StillSparkly

Shop

Info

Sell

Account

Terms of Service

Last updated: October 5, 2026 (previous version effective September 20, 2026)

1. Agreeing to these Terms

StillSparkly is operated by Sparkly Empire LLC, a California limited liability company. In these Terms, “StillSparkly,” “we,” “us,” and “our” mean Sparkly Empire LLC, and where the context is about the site, app, or services, they mean the StillSparkly marketplace that Sparkly Empire LLC runs. StillSparkly is the name of the product, and these Terms are an agreement between you and Sparkly Empire LLC.

By creating an account, placing an order, listing an item, or otherwise using StillSparkly (our site and services), you agree to these Terms of Service. Our Privacy Policy, Buyer Protection, Returns & Refunds, and Shipping pages are part of this agreement. If you don't agree, please don't use StillSparkly.

We may update these Terms. If we make a material change, we'll tell you by email or with a notice on the site before it takes effect (we aim for at least 14 days when we can). If you keep using StillSparkly after a change takes effect, you're agreeing to the new version. If you don't want to, you can close your account (see Section 17). A change won't apply to a dispute that has already started.

2. Who Can Use StillSparkly, and Your Account

You must be at least 18 and able to enter into a binding contract. StillSparkly is currently available only to buyers and sellers in the United States, and we ship only within the US. By creating an account, you're telling us you live in the United States and that you aren't barred from using our services under US law (see Section 24).

Give us accurate, current information and keep it up to date. You are responsible for keeping your login secure and for everything that happens under your account. If you think someone else got into your account, email us right away at support@stillsparkly.com. Please don't create extra accounts to get around a suspension, limit, or review. We may ask you to confirm your identity, email address, phone number, or payout details, and we may limit what you can do until you have.

3. What StillSparkly Is (and Isn't)

StillSparkly is an online venue where people sell jewelry to each other, whether it came out of a jewelry box (vintage, estate, or pre-owned) or off a maker's bench (handmade). Sellers are independent people and businesses. When you buy something, you are buying it from the seller, not from StillSparkly. We aren't the seller, we don't own the items or take title to them, and we don't inspect, test, appraise, or authenticate them. We don't guarantee that any listing is accurate, or that any buyer or seller will follow through.

What we do run is the checkout and payment flow (through Stripe), prepaid shipping labels, Buyer Protection, and tools that help sellers create listings. The sections below explain how each of those works. Please use your own judgment when you buy or sell, and reach out with any questions before you buy (you can email support@stillsparkly.com).

4. Buying

When you place an order, you're agreeing to buy that item from the seller at the listed price plus shipping (and tax, if checkout shows any). Prices are in US dollars, and your payment method is charged when you place the order. Most pieces here are one of a kind, so if something goes wrong (for example, a pricing error, or a piece that can't be shipped), we or the seller may cancel the order and refund you in full.

If you check out without an account, we may create a basic account using the email address you give us so you can follow your order. These Terms apply to that account and that order exactly as they would if you had signed up first. By placing an order, you agree to these Terms, the Buyer Protection policy, and the Privacy Policy.

5. Selling: What You Promise

When you list an item, you promise that:

  • You own it or have the legal right to sell it (this includes pieces you made yourself), and you have it in your hands. No dropshipping, and no listing things you don't physically have or that you plan to order from a supplier after someone buys.
  • It is not stolen, counterfeit, or a replica, and it is legal to sell.
  • Your title, category, description, and photos are true and match the item you'll ship. That includes the metal and its karat or purity (only call something gold, sterling, or platinum if it is, and describe plated, filled, and vermeil pieces as what they are), every stone and whether it is natural, lab-created, or a simulant (like cubic zirconia), any treatments you know about (heated, dyed, fracture-filled, coated), whether pearls are natural, cultured, or imitation, and the condition, including flaws. We follow the FTC's Jewelry Guides here, and you should too.
  • Your photos are yours or you have the right to use them, and they show the actual item you're selling.
  • You'll ship within 3 business days of an order, with the prepaid label we provide, packed so it arrives safely, and what you ship is what you listed.

