Terms of Service

Information about us.

The service is operated by German company GE FAM GmbH, whose principal place of business is at Rostocker strasse 33, 18069, Lambrehtshagen, Germany, (“TheDiamonds”) ( “We” or “Us”). GE FAM GmbH is the company in charge of the performance of the InfiniteDiamond® growing services as well as the sale of the Services to you.

1. Use of the Website. Acceptance of Terms of Service

1.1. The following General Terms and Conditions apply to all orders on our Website
https://the.diamonds by consumers within the meaning of § 13 BGB (German Civil Code). Orders of commercial resellers are excluded.

1.2. Please read these terms carefully before you submit your order to us on our Website. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if a dispute arise between us and other important information.

1.3. In order to purchase the InfiniteDiamond® growing services, you shall access TheDiamonds’ website at https://the.diamonds (“Website”).

1.4. Your use of TheDiamonds' services (excluding any Services provided by TheDiamonds under a separate agreement) is subject to the terms of the contract between you and TheDiamonds set forth in these Terms of Service ("TOS"). In order to use the services, you must first agree to these Terms of service. You shall accept these Terms of service each time you purchase the services.

1.5. You may not use the services if you do not accept these Terms of service. You can accept these Terms of service by clicking to accept or agree to the TOS, where this option is made available to you by TheDiamonds on our Web page. In this case, you acknowledge and agree that TheDiamonds will treat your use of the services as acceptance of these Terms of service from that point onwards.

1.6. These Terms of service shall be applicable to all orders accepted by TheDiamonds. A contract subject to these Terms of service shall arise as a consequence of the TheDiamonds’ acceptance of a contract. A contract notified to the TheDiamonds shall be accepted pursuant to the TheDiamonds’s written acceptance of the contract via e–mail.

1.7. We may revise and update these Terms of Service and post the updated Terms of Service on the Site. We will make any new terms available to you through or in connection with the affected Services. All changes are effective immediately when we post them on our web page, and they apply to all use of our Services from that point onward. If you use the Services after we post revised Terms of Service, you acknowledge and agree to the revised Terms of Service. The version available online of these Terms of service shall be seen as the most recent version.

1.8. TheDiamonds provides the services globally. You may be not allowed to receive the services under the laws of the jurisdiction in which you are resident or from which you use the services. If you order the services, you do so on your own initiative. If you do so, you will be responsible for compliance with local laws. You may not purchase the service if you are not of legal age to form a binding contract with TheDiamonds.

2.Description of the Services

2.1. Definitions.

2.1.1. Carbon - is a chemical element with the symbol C and atomic number 6. It is nonmetallic and tetravalent — making four electrons available to form covalent chemical bonds. It belongs to group 14 of the periodic table. This non-metal also has the interesting chemical property of being able to bond with itself and a wide variety of other elements, forming nearly ten million known compounds. Carbon is a unique element for many reasons. Its different forms include the hardest naturally occurring substance (diamond) and one of the softest substances (graphite) known. Carbon is the 15th most abundant element on Earth and the 4th most abundant element the universe by mass after hydrogen, helium, and oxygen. Carbon's abundance, its unique diversity of organic compounds, and its unusual ability to form polymers at the temperatures commonly encountered on Earth enables this element to serve as a common element of all known life-carbon occurs in all organic life and is the basis of organic chemistry. It is the second most abundant element in the human body by mass (about 18.5%) after oxygen.

2.1.2. Personal carbon sample - any organic sample material containing carbon which you provide to us for creation of your InfiniteDiamond®. In principle graphite can be extracted from any biomaterial, be it flowers or even a lock of hair, and for those looking for a more particular significance of the source – cremation ashes are also a valid source, and thus can serve as a source in order to form a crystal structure of a diamond. Obtaining of graphite from organic materials at EcoDiamond is carried under one roof to ensure not only vast quality control, but also reduces the overall production time of the diamond, as well as allowing the customization of the experience from the very beginning to each customer.

2.1.3. Carbon content testing - The determination of the carbon content in organic samples using visible-near-infrared reflectance spectroscopy, which can quickly predict carbon content (%) in your personal carbon sample. Such carbon content testing is performed by the independent laboratory not at the TheDiamonds premises.

2.1.4. Graphite is a crystalline form of the element carbon with its atoms arranged in a hexagonal structure. It occurs naturally in this form and is the most stable form of carbon under standard conditions. Under high pressures and temperatures we can convert it to diamond.

