Saint Diamonds – Terms of Service
These Terms of Service (“Agreement”) set forth the legally binding terms and conditions governing your purchase of products and services from Saint Diamonds LLC (“Saint Diamonds,” “we,” or “us”). By submitting payment, placing an order, or proceeding through checkout, you (the “Customer”) agree to be bound by this Agreement in full. This includes services related to the creation and delivery of memorial diamonds made from cremated ashes or hair, as well as any related products, settings, or shipping arrangements (collectively, the “Services”).
1. DEFINITIONS
- “Material” refers to the ashes, hair, fur, flowers, or any other organic substances provided by the Customer to Saint Diamonds for the purpose of creating a memorial diamond.
- “Diamond” refers to the custom-created lab-grown diamond derived in whole or in part from the Material.
- “Order Form” means the online or paper form that outlines the order details, selected services, and payment terms.
- “Contingent Beneficiary” refers to the person designated by the Customer to receive the Diamond if the Customer is deceased at the time of delivery.
2. ORDER ACCEPTANCE AND CANCELLATION
2.1 Saint Diamonds reserves the right to reject or cancel any order at its sole discretion prior to the start of the purification process. If Saint Diamonds cancels an order without cause, a full refund will be issued, and any received Material will be returned.
2.2 Due to the personalized and irreversible nature of the Services, the Customer agrees that once payment is received, cancellations are not permitted unless authorized in writing by Saint Diamonds.
2.3 A Customer may request a hold on their order for up to ninety (90) days; after that period, Saint Diamonds may, at its discretion, cancel the order without any further obligation to perform the Services. If such cancellation occurs prior to the commencement of the purification process, any amounts paid will be refunded in accordance with this Section 2.
3. ACKNOWLEDGMENTS AND CUSTOMER RESPONSIBILITIES
The Customer acknowledges and agrees to the following:
- The Diamond may incorporate refined carbon from additional laboratory sources where required.
- All Material shipments sent to Saint Diamonds are at the Customer’s own risk. This does not limit Saint Diamonds’ obligations under this Section 3 with respect to Diamonds lost or damaged in transit prior to delivery.
- The Material may be handled by third-party labs or shipping providers during the process.
- Accurate contact and shipping details are the Customer’s responsibility. Saint Diamonds is not liable for misdelivery due to outdated or incorrect information.
- Upon final delivery, title and risk of loss for the Diamond transfers to the Customer.
- If the Diamond is lost or damaged in transit prior to delivery, Saint Diamonds will, at its option, regrow the Diamond at no additional charge, provided sufficient Material remains. If the Material is insufficient to regrow the Diamond, Saint Diamonds may, at its discretion, issue a refund. Except as expressly provided in this Section 3, no other refunds, returns, or remedies shall be available.
- The Customer is responsible for insuring the Diamond after delivery.
- Color, cut, size, and clarity are subject to variability and cannot be guaranteed.
4. TIMELINE AND DELIVERY
4.1 Timeline
Saint Diamonds strives to complete the diamond creation and delivery within six (6) to twelve (12) months from receiving both the full payment and the required Material. This timeframe is an estimate only and may be extended due to lab availability, technical delays, or other external factors. No refunds will be issued for delays.
4.2 Delivery Address Confirmation
Prior to shipment of the finished diamond, Saint Diamonds will request confirmation of the delivery address from the Customer by email. Because the production process may take several months, it is the Customer’s sole responsibility to ensure that their delivery address is current, accurate, and complete at the time of confirmation. Saint Diamonds shall not be liable for any loss, delay, misdelivery, or non-delivery resulting from the Customer’s failure to provide timely confirmation or the provision of an incorrect, incomplete, or outdated address.
4.3 Payment Before Shipment
Shipment of the finished diamond(s) or any additional services (including, but not limited to, jewelry settings, engravings, or resizing) will only be made once the total order amount has been received in full, unless the Customer is using Affirm or another approved third-party financing service.
For orders involving multiple diamonds or payments made by multiple parties, shipment will not occur until the full balance of the entire order has been paid. Saint Diamonds shall have no obligation to ship any diamond or product until all amounts due under the order are confirmed as fully paid.