Our listing tools can draft a title, description, and price for you (see Section 6). It is still your listing. Read everything and fix anything that's wrong before you publish, because you are responsible for what's published under your account whether you typed it or a tool suggested it. By publishing a listing, you're confirming that the promises above are true for it.

You are also responsible for following the laws that apply to your listings and sales. If you are a high-volume seller (the law currently looks at 200 or more sales totaling $5,000 or more in a year), we may collect and verify extra information such as your bank account, tax ID, and contact details, and we may show some of it to buyers as the law requires.

6. Listing Tools and Valuations

Some of our tools look at your photos and suggest a title, description, category, materials, condition, and price. Our valuation tool suggests a price range. These are automated suggestions and estimates, and they can be wrong. A photo can't tell a karat, a natural stone from a lab-created one, or a real hallmark from a fake one. Nothing our tools produce is an appraisal or authentication, or a promise about metal, stone, or value, and we are not licensed appraisers. Please don't rely on our suggestions for insurance, tax, estate, or legal purposes. For those, ask a qualified appraiser or gemologist.

To make these tools work, your photos and listing details are processed by our service providers, including Google. Our Privacy Policy has the details.

7. Items You Can't List

StillSparkly is for jewelry. You may not list or sell:

  • Counterfeit or replica jewelry, including fake designer or brand name pieces, or anything that uses someone else's trademark in a way that suggests it came from them when it didn't.
  • Stolen goods, or items you don't have the right to sell.
  • Ivory, coral, tortoiseshell, and other materials from protected or endangered species, even if you believe your item is old enough to be exempt.
  • Items containing hazardous materials, including jewelry with unsafe levels of lead or cadmium, and anything that has been recalled.
  • Gift cards, gift certificates, or anything that isn't jewelry.
  • Anything that breaks the law, or listings with hateful, sexually explicit, or otherwise objectionable content.

8. Conduct We Don't Allow

You may not:

  • Take a sale off StillSparkly or avoid our fees. That means asking or steering a buyer to pay you through Venmo, Zelle, cash, a text message, or any other way outside StillSparkly checkout, or putting contact details or off-site payment instructions in a listing, profile, or message to do it.
  • Post fake, paid, traded, or otherwise manipulated reviews or ratings, or pressure someone into changing or removing an honest one.
  • Harass, threaten, or discriminate against other people, or send spam.
  • Phish, or ask anyone for their password, identity documents, payment card details, or bank information, or send links meant to collect them.
  • Use StillSparkly for fraud, money laundering, or card testing (trying stolen or guessed card numbers), or use a payment method that isn't yours.
  • Pretend to be someone else, including StillSparkly staff, or misrepresent who you are.
  • Create accounts to get around a suspension or restriction, or manipulate prices, sales, or our systems.
  • Scrape or collect data from StillSparkly, or interfere with how it works or how safe it is.

9. Objectionable Content, Reporting, and Takedowns

We have no tolerance for objectionable content or abusive behavior. Content that is hateful, harassing, threatening, sexually explicit, exploitative, or violent, or that promotes illegal activity, will be removed, and the account that posted it may be suspended or ended without notice.

If you see a listing, profile, review, or message (when available) that breaks these Terms, use the Report button on the listing or email support@stillsparkly.com. We review reports as quickly as we can and may remove content, restrict accounts, or take other steps. We may share reports with the people involved when we need to, and we don't tolerate retaliation against anyone who reports in good faith.

10. Your Content and Our Right to Moderate

You keep ownership of the photos, text, and other content you post on StillSparkly (“your content”). By posting it, you give us a worldwide, non-exclusive, royalty-free license to host, store, display, copy, resize, crop, enhance, and clean up your photos and text, and to show and promote your listings on StillSparkly and on our marketing channels and partner platforms, such as Instagram, Facebook, and Pinterest, including in ads and social posts for your listing. This license lasts as long as your content is on StillSparkly, plus a reasonable time for it to clear out of our systems and backups, and for posts and copies already made elsewhere (which the platform may keep until they're removed). You promise you have the right to give us this license.