2.1.5. Infinite Graphite™ technology - the technology owned and used by TheDiamonds in order to extract carbon from the personal carbon sample you provide to us, as well as transform the extracted carbon into one of its allotrope form - graphite. Personal carbon sample material processing can vary depending on the sample type and specifics, but the main steps include: Mechanical treatment of the carbon sample material, Thermal treatment, Purification of carbon, Graphitization.

2.1.6. InfiniteDiamond® technology - the High pressure and High temperature technology owned and used by TheDiamond in order to grow your InfiniteDiamond® as a material for it using graphite obtained from your personal carbon sample material with Infinite Graphite™ technology.

2.1.7. Diamond is a well-known allotrope of carbon. The hardness and high dispersion of light of diamond make it useful for both industrial applications and jewelry. Diamond is the hardest known natural mineral. No known naturally occurring substance can cut (or even scratch) a diamond, except another diamond.

2.1.8. Memorial diamond that is produced in a controlled technological process. In July 2018, the United States Federal Trade Commission (FTC) amended the definition of polished diamonds removing from it the word “natural”: "Technological advances have made it possible to create diamonds in a laboratory. These stones have essentially the same optical, physical and chemical properties as mined diamonds. Thus, they are diamonds. Prior to the FTC decision, the origin of diamond was such a parameter - only what was mined from the bowels of the earth was considered real diamond.

2.1.9. Memorial diamond is defined as lab-grown diamond crystal grown from high purity crystalline bio-graphite extracted from natural sourced materials such as by example cremation ashes (human or animals remains), human hair, animal fur, flowers, plants & herbs and etc.

2.1.10. InfiniteDiamond® is the trademark of memorial diamonds created by GE FAM GmbH.

2.1.11. The® is the trademark of InfiniteDiamond® creation services created and provided by TheDiamonds.

2.1.12. The InfiniteDiamond® creation services include the following features and functions related to InfiniteDiamond® creation process:

Pre-growing InfiniteDiamond® processing - TheDiamonds can extract carbon from your personal carbon sample you provide to us and transform it into graphite necessary for creation of your InfiniteDiamond®. It can be done exploiting Infinite Graphite™ technology, created and owned by TheDiamonds.

The InfiniteDiamond® growing process – TheDiamonds can naturally grow colorless, blue and yellow diamonds using graphite obtained from your personal carbon sample. It can be done exploiting Infinite diamond growing technology, created and owned by TheDiamonds.

Post–growing InfiniteDiamond® processing: If you choose so TheDiamonds can treat your diamond color and make them black, red, pink or green using irradiation treatment, as well as pre-shape and pre-cut your diamond, make a final polishing or set it into custom made jewelry setting. While most of these services are provided directly by TheDiamonds, the third parties with which TheDiamonds is partnering (“Partners”) - by example Muller & Sons BV (Belgium) provides a final polishing of your InfiniteDiamond®.

2.1.13. TheDiamonds software platform. In order to maintain a full InfiniteDiamond® creation process transparency TheDiamonds hosts a software platform (TheDiamonds Platform”) where you may get acquainted with every single step of your personal InfiniteDiamond® creation process and follow it online via your Private Space Order Tracking page on this platform.

Please note that you must have internet access to view the processes on our interactive website. Some items have downloadable components, but many are designed solely for online interaction. Results will not be mailed, they are intended to be viewed via your Private space on our web page.

Please note that you have the right to visit our laboratory to track the creation of your unique Infinite diamond at any time starting from the day we start the growing of your InfiniteDiamond®.

2.1.14. the® infinite private space. As a part of the client journey, TheDiamonds provides you with access to TheDiamonds order tracking page via the unique QR-code (in case of mobile access) or the unique link (in case of desktop access) to the interface we call the Infinite Private Space. Such an Infinite private Space is accessed by the link and is a place you can follow every step of the Infinite diamond creation process. Your Infinite private space allows you to follow every step of the whole process of creation of your InfiniteDiamond®.

2.1.14. the® Infinity Capsule is our Starter kit box. Every the® Infinity Capsule contains:

• the® Vessel: a container for delivering a personal carbon sample material to us.
• the® Passport: a brochure in an envelope with the information to read and fields to fill in.

3. Ordering of our services

3.1. Please read and carefully check your order at each stage of the order process. You can order your InfiniteDiamond® by selecting the size (ct), color and shape (cut) of your desired InfiniteDiamond® to suit your own requirements.

