Terms & Conditions
We may modify these "TOU" without notice to you, so you are advised to check this page periodically
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 TOU.
Term and Termination.
These TOU 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 LOUPED 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 TOU, 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.
For more information, about the way the sale and purchase processes work please see our "How it Works" page. Listing your item for sale on the LOUPED marketplace is FREE of charge! So feel FREE to keep listing if your item does not get sold right away! However, once the item does sell, 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 LOUPED has collected the buyer's funds; if the sale does not get completed solely because the seller does not send the item to LOUPED or backs out, the seller is still responsible to LOUPED. for the applicable commission, to be paid within 5 business days. Please be aware there is a $250 minimum value to list the item on the Marketplace. We cannot monitor when clients subsequently lower their listing price after a period of time, but we do not accept initial listings of less than $250 in value.
- Sellers Commission: from $500 - $5,000 = %20 of the sale price : $5,001 - $10,000 = %18 of the sale price : $10,001 - $50,000 = %15 of the sale price : $50,000 + %10 of the sale price. VIP Service %25 of the sale price.
- Buyers are responsible for the purchase price plus a standard 2.5% buyers commission plus shipping. (No tax either). Once a Seller has accepted a buyer's price on an Item, we wait for approximately seven to ten business days to receive that Item from the Seller. If we do not receive the item from the Seller in that timeframe because the seller refused to send in the item, we will refund the buyer's money. However, if the item doesn't get to our facilities due to unforeseen circumstances or third-party delays, such as lost mail, delays from the shipping carrier, the buyer is still obligated to the sale.
- If we receive the item from the Seller but the Item has been damaged in shipping, we will refund the buyer's money. Otherwise, when we receive the item from the Seller, we have GIA-trained gemologists examine the Item to make sure that the Item is as described by the Seller. The gemologist is responsible for checking the 4 C’s defined by the Gemological Institute of America for diamonds, which are cut, clarity, color, and carat. 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 gemologist certifies that the diamond is consistent with the Item as described by the Seller, then we ship the item to the buyer via FedEx. If when the buyer receives the Item, you discover that it has been damaged in shipping, you must notify FedEx, not LOUPED, and make a claim directly with FedEx. LOUPED buys shipping insurance through FedEx, but LOUPED is not responsible for and does not get involved in Buyer claims against FedEx.
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 4 C’s are 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 7 to 14 business days to show up on your card.
If you purchase an item and then change your mind.
If you buy an item on the LOUPED marketplace and decide it's not for you, we'll take it back and give you a credit under the following conditions:
- You return the Item to LOUPED within five (5) business days of receipt by you (see “Selling Guide” for our address) using LOUPED’s FedEx account. Please note there are no returns after the 5 business day period.
- Once we receive the Item, our gemologists will examine to evaluate that the item and condition are identical to what was sent to you.
- If the item is the same one that was sent to you, and in the same condition, we will provide you with a one-time credit, for the purchase amount MINUS THE APPLICABLE COMMISSION, which can be used to make another purchase exclusively on LOUPED within 30 days.
- If you do not use the credit within 30 days of the date of the credit, the credit will expire. We will not notify you of the expiration date after sending you the initial notification of credit.
If You Are a Seller.
- 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.
- You will not list stolen, non-authentic, non-existent Items for sale on the LOUPED Website.
- You will not contact any potential to negotiate outside the scope of the LOUPED Website, or anyone who has seen the Item(s) you are offering or become aware that you are offering such Item(s) through LOUPED. However, if you do sell your item to a buyer that contacted through LOUPED you are still fully liable for the applicable commission to be paid within 7 days of LOUPED becoming aware of such sale. Moreover, LOUPED is NOT responsible for any fraud or wrongdoing should you choose to sell outside of the site.
- You agree to the applicable sellers' commission.
- If you are an International seller you will be charged an extra 8% to cover customs and duty charges. This applies to Standard Listing sales, VIP Listing sales, and Direct Offer sales. The 8% fee is calculated as a percentage of the declared shipment value of the incoming parcel.
- If your item(s) have not been claimed after two (2) years in our possession, the items shall be considered abandoned. A storage fee of ten dollars ($10.00) per month will be charged after six (6) months in our possession.
- Payments for all direct purchases or marketplace sales are issued on the 15th of every month for any items that have sold and passed authentication from the first day to the last day of the month prior. For example, all payments issued on February 15th would cover any items sold and passed during January 1st - January 31st. All payments will be sent by check via USPS. For Marketplace sales, the payment timeline begins once the item is received in-house and authenticated. For Direct Offers and VIP sales, the payment timeline begins once the Purchase Form has been signed.
- Seller Returns: If our final Direct Offer falls below the preliminary estimate provided and you decline this offer, we will return the item to you at our expense. If you accept the offer, payment is issued in full. If our final Direct Offer falls within the preliminary estimate provided and you decline this offer, the return charge is a $20 flat fee which can be paid by credit card or PayPal. If you accept the offer, payment is issued in full.
If You Are a Buyer:
If you are a Buyer, you agree that:
- 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.
- You are aware of our return policies and shipping and handling timeframes regarding any purchased item.
- 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.
- If an item that you buy is damaged in shipping when we send it to you, you will contact FedEx and resolve the matter and not seek to involve LOUPED. LOUPED pays for insurance as part of your shipping cost but LOUPED does not get involved in claims or disputes between any Buyer and FedEx or UPS.
