Código de conducta

NORMAS DE COMERCIO Y CÓDIGO DE CONDUCTA DE RAPNET

A partir del 25 de junio de 2021

Los miembros deben revisar cuidadosamente las Normas de negociación, el Código de conducta y el Acuerdo de licencia de RapNet para asegurarse de que cumplen plenamente con ellos, ya que cualquier violación de los mismos pueden dar lugar a la suspensión o terminación de la afiliación.

1. INTRODUCTION
   1. RAPNET® – The Rapaport Diamond Trading Network welcomes legitimate members of the international diamond and jewelry trade. Firms or individuals seeking membership are invited to complete our membership application.
   2. RapNet membership is subject to approval. RapNet reserves the right to restrict, deny, suspend, or terminate membership at any time for any or no reason. RapNet may post the name of members in our directories and post notification with or without explanation when memberships are suspended or terminated.
   3. All RapNet Members must accept, agree and comply with the RapNet Trading Rules & Code of Conduct as well as the RapNet Member License Agreement. Members are encouraged to contact RapNet with questions, comments, and suggestions via email support@rapnet.com.
   4. The RapNet Trading Rules & Code of Conduct and RapNet Member License Agreement are subject to change and may be updated. Notice of updates will be posted on the RapNet website. Such updates are binding on RapNet Members.
   5. RapNet is fully owned and operated by Rapaport USA, Inc.
2. Legal and Ethical Business Practices
   1. RapNet is a value-based organization which strives to provide an honest, fair, secure, transparent, efficient and competitive market for the trading of diamonds, gems and jewelry. RapNet members should accept and support these values.
   2. RapNet Members must fully comply with all applicable local, state, national and international laws and regulations. RapNet is a U.S. entity, it is subject to U.S. law and operates in compliance with all applicable U.S. Patriot Act, OFAC and other applicable regulations. Such regulations restrict the trading of diamonds sourced from U.S. sanctioned entities in all markets, including non-U.S. markets.
   3. RapNet members are held to a high ethical standard which may transcend legal obligations. Members must conduct themselves with integrity and at all times comply with the highest legal and ethical standards. RapNet may from time to time require members to comply with specific trade restrictions based on ethical considerations. Such trade restrictions will be posted on our website.
   4. Members may be held accountable for all actions taken that violate RapNet Trading Rules & Code of Conduct even if such actions take place outside the RapNet network.
   5. Enforcement of RapNet Trading Rules & Code of Conduct is at the sole discretion of RapNet management.
3. RapNet Access and Confidentiality
   1. RapNet Members may not disclose or share their password with any third party. Password use is strictly limited to specific individuals. Members may request additional passwords from RapNet customer service (service@diamonds.net) in the event multiple users require access to RapNet. Additional charges may apply.
   2. RapNet Members may not disclose proprietary RapNet or Rapaport information to third parties. The Rapaport Price List and RapNet Price Lists are examples of such proprietary information.
   3. RapNet Members may not download and/or store RapNet diamond listings, buy requests, or any other RapNet data without the permission of RapNet and the company posting the listings.
   4. RapNet Members may not share names or contact information of other RapNet Members with third parties. They may not send email broadcasts to other members.
   5. RapNet Members may use automatic electronic data transfer programs through our Application Programming Interface (API) as documented at technet.rapaport.com website. Members may not use automated computer programs to access RapNet.com under any circumstances. Members may perform automatic downloads and data exchange via technet.rapaport.com if they have been given permission to do so.
   6. RapNet Members may not access, use, store, share or distribute Rapaport, RapNet or RapNet Member information without the permission of RapNet and/or Rapaport.
4. Trading
   1. RapNet Members must trade honestly, in good faith and do business in a way that ensures RapNet is a safe, secure and trusted trading environment. RapNet members must provide full disclosure to buyers in the event that the products being offered for sale are subject to legal restrictions in the buyer’s home country.
   2. RapNet allows the listing of natural diamonds only. Synthetic/lab-grown diamond or jewelry trading is prohibited on RapNet.
   3. Sellers must fully disclose all information about the products they sell if such information is likely to affect the value of the product upon resale. This includes but is not limited to treated, enhanced, processed or simulated products. Misrepresentation is not allowed, and full written disclosure is required. Diamond, gems and jewelry listings must be accurate and up to date. All details must be correctly provided in the RapNet format. Diamond treatments, fluorescence, and other details that significantly impact value must be disclosed in the listing.