3.2. When you order our services, we do require your personal information in order to fulfill our obligations toward you. For to submit your order, you must fill a form and provide certain information that we request. This information includes:

• your name, surname
• your date of birth
• your e-mail address
• your billing and mailing address and phone number
• your credit card or other requested billing information

3.3. Your name and surname, your date of birth will be used in order to identify you as our customer. Your email address will be used to send to you the information according to these TOS. Your mailing address will be used to send to you the® Infinity Capsule and your InfiniteDiamond®. We require your credit or debit card details in order to process payments relating to your order of the® Infinity Capsule and the InfiniteDiamond® creation services. By ordering the Services, you represent and warrant that the information you provide to us is accurate, current and complete.

3.4. By submitting an order through our TheDiamonds’ Website, you agree to acknowledge and represent as follows:

3.4.1. You represent that you are an individual and your use or purchase is for your personal domestic purposes. You represent that you are eighteen (18) years old or more;

3.4.2. You confirm and declare that providing a personal carbon sample to TheDiamonds is not subject to any restriction in the country in which you reside and that your carbon sample and data may be transferred and/or processed outside the country in which you reside;

3.4.3. You agree to provide true, accurate, current, and complete Information about yourself as prompted by the Service; and maintain and promptly update the Information to keep it true, accurate, current, and complete. You understand that all your Personal Information will be stored in TheDiamonds databases and will be processed in accordance with TheDiamonds Privacy Policy.

3.4.4. You confirm that the payment details provided on your order are valid and correct.

3.4.5. You give permission to TheDiamonds to perform Infinite Diamond growing services using graphite extracted from your personal carbon material sample.

3.4.6. You ensure and hereby warrant that the personal carbon sample shall constitute no danger to the property and any other legal interests of TheDiamonds and to their employees and other agents – either on the factory premises of TheDiamonds or during shipment, in the laboratory or on any other premises belonging to TheDiamonds.

3.4.7. You agree that in case of breach of any one of these representations TheDiamonds has the right to refuse to provide any and all services (or any portion thereof) and you shall indemnify and hold TheDiamonds harmless against any liability, costs, or damages arising out of the breach of the representation.

3.5. All orders are subject to acceptance by TheDiamonds. Our acceptance of your order for Infinite Diamond creations services will take place when we send you a confirmation letter attesting you that we have dispatched your the® Infinity Capsule. This is the point at which a contract for infinite diamond creations services will come into existence between you and us. If we are unable to accept your order, we will inform you of this and will not charge you for the service which you have ordered.

3.6. Where we supply the® Infinity Capsule (s), we will assign an order number to your order. It will help us if you can tell us the order number whenever you contact us about your order.

3.7. the® Infinity Capsule will be dispatched to the mailing address notified to us by you within 10 Business Days from the Ordering Date. Once dispatched, delivery of the® Infinity Capsule will be subject to standard delivery timeframes, which may vary. You must make sure that the mailing address you have provided us is correct and up to date. Except to the extent otherwise required by law, TheDiamonds will not be liable to you for any loss, damage, cost, or expense from your Mailing Address being incomplete or inaccurate or any delay in delivery.

3.8. Upon delivery of the® Infinity Capsule to your mailing address, you may be required to sign a proof of delivery and if you are not available to take delivery at the Mailing Address, the® Infinity Capsule will be taken to a local depot (post office) and delivery information will be left to enable You to collect the® Infinity Capsule from such location. If the® Infinity Capsule is returned to TheDiamonds due to non-collection, we will contact you to arrange re-delivery of the® Infinity Capsule to your Mailing Address.

3.9. The Risk in each the® Infinity Capsule passes to you on the date and at the time of delivery of the® Infinity Capsule to the Mailing Address or, if applicable, upon collection by you at your local depot or post office. Title in each the® Infinity Capsule passes to you upon payment of the the® Infinity Capsule in full.

3.10. Remember - TheDiamonds will be able to perform the requested Service only after you provide to us the® Vessel with your personal carbon sample inside.

3.11. You must put your desired personal carbon sample in the Vessel which constitutes the part of your the® Infinity Capsule. For the detailed guidelines please see the instructions inside of the® Infinity Capsule. You shall be responsible for the due and proper delivery of personal carbon sample which are being provided for the purposes of production of your Infinite Diamond. If and to the extent that nothing is agreed to the contrary in writing, TheDiamonds shall have no liability in the event that a sample is lost or damaged during shipment.

3.12. In the event that you change your contact details after the purchase of the services, it will be your sole responsibility to inform TheDiamonds of such changes, so that TheDiamonds can contact you about your order if necessary.

