its related services, whether you are using it as a seller (a “Seller”), a buyer (a ” Buyer”) , or just a browser (a “Browser”)(each, a “User”), you agree to be bound by these Terms of Use

We may modify these Terms of use without notice to you, so you are advised to check this page periodically.
 

  1. Eligibility.

You must be sixteen (16) or over to register as a User or use the Web site. Registration is void where prohibited. By registering and/or using the Website, you represent and warrant that you have the right, authority, and capacity to enter into and abide by these Terms of use.
 

  1. Term and Termination.

These Terms of use will remain in full force and effect as long as you are a User in any capacity. They apply to anything you do through/on the the jewel swap Web site, this includes, but is not limited to, posting a ring or other piece of jewelry (each, an “Item”) for sale, buying jewelry, sharing your story, and any blogging or posting that you do through our Website respectively. We have the right to investigate any allegations that you have violated these terms of use, and to take whatever action we think is necessary or appropriate to remedy such violations, including, without limitation, terminating your User status and reporting your conduct to the appropriate legal authorities.
 

  1. Sale/Purchase Process.

For more information, about the way the sale and purchase processes work please see our "How it Works" page.  Once the item sells, there is a commission structure based on the sale price that will be deducted from the sales price once paid by the buyer. Also, once a sale is agreed to and The jewel swap has collected the buyer's funds; if the sale does not get completed solely because the seller does not send the item or backs out, the seller is still responsible to The jewel swap. for the applicable commission, to be paid within 5 business days.

  1. Sellers Commission: from $0 - $5,000 = %25 of the sale price : $5,001 - $10,000 = %20 of the sale price : $10,001 - $50,000 = %15 of the sale price : $50,000 + %10 of the sale price.

 

  1. Buyers are responsible for the purchase price plus a standard 2.5% buyers commission. Once a Seller has accepted a buyers price on an Item, we wait approximately seven business days to receive that Item from the Seller. If we do not receive the Item from the Seller in that time, we will refund the buyers money. If we receive the Item from the Seller but the Item has been damaged in shipping, we will try and repair said item at the shippers expense. Otherwise, when we receive the Item from the Seller, we have our on site professionals or GIA examine the Item to make sure that the Item is as described by the Seller. If those features do not match the Seller’s description, we will notify the buyer and give them the option to either accept the Item as is, negotiate a lower price, or ask for a refund. If the professional certifies that the Jewelry/diamond is consistent with the Item as described by the Seller, then we ship the Item to the buyer. If when the buyer receives the Item, you discover that it has been damaged in shipping, you must notify the third party shipper (Fedex, UPS, USPS), not The Jewel Swap, and make a claim directly with The shipping party. The Jewel swap buys shipping insurance, but is not responsible for and does not get involved in Buyer claims against said shipper.

 

  1.  Refunds.

 

    1. If the Seller sends a different Item.

If you purchase an Item, and when we receive the Item from the Seller, we determine that the Item is not as the Seller described them, we will notify you to give you the option of still buying the Item as is, getting a discount if the Seller agrees, or receiving a refund. Refunds take 5 to 10 business days to show up on your card.
 

    1. If you purchase an Item and then change your mind.

All sales on The Jewel Swap are final as we act as a third party to facilitate the transaction.  If you change your mind we would be happy to help you re-list and sell the item on your own.

  1. If You Are a Seller.

If you are a Seller, you agree that:
 

    1. You will not misrepresent the quality or characteristics of any Item that you advertise for sale on the Website or doctor any photograph of any Item that you post.
    2. You will not list stolen, non-authentic, non-existent Items for sale on The jewel swap Website.
    3. If The jewel swap receives an Item that is not as listed and no agreement is reached wit the buyer the item will be returned and seller is responsible for all shipping and handling costs.
    4. You will not contact any potential to negotiate outside the scope of The jewel swap Website, or anyone who has seen the Item(s) you are offering or become aware that you are offering such Item(s) through The jewel swap .  However, if you do sell your item to a buyer that contacted through The jewel swap you are still fully liable for the applicable commission to be paid within 7 days of The jewel swap becoming aware of such sale. Moreover The jewel swap is NOT responsible for any fraud or wrongdoing should you choose to sell outside of the site.
    5. You agree to the applicable sellers' commission.
    6. If you are an International seller you will be charged an extra 8% to cover customs and duty charges.  This applies to all listings.
    7. If your item(s) have not been claimed after one (1) year in our possession, the items shall be considered abandoned. A storage fee of ten dollars ($25.00) per month will be charged after six (6) months in our possession.
    8.  Payments for all sales are issued only after the product is verified and up to two (2) weeks after the sale is final.
    9. Seller Wants Items returned:  If you choose to have your item returned to you after sending it in for grading and/or refurbishment, the seller will be responsible for all costs plus a fee.