   4. Diamond, gems and jewelry location and shipping terms must be fully and accurately provided.
   5. Subject to clause 2, all diamonds offered for sale on or through RapNet are assumed to be for natural untreated diamonds and must be legal for sale in the United States. In the event of non-disclosure in terms of these RapNet Trading Rules & Code of Conduct, and upon buyer’s request, a full cash refund must be made to the buyer within 2 business days.
   6. All agreements and transactions between RapNet Members are binding. This includes oral, telephone, email, fax, online or written agreements. If the phrase “Mazal” is used and agreed to by both parties, the deal is concluded. Members cannot go back on their “Mazal” commitments. In the event of a gross or obvious error, members should agree to void the transaction.
   7. Terms and conditions of sale or memo should be specified in full and in writing. This includes product description, price, date of payment, date of delivery, return of product, shipping, insurance, taxes, custom fees and any other factors important to the transaction. Members should not trade in a manner that leaves room for misrepresentation, misunderstanding or confusion.
   8. Communication of diamond quality on RapNet must be based on GIA grading standards. Members cannot use GIA terminology while applying non-GIA standards that over-grade diamonds. Members listing over-graded diamonds, (defined as diamonds that are more than one color, clarity or fluorescence grade above the GIA verification grade), may be subject to suspension with full public disclosure of their name and the reason for their suspension. Buyers may require sellers to cancel transactions, accept return of the diamond and provide a full refund in the event that they are sold over-graded diamonds
   9. Members should not transfer any funds for the purchase of any diamonds, gems or jewelry which they have not examined.
   10. RapNet may publish on its website default transaction terms and conditions that are to be applied in instances where the terms and conditions of sale are not specified by the trading members.
   11. Bait and switch listings and false advertising are not allowed. Members may not list diamonds or other products for sale at low prices and tell buyers the product is unavailable and then offer alternative products at higher prices. Sellers should ensure that diamond listings contain all relevant availability information. All diamonds, gems and jewelry listed for sale must exist and the seller must have the right to sell the products. Fictitious listings or buy requests are not allowed.
   12. Eye clean: The seller may advertise or describe a diamond as eye clean. Diamonds listed or described as eye clean must have no inclusions (black, white, red or any other color) visible to a non-expert grader when viewing the diamond from a face-up position (looking at the table) with the naked eye. Eye clean does not include looking at the diamond under any magnification (loupe, microscope, etc.) or instrumentation.
   13. Members must update the pricing and availability of their RapNet stock at a minimum of every 8 days (daily or more frequently updates are recommended). Members must provide the correct grading report or certificate number for all laboratory graded diamonds, without which RapNet will list the diamond as an uncertified diamond.
   14. Diamonds may be listed and advertised for sale on RapNet as Guaranteed Available. Diamonds listed and advertised for sale as Guaranteed Available must be retained in the physical possession of the RapNet Member throughout the time of their listing, from the time of their listing and at all times thereafter whilst listed and advertised.
   15. RapNet Members undertake to keep all details relating to or associated with the listing of their diamonds fully updated at all times whilst listed or advertised on RapNet, and in particular, to take immediate steps to disable or amend the Guaranteed Available status to “none” within 1 (one) hour should there be any change in their Guaranteed Available status. By listing a diamond as Guaranteed Available, RapNet Members agree to these listing rules and conditions and agree to abide by the terms of listing thereof. Should any RapNet Member be found to have listed or advertised a diamond as a Guaranteed Available Diamond contrary to the provisions hereof, he /she may be barred and prevented from listing and advertising for sale Guaranteed Available status diamonds on RapNet, alternatively, their access to RapNet may in the case of flagrant and repeated offences be either suspended or permanently terminated, at the sole and absolute discretion of Rapaport, upon due notice.
   16. All prices quoted for diamond, gems and jewelry listings must be for the specific item and location being listed. The price must not include additional hidden or “bundled” conditions such as purchase of additional items, additional shipping fees or other conditions requiring additional payments. White diamond listings below 4 carats in size must include a price.
   17. Unsolicited email marketing, telemarketing, SMS, instant messenger, email broadcasts and other electronic communications to RapNet members are not allowed. Members must not contact other members who have requested they stop contacting them.