4. Rights of withdrawal. Refund policy

4.1. Considering that internet purchases do not enable you to inspect the desired services and products as closely as you would at a regular store, in the case of off-premises contracts and of distance contracts you as a customer have the right to withdraw from infinite diamond service contract without giving any reason pursuant to section 355 of German Civil Code. We understand sometimes people change their mind. If you decide to withdraw from the contract, please contact us immediately. You may request a refund within 14 days after receiving the® Infinity Capsule. If you withdraw from the contract, we shall reimburse to you all payments received from you. We will carry out such refund using the same means of payment as you used for the initial transaction. This refund will deduct shipping and handling fees. Your task is to send the ordered the® Infinity Capsule back to TheDiamonds. You can request a refund by calling Customer Care at +49 38208 43 4919 (EU); +1 877 365 7288 (USA) and +61 426 724 745 (Australia) or writing to info@the.diamonds and providing your order confirmation number.

4.2. We may withhold refund relating to the costs of the® Infinity Capsule until we have received the® Infinity Capsule back. To meet the withdrawal deadline, it is sufficient if you send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

4.3. If you ordered our services through one of our partners, you should contact the partner to enquire about refunds. We only pay refunds where an order is placed directly through us.

4.4. Please note that According to Section 312g of German Civil Code : “the right of withdrawal shall not exist for the contracts for the supply of goods that are not pre-fabricated and the production of which is governed by an individual choice of or decision by the consumer, or that are clearly tailored to personal needs of the consumer”. The nature of the Infinite diamond growing services is to be considered as a “customized” service for you, merely due to exclusive use of your provided personal carbon sample in the creation process of your infinite diamond, so you will not be able to withdraw from this order (agreement) once TheDiamonds has received the® Vessel filed with personal carbon material provided by you.

5. Reaching your Infinite Private Space

5.1. You can reach your Infinite Private space by using your smart phone in order to scan the QR-code you can find inside your Diamond passport which forms a part of your Infinity Capsule or go to https://the.diamonds and enter the code, located under the QR. Once one of the above is done, you will be redirected to the main page of your Infinite Private Space. If you have purchased The Infinity Capsule from our website, you will receive an email from us containing a link to your Infinite Private Space once the purchase is fully completed.

5.2. Although there would be no materials containing your personal information exposed in your Infinite private space, you must treat your access to your Infinite Private Space confidential. You agree not to let someone else access to your Infinite Private Space using your QR code or link to your Infinite Private Space or other security information. You agree to let us know immediately of any unauthorized Infinite Private Space access or any other breach of security. You also agree to ensure that you log out securely from your Infinite Private Space at the end of each session. TheDiamonds cannot and will not be liable for any loss or damage that results from your failure to comply with these obligations. You authorize TheDiamonds to authenticate your identity when accessing the Services. This may include asking you for information that will allow TheDiamonds to reasonably verify your identity. If we believe that you have violated these Terms of Service, we have the right at any time to disable or terminate access to your Infinite Private Space.

6. Purchase of the® Infinity Capsule without ordering the Infinite diamond growing services.

6.1. You can purchase just the® Infinity Capsule without ordering the infinite diamond growing services. (by example in order to make it as a gift for someone).

6.2. You can purchase the® Infinity Capsule either on our Website by filling in and submitting the online purchase form, or from one of our resellers. You acknowledge that by placing a purchase order at the Website you will be under an obligation to pay for the the® Infinity Capsule. Your order becomes binding when we provide your confirmation email. Whether you have purchased the® Infinity Capsule from one of our resellers or on our Website, to order our Infinite diamond creation services, you will need to fill an Infinite diamond creation service order in our web page. Where we supply the® Infinity Capsule (s), we will assign an order number to your order. It will help us if you can tell us the order number whenever you contact us about your order.

6.3. After you order the® Infinity Capsule, our Customer Care specialist will contact you to instruct on the further actions and tell you more about the product to choose your perfect jewel. Please make sure you have submitted the correct contact details, so we are able to reach you.

6.4. the® Infinity Capsule delivery process and rights of withdrawal are similar to those described in sections 3 and 4 of these TOS.

6.5. Remember - TheDiamonds will be able to perform the requested Service only after you provide to us the® Vessel with your personal carbon sample inside and register the® Infinity Capsule ID with us. After you have registered Your the® Infinity Capsule with us and made a choice of your desired infinite diamond via our web page, your final step should be sending your the® Vessel to TheDiamonds.