 

  1. If You Are a Buyer:

If you are a Buyer, you agree that:
 

    1. You will not purchase any Item unless you have a good-faith intention to buy and you have sufficient funds to make the purchase at the sale price.
    2. You will not pay for any Item with an unauthorized credit or debit card or a check that does not clear for any reason or in any other way fail to pay the agreed-upon purchase price for any Item.
    3. If an Item that you buy is damaged in shipping when we send it to you, you will contact the Shipping party and resolve the matter and not seek to involve The jewel swap. The jewel swap pays for insurance as part of your shipping cost but The jewel swap does not get involved in claims or disputes between any Buyer and the third party shipper (Fedex, UPS, USPS).
    4. You will not negotiate outside the scope of The jewel swap Website with any anyone who is offering an Item through the jewel swap Service to purchase such Item. If you buy an item from a seller that was contacted through The jewel swap you are still fully liable for the applicable commission to be paid within 7 days of The jewel swap becoming aware of such sale. Moreover, The jewel swap is NOT responsible for any fraud or wrongdoing should you choose to sell outside of the site.
    5. You agree to the 2.5% standard buyers commission, to be paid upon purchase.
    6. All Items are shipped as described, if you receive an Item not as described you are to contact the third party shipper (Fedex, UPS, USPS), as the Jewel Swap is not liable for the content of a package after is has left our facility.
  1. Posting of Content on the Website
     
    1. You are solely responsible for the content (“User Content”) that you publish or display ("list") on the Website. We have the right, but not the obligation, to review posted User Content and remove it or take other action if we determine that it is not appropriate for posting on the Website (“Inappropriate User Content”), and you will be liable for any damages that The jewel swap may incur as a result of any Inappropriate User Content that you post. Inappropriate User Content includes material, or links to material, that:
       
      1. Defames another person who is identifiable from your posting.


 

      1. Violates the right of privacy of someone who is identifiable from your posting
         
      2. Is patently offensive to the online community in some other way
         
    1. By posting any User Content to The Jewel Swap, whether in your listing of Items that you want to sell, in your account of how you came to sell (or buy) an Item on this Website, or in any other way, you automatically grant, and you represent and warrant that you have the right to grant, to The Jewel Swap an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. Or otherwise, use in any way The Jewel Swap sees fit. 
       
  1. Copyright Protection Policy.

If you believe that User Content that you own has been posted on the Website without your permission, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the Seller of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright Seller, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright Seller or authorized to act on the copyright Seller's behalf. Our Copyright Agent for notice of claims of copyright infringement can be reached as follows: Customersevice@thejewelswap.com
 

  1. Ownership of IDNID Content.

We own all proprietary rights in the The Jewel Swap Service and the Website, including, without limitation, all trademark rights in The Jewel Swap name and logos, all patent rights in the The Jewel Swap Service, and all copyright and other rights in the content that we display or post on the Website (“Content”). You may not copy, publish, transmit, distribute copies of, perform, display, or modify any The Jewel Swap Content except as is necessary to use the Website.
 

  1. Limitations on Use of The Jewel Swap Service.

We operate the The Jewel Swap Service solely to enable people to sell and buy Items. The Jewel Swap itself never acquires, holds, or transfers title to any Item. Whether you are a Seller or a Buyer, you may not use it in connection with any commercial activity or for any of the prohibited activities described in Section 6 below. We will investigate any illegal and/or unauthorized uses of The Jewel Swap Service and we will take all legal action that we consider necessary or appropriate to ensure that such activity is stopped. Although The Jewel Swap cannot monitor the conduct of its Users offline, it is also a violation of these rules to use any information obtained through the The Jewel Swap Service in order to harass, abuse, stalk, or otherwise harm another person, or in order to contact, advertise to, solicit, or sell to any User without that User’s express prior written consent.
 