4.4 Failure to Complete Payment
If the Customer has agreed to a split payment arrangement (for example, an initial deposit followed by a final balance payment) or a Saint Diamonds internal payment plan, production may begin once the first payment has been received. However, shipment of the finished diamond or any additional services will only occur once all payments have been received in full.
If the Customer fails to make any subsequent payment when due, Saint Diamonds reserves the right to suspend production until payment is resumed. If the payment default continues for more than sixty (60) days from the due date, Saint Diamonds may, at its sole discretion, cancel the order.
In the event of cancellation:
- Any amounts already paid by the Customer shall be treated as non-refundable, as they cover preparation, laboratory scheduling, and materials processing.
- Any Material (ashes, hair, or other organic substances) provided will be handled in accordance with Section 5 (Material Requirements and Storage), and may be disposed of or returned at the Customer’s expense.
4.5 Welcome Kit
The purchase of a Saint Diamonds Welcome Kit provides the materials and instructions necessary for submitting ashes, hair, or other organic Material to Saint Diamonds.
At checkout, the Customer may choose whether to include a deposit toward a future memorial diamond order:
Optional Deposit: If the Customer elects to add a deposit at the time of purchasing the Welcome Kit, such deposit is strictly non-refundable under any circumstances, including if the Customer decides not to proceed with a memorial diamond order. Any deposit paid will be credited against the total purchase price of the Customer’s future memorial diamond order.
Welcome Kit Fee: The Welcome Kit itself is refundable only in accordance with the Returns and Refund Policy, provided it is unused, unopened, and returned within the specified time period.
5. MATERIAL REQUIREMENTS AND STORAGE
Customers must provide the required quantity of Material as outlined in the Welcome Kit. The Customer acknowledges that the composition, quality, and condition of cremated ashes or hair vary significantly and may impact the diamond growth process. Saint Diamonds does not guarantee that any submitted Material will contain a sufficient quantity of usable carbon or otherwise be suitable for diamond growth.
In the event that initial diamond growth is unsuccessful due to the insufficiency, contamination, or unprocessable nature of the Material, Saint Diamonds may, at its sole discretion, attempt to regrow the Diamond using the remaining Material. If regrowth is also unsuccessful, Saint Diamonds may request that the Customer provide additional Material, recommend an alternative solution, or issue a partial refund in accordance with the Returns and Refund Policy.
Any remaining carbon after production will be securely stored by Saint Diamonds for up to twelve (12) months, allowing for the possibility of a remake or additional diamond. The Customer may request the return of the stored carbon at any time during this period, provided that all shipping and handling costs for such return shall be borne by the Customer. Upon expiry of the twelve (12) month storage period, Saint Diamonds reserves the right to return the stored carbon at its own expense or to responsibly dispose of it without further obligation.
6. TESTIMONIALS AND PUBLIC SHARING
Unless the Customer opts out in writing, Saint Diamonds may respectfully use anonymized testimonials, quotes, or photos of the Diamond for use in marketing, social media, and other materials. Personal names or images of the deceased will not be used without prior written permission. Customers may revoke permission at any time by written notice.
7. CONTINGENT BENEFICIARY
If the Customer dies before Services are completed, Saint Diamonds will ship the Diamond to the designated Contingent Beneficiary. If no beneficiary is named, the Diamond will be sent to the last known address of the Customer. Saint Diamonds is not liable for failed delivery if the information is outdated or inaccurate.
8. WARRANTIES AND SERVICE LIMITATIONS
The Customer affirms that they are legally authorized to submit the Material and to enter this Agreement. The Services and Diamond are provided “as is.” Saint Diamonds disclaims all express or implied warranties, including but not limited to merchantability, fitness for a particular purpose, or expected outcomes.
The Customer understands that the final appearance of the Diamond—its size, color, or clarity—cannot be predicted and does not warrant a refund.
Except as expressly provided in the Returns and Refund Policy (the “Refund Policy”) with respect to the Defective Diamond Regrow Warranty, no other warranties or warranty remedies apply. The Defective Diamond Regrow Warranty is the Customer’s sole and exclusive remedy in the event of a material or craftsmanship defect.