   18. RapNet Members must return all products provided to them on memorandum in a timely manner.
   19. Members may use the RapNet rating service to share information about other members. Rating must be honest, fair and factual based on direct business between the parties.
   20. Members may file complaints about other members by contacting support@rapnet.com. Written complaints may be reviewed by RapNet management who may consider suspending or terminating membership or other sanctions.
5. Financial
   1. RapNet Members must fully honor all their financial obligations.
   2. RapNet members must notify RapNet management in the event they are unable to meet their financial obligations, or if they are seeking protection under bankruptcy laws.
6. Listing Restrictions
   1. Members may not list, buy or sell products on RapNet which they know or have reason to know are sourced from entities involved in human rights abuses, terrorist financing, money laundering or are subject to U.S. sanctions. Such restrictions apply whether or not it is legally permissible to trade these products or if diamonds originate from Kimberley Process certified sources.
   2. In addition to the aforementioned general rule, based on legal and moral considerations, RapNet specifically forbids the trading of any diamonds sourced from Marange, Zimbabwe on the network. Most Marange diamonds exhibit a green hue/tint/shade and the ban of Marange diamonds on RapNet extends to all green tinted diamonds, regardless of origin. This applies to non-fancy colors only.
   3. Should any RapNet member purchase a green tinted diamond because it was listed on RapNet after September 1, 2014, we advise the buyer to return the diamond to the supplier, request a full refund and inform RapNet of the transaction.
   4. Members may not sell U.S. buyers diamonds that they know, or should have reason to know, are illegal for trade in the U.S. even if such sale does not take place on or through RapNet.
   5. No synthetic, simulant, or lab grown diamonds may be listed on, or offered for sale on or through RapNet.
   6. RapNet does not support the marketing of diamonds using EGL grading reports. Members that market diamonds on RapNet using EGL reports are subject to suspension.
7. Diamond Searches – Fair Use Policy
   1. RapNet is a vibrant trading network used by thousands of members every day. To give all members a fair experience and to optimize RapNet response time RapNet has implemented a “fair use” policy with regards to diamond searches. The policy will not limit searches by Members seeking to purchase diamonds, but it will curtail the use of searches for extensive price discovery.
8. Trade Alerts, Notices and Announcements
   1. From time to time RapNet may communicate Trade Alerts, Trade Rules, and other announcements which govern trading activity on the network or advise members of changing market conditions. These communications are part of these RapNet rules.
9. Disclosure
   1. RapNet reserves the right to publicly disclose the identity of any RapNet Member that RapNet reasonably suspects has violated these RapNet Trading Rules & Code of Conduct, the Member License Agreement or breached any ethics or other policies of appropriate government or trade organizations. In addition, RapNet may provide information regarding any member or data from RapNet to any appropriate governmental and trade organization and law enforcement agencies if there is a suspicion of a breach of the RapNet Trading Rules and Code of Conduct, Member License Agreement or any law.
10. Communication
    1. RapNet members are encouraged to share their views with us concerning these RapNet Trading Rules & Code of Conduct and the RapNet Member License Agreement and other aspects of our service. Whenever and wherever possible we will try to incorporate the recommendations of our Members. Your comments and suggestions are welcome and appreciated.
11. RapNet Member Rating system Terms and Conditions
    1. The RapNet Member Rating System allows RapNet members to rate each other after a transaction has taken place. Ratings are designed to allow members to benefit from the opinions and experiences of other members. By using the RapNet Rating System, you agree to abide by and be bound by these Terms and Conditions and agree to comply with all applicable laws and regulations.
    2. Under no circumstances will Rapaport take any responsibility whatsoever for the contents of ratings and/or comments made by members and displayed on RapNet. Rapaport does not accept any liability for damages, howsoever suffered or incurred, by or resulting from, or as a consequence of the submission, posting or placing of any rating or reply on RapNet, or the use of the RapNet Rating System by any party submitting the rating, the party that has been rated or any other person or third party whatsoever, who alleges that he/they has/have suffered harm, damages or injury to his/their name, goodwill and/or reputation or, in any other manner whatever, suffered any damages or loss, as a result thereof, either directly or indirectly.
    3. RapNet Members must use caution and good judgment at all times when rating another RapNet Member. You could be held personally liable for damage(s) to the RapNet Member rated if legal proceedings are instituted against you based on your comment or rating.
