Terms of Use

The Fine Print

Last Updated October 23, 2019

We want to make business as easy and straightforward as possible. Here are the Terms of Use for this website:

THE GEMS

We guarantee that all the Gemstones offered for sale by us are as described.

All Gemstone photographs are taken to show the gem’s color in daylight, or as close to that as possible.

  • Daylight varies from location to location and its intensity depends on time of day. For example, a stone seen at midday on a clear day at the Equator will inevitably look brighter than the same gem seen on an overcast day in winter in the Northern Hemisphere.
  • Additionally, each screen has different specifications and shows images a little differently. Desktop monitors may show the same gem very differently than a cellphone screen or tablet.
  • We recommend that all gems be seen under different lighting conditions as most of them will vary from daylight to artificial light to dim light at nighttime events.

Gemstone images shown on the website are not to scale.

Gemstone weights are in carats (1 carat = 0.20 grams).

Gemstone dimensions are in millimeters (mm), with the standard order being length by width by depth (depth is not always shown in descriptions but is available on request for any item).

YOUR ACCOUNT

In order to view, search or purchase our inventory, you must first create an account with us.

  • During registration you will be required to provide certain information such as name, business name, email address, phone number, tax ID and credit references.
  • This information is used to set up memo/credit terms and contact you about the products/services on our site in which you have expressed an interest.
  • Sometimes we may need additional information beyond what is initially requested, in order to set up your account.

Once your account is approved you will be provided with secure login credentials (such as username and password) which you can change at any time.

You are solely responsible for maintaining the confidentiality and security of your account including username and password.  We are not responsible for any losses arising out of the unauthorized use of your account. 

Your account may be restricted or terminated for any reason, at our sole discretion.

SHOPPING

All prices are quoted in United States Dollars (USD), with errors and omissions excepted (E&OE).

All items are subject to prior sale.

  • It is possible that occasionally a Gemstone will be sold but will still show as available on the website.
  • Occasionally a Gemstone will be out on memo to another customer but still show as available on the website.
  • There is a lag between completing a trade show and updating the website to reflect what has been sold.
  • We apologize in advance for these situations and will strive to avoid this scenario as much as possible.

We reserve the right to cancel any order due to pricing or availability issues.

Items listed as matched pairs, layouts, suites, bracelet lines, box sets or any other such groupings are for sale as one lot and may not be split up under any circumstances.

CERTIFICATION

Some of our Gemstones are sold with Identification and/or Origin certification provided by reputable independent third party laboratories.

  • This is usually noted in the description of the product
  • The cost of such certification is included in the price of the product

When a Gemstone hasn’t been previously certified the following terms apply:

  • BEFORE purchase, you can request a Gemstone to be certified, which will be at an additional charge.
    • If the Gemstone is certified by a reputable independent third party laboratory (such as GIA, AGL, Gubelin or Lotus Gem) as being substantially similar to the description provided by us AND you choose NOT to procced with the purchase you will be responsible for all certification charges including shipping and insurance to and from the independent third party laboratory.
  • AFTER purchase, if you obtain certification from a reputable independent third party laboratory (such as GIA, AGL, Gubelin or Lotus Gem), and
    • such certification is NOT substantially similar to the description provided by us, you have the option of returning or exchanging the Gemstone to us subject to our Returns & Exchanges Policy.
    • In addition to this and in good faith we offer to reimburse you as follows:
      • The cost of certification including shipping and insurance to and from the independent third party laboratory up to a maximum value of $250, provided
        • That the Original certificate is returned to us with the Gemstone.
        • A copy of the receipt showing the amount paid to the independent third party laboratory for certification services for the particular Gemstone is submitted to us.

MEMORANDUM OR ‘MEMO’

If you have established an account with us and we have offered to provide you goods on ‘Memorandum’ or Memo’ (subject to value limits established at our sole discretion) they are subject to the following terms:

  • The merchandise described is delivered to you on Memorandum only, at your risk of loss, or damage from all hazards, whether by theft, robbery, fire or otherwise. Title to said merchandise is and shall remain in COLOR FIRST and is held by the undersigned subject to our order, the delivery thereof being for the purpose of inspection only, and is to be returned to us on demand. It is understood and agreed by the undersigned that nothing contained in this memorandum shall be construed to be, nor has there otherwise been an extension of credit to the undersigned. The undersigned has no right to transfer the said merchandise to any other person, firm or corporation, whether on memorandum or otherwise, without the WRITTEN permission of COLOR FIRST. Items listed as matched pairs, layouts, suites, bracelet lines, box sets or other such groupings may not be split up under any circumstances. Sale of this merchandise can only be effected and title will pass only if, as, and when COLOR FIRST, the said owner, shall agree to such sale and a bill of sale rendered therefore, with terms net 10 days unless otherwise agreed. All the above is binding, regardless of prior transactions. Any invoiced item(s) returned without prior approval from a COLOR FIRST associate will be returned to the customer immediately. The customer will be held accountable for payment of said items(s).
  • Standard Memorandum terms are for a period of 10 (TEN) days. Such terms can be extended on request, at our sole discretion.