6.6. This contract of the® Infinity Capsule delivery ends when we deliver the® Infinity Capsule to the address you supply. In that case a contract of Infinite diamond creation service between you and TheDiamonds will be formed only after you register theDiamonds Starter Kit QR found within the® Infinity Capsule on our Website and make an order identifying the final specification of your desired “Infinite diamond” and we have confirmed to you that we have accepted your order by email. We will confirm receipt of your order without undue delay. The contract between us means that TheDiamonds is commissioned to start immediately performing your required Services, when we receive the® Vessel with your personal carbon sample.

7. Gift Cards.

7.1. TheDiamonds offers gift cards that can be electronically added to (joined with) your purchased the® Infinite Capsule (Starter kit) and redeemed through the TheDiamonds Website. In order to purchase or redeem a gift cards, you will need to register an account with us through our Website; purchasing or redeeming gift cards constitutes acceptance of these TOS. Unless expressly stated otherwise, gift cards will be provided by TheDiamonds in electronic form only. Gift card ordered through our website will be delivered automatically by electronic means to the email address you specify at the time of order. Our Gift card includes unique numbers and configurable patterns. The balance of a gift card can be reviewed by you or holder of the gift card by entering the respective gift card code into the form that is provided by TheDiamonds for this purpose on the website or using the QR code printed on the the® passport you can find inside your the® Infinity Capsule. Just scan this QR code by your smart phone using a free code reader application to access your balance.

7.2. Our gift cards must only be redeemed on our Website as full or part payment of Infinite diamond services from our Website and may not be redeemed towards previous purchases and cannot be used to purchase a further gift card. Every purchase made with a gift card (plus any applicable shipping/handling fees, taxes, and other fees that may apply) is deducted from the gift card balance and any unused gift card balance will remain on the gift card account. If any purchase exceeds the gift card account, the balance must be paid with a credit card or any other payment method accepted by TheDiamonds.

7.3. Gift cards have no expiration date and TheDiamonds charges no fee in connection with the purchase (except for the selected purchase price of the gift card) or redemption of gift cards. Gift cards cannot be exchanged for cash.

8. Processing of your personal carbon sample.

8.1. Contracts shall be performed by TheDiamonds in the best possible conditions in accordance with the current state of the art of infinite diamond growing technology in use by TheDiamonds at the time of the processing. As research progresses and scientific knowledge and technology evolve, TheDiamonds is constantly innovating in order to provide the best possible experience for you. The InfiniteDiamond® creation process shall be provided with a commercially reasonable degree of care. However, TheDiamonds cannot warrant that every infinite diamond creation process shall in all cases be successful as each InfiniteDiamond® product shall relate exclusively to the personal carbon sample provided by you. So you must understand that our processing possibilities are limited by the quantity and quality of personal carbon sample material you provide to us. TheDiamonds shall have no liability should it emerge that the personal carbon sample material is insufficient or inappropriate to make your InfiniteDiamond®.

8.2. In case the provided personal carbon sample is anything except the cremation ashes, the order of independent testing is optional but highly recommended. If you are not sure about the carbon presence in your personal carbon sample material you want to use in your InfiniteDiamond® creation process, you can rather contact us or choose the option - carbon content testing. It will bring additional cost approximately EUR 150 to your order, is performed by the independent laboratory not at the TheDiamonds premises, but at the same time it will preserve you from covering the costs of graphitization if the carbon content of your personal carbon sample will not be sufficient for the purpose of carrying out the Infinite diamond creation process.

8.3. In case the cremation ashes are your provided personal carbon sample material, our methodology requires confirmation of the carbon contents prior to any further sample processing. This step is necessary to certify samples of the ashes for its carbon content and therefore suitability of our technological process. This certification costs approximately EUR 150, is mandatory for this type of material (cremation ashes) and is performed by the independent laboratory not at the EcoDiamond premises. In fact, such testing will clear all you doubts that your InfiniteDiamond® might be not created of your provided material.

8.4. In the event that the result of the Carbon content testing reveals that production of Infinite diamond will not be possible or you have not chosen to make carbon content testing but the result of the graphitization process using Infinite Graphite technology reveals that your personal carbon sample does not contain enough carbon for production of Infinite diamond and the further processing is not impossible – you will have a choice to either receive a refund of the amount paid for the Service (In such a case you shall bear the costs which TheDiamonds has incurred until such point in time.) or provide us with another personal carbon sample. In that case we will try for a second time to extract sufficient carbon to carry out your Infinite diamond creation process. However, if it is not successful TheDiamonds shall be entitled to withdraw from the contract or to suspend the performance of the contract. In such a case you also shall bear the costs which TheDiamonds has incurred until such point in time.