    4. RapNet Members are obliged to leave only fair and factual comments and ratings that relate to a specific transaction you have had with a RapNet Member. The contents of all ratings constitute a permanent part of that member’s record on the RapNet trading network. You are to provide only factual and truthful comments when submitting, posting and/or placing a rating. Ratings and comments can be amended or deleted by the RapNet member making the rating or comment.
    5. The name of the RapNet member making the rating will be visible to the RapNet Member receiving the rating only. To all other RapNet Members the rating will be anonymous.
    6. Members abusing or misusing the ratings will have their memberships terminated.
    7. The following will be deemed to be considered “abuse” or “misuse” of the RapNet Rating System and is strictly forbidden: Undermining the RapNet rating system using practices such as:
       1. feedback extortion - i.e. threatening another member with negative or neutral feedback;
       2. feedback manipulation - i.e. feedback left or received where the feedback’s primary purpose or value is to artificially enhance a RapNet Member’s reputation;
       3. feedback exclusion - i.e. where a RapNet Member includes or attempts to include in their listings or terms of sale any conditions that exclude, limit or restrict the buyer or other transaction partner from leaving a rating feedback of him;
       4. Making an inappropriate rating by using abusive, racially vilifying, discriminatory, profane, insulting or threatening language;
       5. Making an “internal” rating (a controlled rating about oneself by using a different RapNet user name or password);
       6. Making a false rating using illegal and immoral rating contents or feedback using contents adverse to the purpose and objective of the rating system; and
       7. Using multiple RapNet Member accounts to lower the ratings of another RapNet Member or raising your own rating or for any other improper, ulterior or unlawful purpose.
    8. RapNet may, in its sole and absolute discretion delete a rating from the RapNet Rating System. RapNet shall in its sole discretion be entitled, but not obliged, to remove or delete any rating, if: after investigation it is found that the RapNet Member posting the rating had violated any of these terms and conditions in any material respect, or any other terms and conditions for the use of RapNet, or if all parties involved unanimously agree to delete the rating.
    9. RapNet’s decision in this regard shall be final and no correspondence will be entered into in this regard. The factors or circumstances for which RapNet may remove or delete a rating may include, but are not limited to, the following:
       1. If a rating is not based on actual transactions;
       2. If a rating contains links to other websites or webpages, superfluous detail and/or information or other material unrelated to the transaction at hand or on which the transaction is based;
       3. If a rating contains material of an adult nature, profanity, abusive, racially vilifying, discriminatory, threatening or insulting language or content; and
       4. If a rating violates any law, rule or regulation or the provisions of this clause ‎11 in any way.
12. RapChat rules and participation
    1. Only buying and selling.
       1. RapChat Trading groups are intended for RapNet members to buy and sell diamonds, jewelry, watches, pearls and precious stones.
       2. Posts not dedicated to buying and selling should be posted in the General RapChat channels.
    2. No synthetic stones
       1. RapNet does not allow the trading of synthetic stones. No buy requests or offering of synthetics in RapChat groups allowed.
    3. No Spamming
       1. We are not going to define spam, but we all recognize it when we see it. Moderators will block spammers and delete their posts.
    4. Keep it professional.
       1. No personal attacks, harassment, name calling or anything that would be not in accordance with how a RapNet member is expected to behave.
    5. Don’t monopolize the conversation.
       1. Be respectful of others in the group. This is everyone’s buy/sell group, not your private marketing group.
    6. Keep on topic.
       1. Each RapChat group has an intended purpose. No pushing other agendas or general chatting.
    7. Safety First
       1. Don’t post payment information, mobile numbers, credit card details or personal information to this group. Anything sensitive should be posted in a private chat with the RapNet member concerned.
       2. Do not move conversations out of RapChat.
    8. Disputes and admins
       1. RapNet takes no responsibility for your direct trading. However, we will attempt to assist to settle disputes. You may contact the Administrator of the RapChat group if you need assistance.
    9. The rest
       1. We are pretty tolerant but be aware that we will moderate RapChat groups to remove posts, mute, or ban members who do not act in the spirit of a healthy RapNet community.
       2. Under no circumstances will Rapaport take any responsibility or accept any liability whatsoever for the contents of and/or comments made by members and displayed in any RapChat Buy/Sell Group