For the avoidance of doubt, this Section 8 does not limit the specific remedies set out in Sections 2, 3, and 5.
9. INDEMNIFICATION
The Customer agrees to indemnify and hold harmless Saint Diamonds, its employees, affiliates, contractors, and agents from any claims, losses, damages, or legal costs resulting from:
(a) The submission or transportation of the Material;
(b) Use or possession of the Diamond;
(c) Violation of law or third-party rights; or
(d) Any breach of this Agreement.
This indemnity survives the expiration or termination of the Agreement.
10. LIMITATION OF LIABILITY
Saint Diamonds shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages—even if advised of their possibility.
Saint Diamonds’ total liability under this Agreement shall not exceed the amount the Customer has paid.
This limitation continues after the Agreement ends.
11. REFUNDS AND RETURNS
Refunds and returns are strictly limited. Customers acknowledge that all purchases of memorial diamonds, jewelry settings, and other custom or made-to-order items are final and non-refundable once ashes or hair have been received by Saint Diamonds.
Refunds, if any, are available only in accordance with our published Returns and Refund Policy (the “Refund Policy”), which is incorporated herein by reference. The Refund Policy governs the Welcome Kit return process and the Defective Diamond Regrow Warranty. Refund processing timelines are as set forth in the Refund Policy.
For clarity, the foregoing limitations do not affect Saint Diamonds’ express rights and remedies set out elsewhere in these Terms, including:
– Section 2 (refund if Saint Diamonds cancels the Agreement before purification);
– Section 3 (regrow at no charge if a Diamond is lost or damaged in transit prior to delivery, and, only if the Material is insufficient to regrow the Diamond, a refund at Saint Diamonds’ discretion); and
– Section 5 (partial refund at Saint Diamonds’ discretion where Material is insufficient, compromised, or unprocessable).
Except as expressly provided in the Refund Policy and in Sections 2, 3, and 5, no other refunds, returns, or remedies shall be available. In the event of any inconsistency between the Refund Policy and these Terms of Service, these Terms shall control.
Refund processing timelines are as set forth in the Refund Policy (typically within 10 business days).
12. DISCLAIMERS ON SETTING OR MODIFICATIONS
Unless explicitly agreed in writing, Saint Diamonds is not responsible for setting, resizing, cleaning, or otherwise modifying the Diamond after creation.
13. FORCE MAJEURE
Saint Diamonds is not liable for failure or delay in performing due to events beyond its control, including but not limited to: government orders, war, sabotage, pandemics, natural disasters, equipment failure, labor issues, or inability to procure required materials or services.
14. GOVERNING LAW
This Agreement shall be governed by the laws of the State of Delaware, excluding its conflict-of-law principles. The parties waive applicability of the UCC, the CISG, and any similar international commercial frameworks.
All disputes shall be resolved in the state or federal courts of Delaware.
15. NOTICES
Notices must be sent in writing to the contact details provided by each Party. Notices sent by email shall be valid only upon confirmed receipt. Notices by mail or courier shall be deemed received upon delivery confirmation.
16. ENTIRE AGREEMENT AND MODIFICATIONS
This document, including any signed Order Form, represents the full Agreement. Any changes must be in writing and signed by both parties. No verbal statements or past communication will supersede these terms.
17. GENERAL TERMS
If any part of this Agreement is deemed unenforceable, the rest shall remain in effect. Failure to enforce any provision shall not be considered a waiver.
This Agreement binds the Customer and their successors or heirs.
This Agreement is solely for the benefit of the parties to it and their respective permitted successors and assigns. Nothing in this Agreement, express or implied, shall be construed to give any third party any legal or equitable right, benefit, or remedy of any nature whatsoever.
In the event that Saint Diamonds deems it necessary to enforce or defend its rights under this Agreement, including in the case of a dispute or legal proceeding, Saint Diamonds shall be entitled to recover its reasonable attorneys’ fees and associated legal costs from the Customer.
The headings are for reference only. Words used in the singular include the plural. Electronic copies or signatures have the same legal effect as originals.