  1. Interaction and Disputes with Other Users; Release.

Whether you are a Seller or a Buyer, other than as specifically provided in these Terms of Use, you are solely responsible for your communication and interaction with other Users. If there is a dispute between any Seller and any Buyer, between any Buyer or Seller and The third party shipper, between any other Users, or between Seller or Buyer and any third party, including, without limitation, Third party shipper, The Jewel Swap is under no obligation to become involved, and you hereby release The Jewel Swap , its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, including death, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the The Jewel Swap Service. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
 

  1. Indemnity.

You will indemnify The Jewel Swap and its subsidiaries, affiliates, officers, agents, and other partners and hold them harmless from any loss, liability, claim, demand, fees and expenses, including reasonable attorney's fees, made by any third party due to or arising out of your use of the The Jewel Swap Service, including, without limitation, any claim arising from your breach of any of these terms of use and/or any breach of your representations and warranties set forth above.
 

  1. DISCLAIMER OF WARRANTIES.
     
    1. The Jewel Swap EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE OPERATION OR YOUR USE OF The Jewel Swap WEBSITE, INCLUDING, WITHOUT LIMITATION:
       
      1. IF YOU ARE A SELLER:

ANY WARRANTY TO THE EFFECT THAT YOU WILL FIND A BUYER THROUGH The Jewel Swap SERVICE.
 

      1. IF YOU ARE A BUYER:

ANY WARRANTY THAT (i) EVEN IN A PARTICULAR SALE, YOU WILL BE ABLE TO BUY THE ITEM. THE ITEM WILL BE EXACTLY AS IT WAS ADVERTISED BY THE SELLER OR (iii) THE SELLER OF ANY ITEM OWNS THE RIGHT AND TITLE IN THAT ITEM NECESSARY TO CONVEY THE TITLE IN THE ITEM TO YOU.
 

    1. FOR ALL USERS.

The Jewel Swap SERVICE IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. IDNID EXPRESSLY DISCLAIMS ANY WARRANTY THAT The Jewel Swap SERVICE WILL ALWAYS BE AVAILABLE OR THAT IT WILL OPERATE ERROR-FREE, AND EXPRESSLY DISCLAIMS ANY LIABILITY FOR (i)) ANY INTERRUPTIONS TO THE AVAILABILITY OF THE SERVICE, WHETHER SUCH INTERRUPTIONS ARE DUE TO INTERNET EVENTS BEYOND The Jewel Swap CONTROL, TO PROBLEMS WITH THE IDNID SERVERS, OR TO PROBLEMS WITH YOUR COMPUTER OR YOUR INTERNET CONNECTION, AND (ii) ANY VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY HARM YOUR COMPUTER AS A RESULT OF YOUR INTERACTION WITH THE IDNID SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
 

  1. LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL The Jewel Swap BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF IDNID HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF The Jewel Swap SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE IDNID SERVICE OR THE WEBSITE; INABILITY TO USE The Jewel Swap SERVICE OR THE WEBSITE; THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE IDNID SERVICE OR THE WEBSITE; ACTIONS TAKEN OR STATEMENTS MADE, BY A SELLER WHOSE ITEM YOU HAVE PURCHASED OR A BUYER WHO PURCHASES ANY ITEM THAT YOU HAVE ADVERTISED FOR SALE OR BY ANY THIRD PARTY WHOM YOU MAY MEET OR WITH WHOM YOU MAY COMMUNICATE AS A RESULT OF USING THE IDNID SERVICE; OR BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH The Jewel Swap SERVICE OR THE WEBSITE OR ANY LINKS ON THE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted, so some of the foregoing limitations may not apply to you.
 

  1. Governing Law, Jurisdiction, Time Limit on Claims.

If you have any dispute with us, the dispute will be governed by the laws of the State of New Jersey without regard to its conflict of law provisions. You hereby submit to personal jurisdiction by and venue in the state and federal courts of the State of New Jersey, City of Nutley. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of The Jewel Swap Service or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

  1. Coupon Codes and Vouchers.

Coupon codes and/or vouchers are only valid for items over $1,500.00. 

  1. Minimum Listing Price and minimum Certificate standards.  


The Jewel Swap does not require a price minimum for all listingsPlease note, for items That contain a Diamond of .74 carats or below, or, does not include any diamonds, The Jewel Swap does not provide a formal Certificate. However, these items will still be reviewed by our expert team to assure the item matches the listing description provided. 

  1. Additional Terms.

Our failure to exercise or enforce any right or provision of the Terms of use shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of the Terms of use invalid, the court should try to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of use will remain in full force and effect.