We're not required to review content, but we can. We may edit, re-categorize, hold for review, hide, or remove any listing or other content, and we may do it before or after it goes live, when we think it is inaccurate, miscategorized, low quality, mass-produced or dropshipped, unsafe, or against these Terms. When we hold or remove a listing, we'll usually tell the seller by email or message and, where it makes sense, let them fix and resubmit it. We may do this without notice when we need to act fast.

11. Reviews

Reviews have to come from real transactions on StillSparkly. You may not offer or accept anything (money, refunds, gifts, or a trade for another review) in exchange for a review or for changing or removing one, and you may not write reviews of your own listings or for people you know. We don't hide honest negative reviews, and we may remove reviews that break these Terms.

13. Payments, Fees, Payouts, and Taxes

Payment processing. Payments are processed by Stripe. Your card details go straight to Stripe, and we don't store full card numbers. To get paid, sellers set up a Stripe connected account and agree to Stripe's Connected Account Agreement and related Stripe terms, which include identity and tax checks (a US bank account and US tax ID are required). When a buyer pays, we collect that payment as the seller's limited payment agent, which means the buyer has paid the seller once we receive it. Our obligation to pay a seller is limited to funds we've actually received for that seller's sale, less the amounts described in this section.

Fees. Listing is free. When an item sells, we charge the seller a commission of 8% of the item price (not shipping or tax), taken out of the seller's earnings. Buyers pay no separate fee. If we ever tell you in writing that a different rate applies to you for a set period, that rate applies for that period. We may change our fees going forward with notice, and a change won't apply to sales already made. If a seller turns on free shipping for a listing, the seller pays the shipping cost and it comes out of their earnings.

When earnings are available. Earnings from a sale are credited to the seller's StillSparkly balance and can be withdrawn to their bank account or debit card through Stripe (the minimum is $1.00). They become available to withdraw 3 days after the order is delivered, or 14 days after the order is marked shipped if delivery is never confirmed. Earnings stay on hold while a return or Buyer Protection case is open, and an order that never ships is never released.

Holds, offsets, and reversals. We may hold, delay, reduce, or reverse a payout, and take money out of a seller's balance, when we need to cover: refunds and Buyer Protection cases; chargebacks and payment disputes (and any dispute fees they cause, when the seller's listing or shipment led to them); fees or other amounts the seller owes us; shipping or return label costs we covered because of the seller's listing or shipment; orders we believe are fraudulent; investigations into suspected fraud or a breach of these Terms; or anything a law or a court requires. This can happen after a payout has already been made. If a seller's balance goes negative for any reason, the seller owes us that amount. We may take it from future earnings, charge it to the seller's payout method as Stripe allows, or collect it another way the law allows. If we can't reach you and you have an unclaimed balance, we may have to turn it over under unclaimed property laws.

Taxes. Sellers are responsible for their own income taxes and any other taxes that apply to them. Stripe reports seller earnings to tax authorities according to the rules in effect (for example, on a Form 1099-K when the IRS threshold is met), and you should check with a tax professional about your own situation. As for sales tax, checkout only adds sales tax when a tax line appears on your order summary. Where we are required to collect and pay sales tax on an order, we will, and the rules on that may change, so what shows on your order summary at checkout controls.

14. Shipping and Shipping Protection

Shipping is a flat rate for the package size, shown at checkout and paid by the buyer (unless the seller has offered free shipping). When an item sells, the seller gets a prepaid USPS label through our shipping provider, Shippo, and must use it, ship within 3 business days, and pack the item securely. Every label includes tracking. Please see our Shipping page for the current details.

Labels bought through StillSparkly are normally covered by Total Shipping Protection from XCover (Cover Genius) against loss, theft, and damage in transit, from carrier pickup until delivery. It is provided by XCover, subject to its own terms, and StillSparkly is not an insurer. You can read the XCover policy. XCover only covers jewelry parcels above $250 when they ship signature-required, so orders with an item price over $250 ship with a signature requirement and someone needs to be there to sign. If a package is lost, stolen, or damaged in transit, open a case from your order page (and keep the packaging and take photos if it's damaged) and we'll handle it under Section 15. If a shipping protection claim is denied, we decide who covers the loss based on what happened, for example whether the seller shipped on time, packed the item safely, and used the label we provided, and we may recover the amount from the seller's earnings.

