Terms of service
Terms of Service
Last updated: June 8, 2026
These Terms of Service ("Terms") govern your access to and use of the website located at www.maikurumotogems.com (the "Site") and the purchase of products and services offered through it. The Site is operated by Maikurumoto Gems, owned by Michael Phillips, Sturbridge, Massachusetts, USA ("we," "us," or "our").
Please read these Terms carefully. By accessing the Site or placing an order, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, do not use the Site or place an order.
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1. Eligibility
By using this Site, you represent that you are at least 18 years of age and have the legal capacity to enter into a binding agreement. If you are placing an order on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms.
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2. Products
Inventory stones
We offer precision-cut loose gemstones available for direct purchase through our online store. Each stone is one of a kind — once sold, it cannot be reproduced or replaced with an identical piece. Product listings include photographs, written descriptions, and available specifications. Please review all listing information carefully before purchasing, as stones may appear slightly different on screen depending on your monitor settings. See our Legal Notice for full details on gemstone descriptions and accuracy.
Custom and commissioned work
We accept custom commissions for precision-cut gemstones designed and faceted to a client's specifications. Custom work is subject to additional terms set out in Section 5 below.
Availability
All products are subject to availability. We reserve the right to limit quantities or discontinue any product at any time without notice.
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3. Pricing and Payment
All prices are listed in US dollars and are subject to change without notice. We reserve the right to correct pricing errors at any time; if a pricing error is identified after you have placed an order, we will contact you before proceeding.
Payment is due in full at the time of purchase for inventory stones. For custom commissions, a 50% non-refundable deposit is required before any design or cutting work begins; the remaining balance is due upon completion, before the finished piece ships.
We accept the payment methods displayed at checkout. By submitting payment, you represent that you are authorized to use the payment method provided and that the information you submit is accurate.
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4. Orders and Acceptance
Placing an order constitutes an offer to purchase. We reserve the right to accept or decline any order for any reason, including but not limited to product unavailability, suspected fraud, or errors in pricing or product description. If we decline an order after payment has been received, we will issue a full refund promptly.
You will receive an order confirmation by email once your order is accepted. It is your responsibility to provide an accurate email address and to ensure that confirmation emails are not filtered as spam.
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5. Custom Commissions
Custom commissions are agreements to design and cut a gemstone to agreed-upon specifications. The following terms apply to all commissioned work:
Deposit and commencement
A 50% non-refundable deposit is required to begin any commission. This deposit funds the design work, material costs, and cutting commitment that begin immediately upon payment. The deposit is non-refundable in all circumstances once work has commenced.
Design approval
Before cutting begins, we will provide the client with a design plan for review and approval, which may include CAD renderings, material selection, and agreed faceting specifications. The client must provide written approval of the final design plan before any cutting takes place. Once the client has approved the design in writing and cutting has begun, the commission is final — no changes to the design can be accommodated, and the terms of Section 6 (Returns and Refunds) apply.
Completion and delivery
Estimated completion timelines are provided in good faith and are not guaranteed. Custom gem cutting is a skilled, time-intensive craft, and timelines may vary depending on the complexity of the design, material characteristics, and current workload. We will keep you informed of progress and notify you promptly if a significant delay is anticipated.
Final balance
The remaining 50% balance is due upon completion and before the finished piece is shipped. We will notify you when the stone is complete and provide photographs for your review prior to shipment.
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6. Returns and Refunds
Returns and refunds are governed by our Return & Refund Policy, which is incorporated into these Terms by reference. Please review that policy carefully before purchasing.
In summary:
- Inventory stones are eligible for return within 7 calendar days of delivery, for any reason, provided the stone is returned in its exact original condition and the customer pays return shipping.
- Custom commissioned work is final sale once cutting has begun, subject to narrow exceptions for spec mismatch or shipping damage as described in the Return & Refund Policy.
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7. Shipping
Shipping terms, insurance requirements, and delivery timelines are governed by our Shipping Policy, which is incorporated into these Terms by reference. Risk of loss passes to the buyer upon delivery of the package to the carrier.
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8. Intellectual Property
All content on this Site — including gemstone photographs, faceting designs, diagrams, written content, logos, and site design — is the intellectual property of Maikurumoto Gems and Michael Phillips and is protected by United States and international copyright law. You may not reproduce, copy, or use any Site content for any commercial or public purpose without our prior written permission. See our Legal Notice for full details.
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9. Acceptable Use
You agree to use this Site only for lawful purposes and in a manner that does not infringe the rights of others. You agree not to:
- Use the Site for any fraudulent or unlawful purpose
- Attempt to gain unauthorized access to any part of the Site or its related systems
- Use automated tools (bots, scrapers, crawlers) to extract content from the Site without our express permission
- Post, submit, or transmit any content that is false, misleading, harmful, or violates any applicable law
- Resell or commercially exploit any product purchased from us without prior written agreement
We reserve the right to terminate access to the Site for any user who violates these terms.
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10. Disclaimer of Warranties
The Site and its content are provided "as is" and "as available" without any warranty of any kind, express or implied. To the fullest extent permitted by applicable law, we disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant that the Site will be error-free, uninterrupted, or free from viruses or harmful components. We do not warrant that any product description, photograph, pricing, or other content on the Site is accurate, complete, or current, though we make reasonable efforts to ensure accuracy.
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11. Limitation of Liability
To the fullest extent permitted by applicable law, Maikurumoto Gems and Michael Phillips shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Site or any products purchased through it.
Our total liability for any claim arising from a purchase shall not exceed the amount you paid for the specific product giving rise to the claim. Nothing in these Terms limits liability that cannot be excluded under applicable law, including liability for fraud, gross negligence, or personal injury.
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12. Indemnification
You agree to indemnify, defend, and hold harmless Maikurumoto Gems, Michael Phillips, and any agents or representatives from and against any claims, damages, losses, and expenses (including reasonable legal fees) arising from your use of the Site, your violation of these Terms, or your violation of any applicable law or third-party rights.
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13. Third-Party Links and Services
The Site may contain links to third-party websites or services. These are provided for convenience only. We have no control over and assume no responsibility for the content, policies, or practices of any third-party site. Your use of third-party sites is at your own risk.
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14. Privacy
Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Site, you consent to the collection and use of your information as described in that policy.
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15. Modifications to These Terms
We reserve the right to update or modify these Terms at any time. Changes take effect when posted to this page. Your continued use of the Site after any modification constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.
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16. Governing Law and Dispute Resolution
These Terms are governed by the laws of the Commonwealth of Massachusetts, United States, without regard to its conflict-of-law principles. Any dispute arising out of or relating to these Terms or your use of the Site shall be brought exclusively in the state or federal courts located in Worcester County, Massachusetts, and you consent to the personal jurisdiction of those courts.
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17. Severability
If any provision of these Terms is found to be unenforceable or invalid under applicable law, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
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18. Entire Agreement
These Terms, together with our Privacy Policy, Legal Notice, Shipping Policy, and Return & Refund Policy, constitute the entire agreement between you and Maikurumoto Gems regarding your use of the Site and supersede any prior agreements or understandings on that subject.
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### Contact
Questions about these Terms can be directed to:
Maikurumoto Gems
michael@maikurumotogems.com
Sturbridge, MA, USA