CREDIT

When you provide a third party as a trade reference

  • you are hereby expressly authorizing us to contact that third party in relation to your account with them.
  • you are hereby expressly authorizing that third party to discuss with us details about your account and their trading experience with you.

If you are a bona fide member of our industry but unable to establish credit terms we will require payment in advance. As always, we want you to be COMPLETELY SATISFIED with your purchases from Color First. We offer a straightforward Return & Exchanges Policy if an item does not work for your needs.

SHIPPING

We only ship to confirmed shipping addresses that match your physical location and/or billing address for the credit card you are using for the purchase.

Almost all items are in stock and will ship within one to three business days. If you need an order shipped out right away please note that in the comments section during Checkout and feel free to follow up by calling us. We will do our best to expedite the process wherever possible.

On rare occasions we may not be able to ship your order right away.

  • In that situation we will contact you to discuss options and you will be able to choose to wait or to cancel your order.
  • We apologize in advance for these situations and will strive to avoid this scenario as much as possible.

Our normal shipping time cutoffs are:

  • USPS 3.00pm EST Monday to Friday
  • Fedex/UPS 5.00pm EST Monday to Friday
  • Saturday delivery will involve a surcharge to be determined on request.

We reserve the right to determine final shipping method, which may be different from what you have selected at Checkout.

  • Sometimes a shipping method of your choice may not be available due to circumstances beyond our control. Occasionally there may be a change in shipping cost due to this.

Customers located outside the United States of America (USA) are responsible for any customs duties, taxes, brokerage fees and/or other charges imposed locally at their ‘Ship to” locations.

  • Please verify this with your local authorities before placing an order with us.

In the event of Returns & Exchanges, costs for shipping & insurance (from Color First to you or from you to Color First) are specifically non-refundable/non-reimbursable.

RETURNS & EXCHANGES

We want you to be COMPLETELY SATISFIED with your purchases from Color First. If you would like to return an item please refer to our policy below.

  • First, please contact us by phone or e-mail to let us know the situation and to obtain a return authorization code.
    • 30 days money back or exchange on all in-stock items, with no re-stocking fee
      • goods must be returned to us insured and in ORIGINAL condition, with no damage or alteration, at customer’s expense within 30 days of taking delivery
      • We will pay for shipping and insurance costs for exchanged items sent to customers (method and choice of shipping to be determined by Color First)
    • 15 days money back or exchange on all rough gems and crystals, with no re-stocking fee
      • goods must be returned to us insured and in ORIGINAL condition, with no damage or alteration, at customer’s expense within 15 days of taking delivery
        • We will pay for shipping and insurance costs for exchanged items sent to customers (method and choice of shipping to be determined by Color First)
    • 50% re-stocking fee on special orders which must be returned to us insured and in ORIGINAL condition, with no damage or alteration, at customer’s expense within 30 days of taking delivery
  • Determination of ORIGINAL condition is at our sole discretion. Damage or alteration includes chips, nicks or other surface damage on gems that may be caused by attempting to set a Gemstone in jewelry, poor handling, or by poor packaging during return shipment. Please be extra careful with Gems if there is a possibility you may be returning them!
  • If the item was sold with a Certificate from an independent third party laboratory the Certificate must be returned in ORIGINAL condition when the product is shipped back to us. Damaged or missing Certificates will incur a $200 replacement fee.
  • Costs for shipping & insurance (from Color First to you or from you to Color First) are specifically non-refundable/non-reimbursable
  • All sales are considered FINAL after the time periods described above.

COPYRIGHT & TRADEMARKS

This website, including all intellectual property rights in the website, belongs to and is the property of Color First.

Color First owns and retains all copyrights in the content.

  • The content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way without our express written permission.
  • You agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivative works based on the content or the website, in whole or in part, by any means without our express written permission.

Color First and the Color First logo, and other marks used by us from time to time are trademarks and the property of Color First.

You may not systematically download the data available on this website.

Color First may use and incorporate into the site any suggestions or other feedback you provide, without payment or condition.

When we publish content from third party authors the views expressed are those of the authors and do not necessarily represent the views of Color First.

THIRD PARTY LINKS

Third-party links on this website will direct you to third-party websites that are not affiliated with us.

  • We are not responsible for their content and are not liable for the materials, websites, products or services of third-party websites.
  • Please carefully review the policies of third party websites before engaging in any transaction with them. Any questions or claims regarding third-party products should be directed to the third-party involved.

LEGAL

We may update these Terms of Use from time to time by notifying you of such changes by any reasonable means, including by posting a revised Terms of Use notice on this website.

  • By continuing to use or access this website after we post any changes, you accept the updated Terms of Use.

The “Last Updated” legend above indicates when these Terms of Use were last changed.

The Terms of Use and all rights and obligations hereunder will be governed by and construed in accordance with the laws of the State of Florida, United States of America (USA), without regard to conflicts of laws principles, and the exclusive venue for any dispute arising out of use of this Website shall be a court of competent jurisdiction in the State of Florida, located in Hillsborough County.

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