15. Returns and Buyer Protection

Buyer Protection is our policy for orders placed and paid for through StillSparkly checkout. It is not insurance, and it is not a warranty from us or from sellers. It covers an item that is significantly not as described (including one that is counterfeit or has materials that were misrepresented), arrives damaged, or never arrives. It doesn't cover a change of mind, sizing you could have checked before buying, or normal wear that the listing honestly disclosed. The Buyer Protection and Returns & Refunds pages explain it in more detail.

How it works. Open a case from your order page within 3 days of delivery. If a package never arrives and there is no delivery date on your order, you can open a case without waiting for one. The seller is notified and has 3 days to give their side. Our team then reviews both sides (photos, the listing, and messages) and decides, usually within about 2 business days, and we tell you both what we decided and why. If we approve the case and there's something to send back, you return the item using our prepaid label or your own shipping with a tracking number, and you return the item you received in the condition you received it. If a package never arrived, there's nothing to send back.

Your refund. If a case is approved, we refund what you paid for the item, shipping, and any tax to your original payment method. If you use our prepaid return label, the label cost comes out of your refund, unless we decide the seller was at fault, in which case we don't deduct it. There is no restocking fee. We issue the refund once your return is on its way back with tracking, and your bank may take several more days to show it. The seller's earnings for that order are reversed, and the item may be listed again.

Our decision. As far as StillSparkly's Buyer Protection is concerned, our decision on a case is final. That doesn't take away any rights you have under the law or against the seller, or your right to dispute a charge with your card issuer. We may deny or reduce a claim that looks fraudulent or abusive (for example, sending back a different or damaged item), and we may limit or close accounts that abuse the process. We may update Buyer Protection going forward, and a change won't apply to orders already placed.

16. Text Messages and Email

StillSparkly offers an optional text-to-list feature that lets sellers create listings by texting photos to us. If you add your phone number in your account settings and check the consent box, you agree to receive text messages from StillSparkly about your listings, such as photo receipts, draft-ready alerts, and a one-time verification code. Message frequency varies with how much you use the feature. Message and data rates may apply. Reply STOP to any message to opt out, or HELP for help. Consent isn't a condition of using StillSparkly or buying anything. Carriers aren't liable for delayed or undelivered messages. Our Privacy Policy explains how we handle your number, and for questions you can email support@stillsparkly.com.

We also email you about your account, orders, returns, messages from other users, and payouts. You need those to use the service. We may send occasional emails about new pieces or features too, and you can unsubscribe from those at any time using the link in the email.

17. Suspension and Termination

You can delete your account any time from your account settings. To protect buyers and sellers, you can't delete it while you have an order that hasn't been delivered, an open return, or earnings still on your account. When an account is deleted, its active listings are taken down and its profile is anonymized, and we keep the records described in our Privacy Policy.

We may suspend, restrict, or end any account, and remove any content, at any time, with or without notice, if we believe you've broken these Terms, put other people or StillSparkly at risk, or we're required to. While we investigate, we may hold funds and pause listings, payouts, and messaging. Ending an account doesn't cancel what you owe, and the parts of these Terms that should continue (including Sections 5, 10, 13, and 19 through 24) do.

18. Preventing Fraud

To keep StillSparkly safe, we may review activity, verify information, and share information with payment processors, shipping carriers, other platforms, and law enforcement when we think it's needed to investigate or prevent fraud, abuse, or illegal activity, or when the law requires it. We may keep records of accounts, orders, messages, and payments for as long as we reasonably need to for those purposes.

19. Disclaimers

StillSparkly and everything on it is provided “as is” and “as available.” To the fullest extent the law allows, we make no promises or warranties, express or implied, about the site, the listings, the items, or the users, including any promise about accuracy, authenticity, quality, condition, value, materials, or fitness for a particular purpose, and we disclaim any implied warranties of merchantability and non-infringement. We don't promise that the site will be uninterrupted or error-free. We aren't responsible for what users post or do, or for third-party services such as Stripe, Shippo, XCover, and carriers. Buyer Protection and our other policies are the specific things we've committed to, and only as written in these Terms. Some places don't allow certain disclaimers, so some of this may not apply to you.