8.5. If the graphitization process is successful, the diamond growing process can be started. You must always remember that the soul of Infinite diamond creation process lies within the carbon source you provide to us. The process of growing an Infinite diamond will be done using High temperature and high-pressure method and the core element of this cycle is based on the re-crystallization of carbon source. Carbon atoms from one form are rearranged into a different order thus creating one of the most magnificent material on the planet - diamond. Your InfiniteDiamond®.

9. Prices and payment terms

9.1. The price of the Services will be the price indicated on our website when you placed your order (concluded the contract). The price may change from time to time, but changes will not affect any order TheDiamonds have already accepted. Taxes shall be calculated on the basis of the rates applicable on the date of the issue of the invoice.

9.2. TheDiamonds delivers “FCA” (Free Carrier; Incoterms 2000) to your domicile. Delivery costs are included in the price of the Infinite diamond. It means that TheDiamonds will deliver your Infinite diamond to a named place for transfer to a carrier (an airport, shipping terminal, warehouse or other location where the carrier operates). TheDiamonds assumes the risk of loss until the carrier receives your infinite diamonds. At this point, you shall assume all further responsibility.

9.3. All Contract Prices are exclusive of all sales, use and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any governmental authority on any amounts payable by you.

9.4. For consumers in EU orders are subject to the consumer prices shown in the web page plus the applicable rate of VAT.

9.5. If customers ordering from an EU country present a VAT ID, the services are provided at the applicable net final price, i.e. the gross final price less the applicable German value-added tax.

9.6. If customers place an order from non-EU countries, the specified prices are net prices, i.e. without the applicable German value-added tax. If you order Services from our site which require delivery to international delivery destination, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Customers from non-EU countries are responsible for all the nationally applicable taxes and other local fees (such as customs duties) arising in connection with their ordered infinite diamond. Please note that we have no control over these charges and we cannot predict their amount. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order. You must comply with all applicable laws and regulations of the country for which the Services are destined. We will not be liable or responsible if you break any such law.

9.7. Payments shall be made by way of a bank transfer or by direct debit. Other means of payment shall require the prior consent of TheDiamonds. You shall be obliged to provide the required bank account details to TheDiamonds.

10. Rights of title in the samples; storage of Personal carbon samples

10.1 All Personal carbon samples shall be the property of TheDiamonds to the extent that that this is necessary in order to perform the contract. TheDiamonds shall take commercially reasonable measures in accordance with standard industrial practices to store the personal carbon samples.

10.2 TheDiamonds shall be entitled to dispose of or destroy your personal carbon samples or any created derivative material (graphite) immediately upon the completion of your infinite diamond, unless return has been agreed when ordering the service. In the event that you have requested the return of unused personal carbon sample material or derivative graphite material, TheDiamonds shall return such sample materials at your expense and risk.

11. Delivery dates, completion periods

11.1. Delivery dates and Infinite diamonds completion periods will be specified on the Website and it may change from time to time. Our promise to you is that creation of your Infinite diamond will take just a maximum of 45 days. TheDiamonds shall nonetheless be required to use its commercially reasonable endeavors to comply with the estimated completion periods. We reserve the right to make slight deviations from it.

11.2 Where Infinite diamond products are required to be shipped the choice of Transport Company and means of transport shall be up to TheDiamonds. The risk shall be transferred to you with shipment. Where shipment or delivery is delayed for reasons which are your responsibility, risk shall be transferred by notice of shipment or readiness for transfer respectively. The costs arising from the same (in particular storage costs) shall be for your account. TheDiamonds shall not be obliged to insure or have anyone else insure the shipment against damage during transport.

11.3. Where Infinite diamond is a subject to export control provisions (in particular licenses, permits and approvals), TheDiamonds shall ensure these are complied with. You must observe the provisions regarding the import of the Infinite diamond into your country or a third country. TheDiamonds cannot guarantee they will be granted.

12. Transfer of title and other rights.

12.1. The rights of title and any other rights in the Infinite diamonds product held by TheDiamonds in the context of the infinite diamond growing services provided to you shall be retained by the TheDiamonds until such time as all invoices relating to such services have been paid in full by you. The Infinite diamonds product delivered to you shall remain the property of TheDiamonds until all our claims against you arising from the services provided are met, in particular that you have paid for services in full. Should you be in arrears with the settlement of any sums which are payable to TheDiamonds, TheDiamonds shall be entitled to suspend the performance of the contract and any other work being carried out on behalf of you.