- You will not negotiate outside the scope of the LOUPED Website with any anyone who is offering an Item through the LOUPED Service to purchase such Item. If you buy an item from a seller that was contacted through LOUPED you are still fully liable for the applicable commission to be paid within 7 days of LOUPED becoming aware of such sale. Moreover, LOUPED is NOT responsible for any fraud or wrongdoing should you choose to sell outside of the site.
- You agree to the 2.5% standard buyers commission, to be paid upon purchase.
Posting of Content on the Website
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 LOUPED may incur as a result of any Inappropriate User Content that you post. Inappropriate User Content includes material, or links to material, that:
Defames another person who is identifiable from your posting.
Very generally speaking, to defame someone is to say something that is not true about that person, in a way that enables the listener or reader to identify that person, to someone else, that causes harm to the person’s reputation. (To libel someone is to defame someone in writing.) Certain kinds of statements are “defamation per se” according to the applicable law, which means that if you say one of these things about someone and it is not true, the person does not even have to prove that the person suffered financial damages: he or she will be presumed to have suffered financial damage. So, even if your ex-husband had an affair with your teenage daughter’s best friend, or stole money from your bank account, BE VERY, VERY CAREFUL about how you identify him in your posting. Even if you don’t give his name, he may still be identifiable from your description of him, of you, your family, your children, your neighborhood, your church or synagogue, or your job, or just from your username, if it is your real name or an identifiable version of your real name. If the person sues LOUPED, you will be liable for any money that LOUPED has to pay to defend against the claim, even if what you said was true. This is not legal advice. If you have any doubt about what you can and cannot say, you should consult a lawyer who specializes in defamation.
Violates the right of privacy of someone who is identifiable from your posting,
which, very generally speaking, means publishing private or intimate facts about someone who is identifiable from your posting, that cause that person embarrassment, or publicizing facts in a “false light,” or showing a photo of a person along with a story about someone else in a way that makes it look like the person in the photo was the subject of the story. This is not legal advice. If you have any doubt about what you can and cannot say, you should consult a lawyer who specializes in privacy law;
Is patently offensive to the online community in some other way,
such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person; involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"; is false, misleading or promotes illegal activities or conduct that is abusive; is threatening, or obscene; contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page); exploits people under the age of 18 in a sexual or violent manner, solicits personal information from anyone under 18; provides instructional information about illegal activities such as making or buying illegal weapons, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or facilitates or constitutes part of commercial activities and/or sales such as contests, sweepstakes, barter, advertising, and pyramid schemes.
By posting any User Content to LOUPED, 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 LOUPED 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 LOUPED sees fit.
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: firstname.lastname@example.org.
Ownership of LOUPED Content.
We own all proprietary rights in the LOUPED Service and the Website, including, without limitation, all trademark rights in LOUPED name and logos, all patent rights in the LOUPED Service, and all copyright and other rights in the content that we display or post on the Website (“LOUPED Content”). You may not copy, publish, transmit, distribute copies of, perform, display, or modify any LOUPED Content except as is necessary to use the Website.
Limitations on Use of the LOUPED Service.
We operate the LOUPED Service solely to enable people to sell and buy Items. LOUPED 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 LOUPED Service and we will take all legal action that we consider necessary or appropriate to ensure that such activity is stopped. Although LOUPED cannot monitor the conduct of its Users offline, it is also a violation of these rules to use any information obtained through the LOUPED 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.
Interaction and Disputes with Other Users; Release.
Whether you are a Seller or a Buyer, other than as specifically provided in these TOU, 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 UPS, between any other Users, or between Seller or Buyer and any third party, including, without limitation, UPS, LOUPED is under no obligation to become involved, and you hereby release LOUPED, 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 LOUPED 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."
You will indemnify LOUPED and its subsidiaries, affiliates, officers, agents, and other partners and employees (the “LOUPED Parties”) 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 LOUPED Service, including, without limitation, any claim arising from your breach of any of these TOU and/or any breach of your representations and warranties set forth above.
DISCLAIMER OF WARRANTIES.
LOUPED EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE OPERATION OR YOUR USE OF THE LOUPED WEBSITE, INCLUDING, WITHOUT LIMITATION:
IF YOU ARE A SELLER:
ANY WARRANTY TO THE EFFECT THAT YOU WILL FIND A BUYER THROUGH THE LOUPED SERVICE.
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 EXCEPT WITH RESPECT TO THE 4 C’S AS DESCRIBED IN SECTION 4 OF THIS POLICY; 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.
FOR ALL USERS.
THE LOUPED 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. LOUPED EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE LOUPED 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 LOUPED’S CONTROL, TO PROBLEMS WITH THE LOUPED 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 LOUPED 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.
LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL LOUPED BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF LOUPED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE LOUPED SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE LOUPED SERVICE OR THE WEBSITE; INABILITY TO USE THE LOUPED SERVICE OR THE WEBSITE; THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE LOUPED 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 LOUPED SERVICE; OR BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE LOUPED 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.
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 York 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 York, City of New York. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the LOUPED Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Coupon Codes and Vouchers.
Coupon codes and/or vouchers are only valid for items over $1,500.00.
Minimum Listing Price.
LOUPED requires a $150.00 price minimum for all listings. Please note, for items priced below $500.00, LOUPED does not provide a formal AGI Gemological Certificate. However, these items will still be reviewed by our expert team of gemologists to assure the item matches the listing description provided.
Our failure to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of the TOU invalid, the court should try to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU will remain in full force and effect.