20. Limit on Our Liability

To the fullest extent the law allows, StillSparkly and the people who work for it aren't liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost data, or lost goodwill, arising from your use of StillSparkly or a transaction on it. If we are found liable for something, our total liability to you is limited to the greater of $100 or the fees you paid us in the 12 months before the claim arose. Some places don't allow these limits, so they may not apply to you. Nothing in these Terms limits liability that the law doesn't let us limit.

21. If Someone Makes a Claim Because of You

You agree to defend and reimburse StillSparkly and the people who work for it against claims, losses, and costs (including reasonable attorney's fees) that come from your content, your listings or purchases, your breach of these Terms, or your violation of a law or someone else's rights. We'll tell you about the claim, and we may take over the defense at your expense if we choose.

22. Resolving Disputes

Talk to us first. If you have a problem with StillSparkly, email support@stillsparkly.com with a description of the problem and what you'd like us to do. Both of us agree to try to work it out informally for at least 30 days before starting a formal case.

Individual arbitration. If we can't work it out in 30 days, you and StillSparkly each agree that any dispute between us will be decided by binding arbitration on an individual basis, run by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (available at adr.org). The arbitrator applies these Terms and the law, and the Federal Arbitration Act governs this section. Hearings can be held by phone, video, or on written papers, and if there's an in-person hearing it will be in your county. We'll pay the AAA fees that its consumer rules put on the business. If many similar claims are filed against us by the same lawyers or group, we can ask that they be handled in batches under AAA's rules for that.

No class actions, no jury. To the fullest extent the law allows, you and StillSparkly each give up the right to a jury trial and the right to bring or join a class, collective, or representative case. An arbitrator can't combine anyone else's claims with yours. If a court decides that this waiver can't be enforced for a particular claim, that claim goes to court instead (and is put on hold until any arbitration of your other claims is done). If a court decides a request for public injunctive relief (relief meant to protect the general public) can go forward, it goes to court too, not arbitration.

What this doesn't cover. Either of us may take a claim to small claims court if it qualifies, and either of us may go to court to stop the misuse of intellectual property or unauthorized access to our systems.

You can opt out. You can opt out of arbitration and the class waiver by emailing support@stillsparkly.com with the subject “Arbitration opt-out” within 30 days after you accept these Terms (this applies to new and existing users alike). Include your name and the email address on your account. Opting out doesn't affect any other part of these Terms.

23. Governing Law and Courts

California law governs these Terms and any dispute between us, without regard to its conflict-of-law rules, except that the Federal Arbitration Act governs Section 22. If a claim can go to court instead of arbitration, it has to be brought in the state or federal courts located in California, and you and StillSparkly both agree to those courts.

24. The Rest of the Legal Stuff

  • Everything together. These Terms, with the policies they reference, are the whole agreement between you and StillSparkly about using our service.
  • If part doesn't work. If a part of these Terms is found unenforceable, the rest stays in effect.
  • No giving up rights by accident. If we don't enforce something right away, we haven't given up our right to do so later.
  • Transfers. You can't transfer your account or these Terms to anyone else. We can transfer ours, for example if StillSparkly is bought or merges with another company.
  • Things outside our control. We aren't responsible for delays or failures caused by events beyond our reasonable control, like outages at our providers, carrier delays, natural disasters, or government actions.
  • Sanctions and export rules. You may not use StillSparkly if you are on a US government restricted-party list or in a country under US embargo, and you agree to follow US export and sanctions laws (including OFAC rules).
  • Notices. We can give you notice by email to the address on your account or by posting on the site. You can give us notice at support@stillsparkly.com.
  • Electronic agreement. You agree that clicking a checkbox or button, or using StillSparkly, is your electronic signature and that these Terms and our notices can be delivered electronically.

25. California Notices

Under California Civil Code Section 1789.3, California users are entitled to know that complaints about our service can be directed to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

26. Contact

If you have questions about these Terms, please contact us at support@stillsparkly.com.

StillSparkly is operated by Sparkly Empire LLC, based in San Francisco, California.