13. Acceptance of your Infinite diamond

13.1. TheDiamonds guarantee that your infinite diamond will be of the ordered size, color and cut. However, due to the usage of your personal carbon sample material in the creation process of your infinite diamond, technological complicity of the HPHT infinite diamond growing process, the limited number of possible infinite diamond growing attempts (due to limited resources of graphite obtained from your sample material), TheDiamonds cannot guarantee that the clarity of your infinite diamond will be exactly the highest one. Instead, we guarantee that your infinite diamond will be fully eye-clean.

13.2. There isn’t a specific clarity grade that characterizes an eye-clean diamond. According to GIA diamonds that are considered Flawless (FL), Internally Flawless (IF), Very, Very Slightly Included (VVS1 and VVS2) and Very Slightly Included (VS1 and VS2) are considered eye clean. On the other hand, Slightly Included (SI1 and SI2) diamonds may or may not be eye clean. Included (I1, I2 and I3) diamonds are considered non-eye clean. Eye-clean is an “unofficial” term which is used to describe a diamond when its inclusions can not be seen with the naked eye.

13.3. We guarantee that your infinite diamond will be eye-clean and as such it will not have any imperfections that would be visible to the naked eye. Under magnification, it may have some imperfections, but not when you look at it by yourself. But we can ensure you absolutely - with eye-clean infinite diamond, it should not bother you what inclusions and blemishes you can see under magnification. You or everyone else will not be looking at your infinite diamond through a jeweler’s loupe. At the end your goal is to have an infinite diamond that sparkles beautifully and at the same time is made using your provided personal carbon sample material.

13.4. You always can be sure that of course we will try to make the best possible option of your InfiniteDiamond®.

13.5. You agree that your infinite diamond shall be deemed to have been accepted in the event that you notify nothing to the contrary within the period of 14 (fourteen) days from the date of receipt of your infinite diamond. In each case you are obliged to verify the quality of the “infinite diamond” with a reasonable degree of care. Should it be apparent that your InfiniteDiamond® is not compliant to your ordered color, size or is not to be considered as “eye-clean”, you shall be obliged to contact TheDiamonds immediately and to inform it of such fact.

13.6. Complaints in relation to infinite diamond growing result may only be notified subject to the rules set out in section 13.5. In each case where the non-compliance of your infinite diamond is not established, you shall bear the costs of such InfiniteDiamond® compliance test.

14. Intellectual Property.

14.1. The® is a registered trademark of TheDiamonds. You must not use trademarks without the prior written permission of TheDiamonds. All other names, logos, product and service names, designs and slogans on the Website are the trademarks of their respective owners.

14.2. Our website (including but not limited to all information, software, code, algorithms, database, text, displays, images, video and audio, and the design, selection and arrangement) thereof are owned by TheDiamonds and are protected by EU and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. TheDiamonds grants you a limited license to copy and distribute, for non-commercial purposes, any of the content on the Site, provided that you distribute such content (i) as it appears on the Site without any modification, (ii) in a way that is fair and legal and does not misrepresent the substance of the content, Site or Services; and (iii) with the following attribution “© 2020 TheDiamonds. All rights reserved.” Except as permitted by this limited license, you must not reproduce, copy, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, sell, resell, exploit, transfer, or transmit for any commercial purpose any of the content on the Site.

14.3. the® Infinite Capsule and InfiniteDiamond® gift cards can be purchased as gifts for others. the® Infinite Capsule may not otherwise be resold, distributed, transferred or used for any purpose other than for purpose of using our services. Except for your rights to InfiniteDiamond® creation service you purchase, no other right, title or interest in or to the Services or any content on the Services is transferred to you. TheDiamonds reserves all rights not expressly granted. If you provide TheDiamonds with any suggestions, recommendations or other feedback regarding the Services, you agree that TheDiamonds may freely use and exploit such Feedback in any way and for any purpose. Any use of the Services not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.

14.4. You shall be the owner of (i) your provided materials, (ii) any derivates or modifications of your Personal carbon sample materials (actually InfiniteDiamond®) generated by TheDiamonds.

14.5. All Intellectual Property Rights in the Services, including but not limited to: (i) the technology, (ii) laboratory know-how, (iii) or any improvements or modification thereof, shall be owned by the TheDiamonds.

15. Prohibited conduct

15.1. You may use the Services only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Services in any way that violates any applicable law or regulation.

16. Indemnification

16.1. You must furthermore undertake to indemnify TheDiamonds and their personnel or other agents in respect of any loss, costs and other damage suffered or incurred by them due to the fact that a personal carbon sample is hazardous. In the event of any wrongful breach of these obligations you as a customer shall be liable for any costs, damage and any other prejudice which are incurred or suffered by TheDiamonds or their personnel or other agents as a result thereof; this shall be the case irrespective of whether such damage is suffered during shipment, in the laboratory or on any other premises belonging to TheDiamonds. Such liability shall also include a corresponding obligation to indemnify TheDiamonds in the event of any proceedings being instigated against them by third parties.

17. Termination

17.1. TheDiamonds may at any time end this contract by writing to you if:

17.1.1. You have acted in a manner which shows that you do not intend to, are unable to comply with, or you have breached any of the provisions of these terms of service;

17.1.2. You do not make any payment to us when it is due and you still do not make payment within fourteen (14) days of us reminding you that payment is due;

17.1.3. You do not provide the® Vessel with your personal carbon sample material to us within the 45 days of having ordered the infinite diamond creation services (registered with us).

17.1.4. In the event that the result of the Carbon content testing reveals that production of infinite diamond is impossible and you do not agree provide another sample of your personal carbon;

17.1.5. In the event that the carbon extraction from your personal carbon sample material has failed and you do not agree provide another sample of your personal carbon;

17.1.6. Is required to do so by law (for example, unlawfulness of the provision of the Services provided to you);

18. Responsibility

18.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms of service, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill in providing our services. TheDiamonds shall not be liable to pay any compensation in respect of any delays, errors, damage or other problems which are caused by events or circumstances which were unforeseeable by TheDiamonds or which are beyond our control or which result from compliance with official orders, legislation or regulations. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time that we accepted your order, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

18.2. Where we are affected by significant disadvantages as a result of performance interruptions or delay which are not our responsibility, in particular difficulties in meeting deadlines, TheDiamonds shall be entitled wholly or partially to rescind the contract in respect of the element not yet performed. Where the impediment lasts longer than 6 weeks you shall be entitled, following the unsuccessful expiry of a reasonable additional time limit, to rescind the element of the contract not yet performed. TheDiamonds undertakes in such case to inform you without delay of the interruption in performance or delay and shall, following your rescission of the contract, compensate you without delay for the counter-performance already rendered.

19. Privacy Policy

19.1. In order to use the services, you must first acknowledge and agree to our Privacy Policy at: https://the.diamonds/privacy-policy. You may not use the services if you do not accept our Privacy Policy. You can acknowledge and agree to the Privacy Policy by (1) clicking to accept or agree to the Privacy Policy, where this option is made available to you by TheDiamonds.

20. Miscellaneous provisions

20.1 These terms of service shall be amended in writing from time to time by TheDiamonds. In each case the version of these terms of service in force on the date of the acceptance of the offer shall be the version applicable to the resulting contract.

20.2. No waiver of these Terms of service by TheDiamonds shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Any failure of TheDiamonds to assert a right or provision under these Terms of service shall not constitute a waiver of such right or provision nor shall it result in the forfeiture of such rights. If any provision of these Terms of service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of service will continue in full force and effect.

21. Dispute Resolution for Consumers. Place of Jurisdiction. Applicable Law

21.1. We always strive to maintain a good understanding with our customers. If a dispute arises between you and TheDiamonds, you agree to first contact TheDiamond’s Customer Service to seek a resolution. If our Customer Service Team is not able to resolve the issue, such dispute will be resolved through the court.

21.2. Any disputes with TheDiamonds arising out of or relating to the contract shall be governed by German law regardless of your country of origin or where you access TheDiamonds. The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply. The exclusive place of jurisdiction shall be Rostock, Germany.

21.3. If you are a consumer and have your habitual residence in the European Union, you may benefit from the additional protection provided by the mandatory rules of your country of residence, which means that you may bring a claim to enforce your consumer protection rights in connection with these Terms of service in the country in which you live. Still, if you reside in the EU, the European Commission provides for an online dispute resolution platform, which you can access here: https://ec.europa.eu/consumers/odr. Consumers can use this platform for resolving disputes.

21.4. Irrespective of this choice of law, you as a consumer shall always be subject to the mandatory consumer protection law of the country in which you have your usual place of residence at the time the contract is concluded.

22. Entire contract

22.1. These Terms of service and our Privacy Policy constitute the sole and entire contract between you and TheDiamonds with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Services.

If you have any feedback, comments, requests for support, or other communications about the services, you should contact.

Your TheDiamonds