Terms of Sale

Last Updated: December 4th, 2018

PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE SUBMITTING AN ORDER FOR PRODUCTS OR SERVICES THROUGH OUR WEBSITE.  THESE TERMS OF SALE REQUIRE MANDATORY ARBITRATION, JURY WAIVER AND CLASS ACTION WAIVER OBLIGATIONS FOR CERTAIN TYPES OF DISPUTES, AS REFERENCED IN SECTION 11.

These terms and conditions of sale (“Terms of Sale”) apply between you (“you”) and Forevermark US, Inc. (“us”, “we” or “our”) when you purchase products or services from our website located at www.forevermark.com/en-us/. These Terms of Sale apply in addition to our website Terms & Conditions and Privacy Policy, which are hereby incorporated by reference.  By ordering a product or service from us, you agree that you have read, understand and agree to these Terms of Sale and the website Terms & Conditions and Privacy Policy.

You must be a United States resident 18 years or older to place an order and purchase products or services through our website. Our website is solely for the promotion of our products or services in the United States. Unfortunately, we do not accept orders from, or deliver to, addresses outside the United States.

1. OUR CONTRACT WITH YOU

1.1 Our acceptance of your order will take place when we debit your payment method and send you an acceptance email, at which point a contract will come into existence between you and us.

1.2 We reserve the right to accept or reject orders at our discretion, to impose quantity limits on an order and to discontinue offering certain products or services without prior notice. A customer may not order more than 10 products at one time.  If we are unable to accept your order, we will inform you of this by email, and will not charge you for the product(s) or service(s) ordered. For example, we may not accept your order if the product or service you requested is no longer available.  For a return and refund after acceptance of your order, please see Section 5.

1.3  You acknowledge that our products and services are displayed and sold only for personal and gift purchase and use, not for business purposes. 

2. OUR RIGHTS TO MAKE CHANGES

We may make changes to these Terms of Sale at any time. If we make changes, we will post the amended Terms of Sale on our website and provide the date of the last update above and below. We encourage you to review these Terms of Sale prior to making any purchase through our website to ensure you understand the terms and conditions that apply to your purchase.

3. DESCRIPTIONS, PRICE AND PAYMENT

3.1 We attempt to provide accurate descriptions of the products and services offered through our website. However, we cannot guarantee that descriptions, photographs, drawings, colors, sizes, prices or other content on our website are accurate, complete, current or error-free, or will appear on your device as we intended. We reserve the right to correct or change any description at any time.  The purchase price of products or services will be the price indicated on the order page as part of the checkout process. All prices are shown in U.S. dollars. Sales taxes are included when you check out and will be calculated based on your delivery location and method. Prices displayed on the website may vary from those in our stores or from store-advertised prices. It is always possible that, despite our best efforts, some of the products or services we sell may be incorrectly priced. All prices are subject to change without prior notice.

3.2 You are responsible for any sales, use, duty and other governmental taxes or fees due with respect to your purchase of products or services. We will collect applicable taxes if we determine we have or are likely to have a duty to collect such taxes. We will present an estimate of taxes to be collected on the order page as part of the checkout process. The actual taxes charged may be adjusted from the amount shown at checkout. Several factors may cause this adjustment, such as variances between processor programs and changes in tax rates. We may not be required to collect taxes in your state.  Your purchases are not tax-exempt merely because we fail to collect tax.  If we have not collected applicable taxes, you may have an obligation to file a use tax return and pay any tax due.

3.3 By providing a credit card or other payment method accepted by us, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our payment processor) to charge your payment method for the total amount of your order, including any applicable taxes, shipping and handling, or other fees and charges. If the payment method cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or canceled. You must resolve any problem we encounter to proceed with your order.  Your payment must be debited from your payment method before your order is accepted.

4. SHIPMENT AND DELIVERY

4.1  Our standard shipping option is FedEx priority overnight, which we provide to you (together with handling) at no additional charge. Once you have provided delivery details and your order has been accepted, the delivery address cannot be changed. If you need to change the delivery address, please contact us using the details below, and we will work with you to cancel the order and place a new order.

4.2 Upon check-out, you will be presented with the option to use our In-Store Pickup Service at an Authorized Forevermark Jeweler of your choice.  Your order will be delivered to the Jeweler for you to pick up at the store.

4.3  If your order is received before 12:00 pm (noon) Eastern Time (“ET”) on a business day, we will start to process  your order that day. For any orders received after 12:00 pm (noon) ET or on a Saturday, Sunday or holiday, we will start to process your order the next business day.  If a product is in stock, you can expect that your product will be shipped within 5 - 7 business days from the day we start to process your order. If a product is not in stock or will need to be custom made, the estimated shipping date will be displayed to you on the order page prior to completion of your order, and is not expected to be beyond 30 days from receipt of your order.  Delivery usually will be one business day after the shipping date. 

4.4 We will not be liable for any events outside our control including delays in shipping, but if we become aware that there will be a delay in beyond the stated shipping date, we will contact you to ask if you prefer to consent to the delay or cancel the order and receive a refund.  In addition, you may contact us to cancel your order and request a refund for any products you have paid for but not received by the anticipated delivery date.

4.5 FedEx is a third-party courier company that delivers our products and requires a signature upon delivery. You will receive an email on the day that your order leaves the warehouse giving you the date and estimated time of the delivery, with tracking information. If no one is available at your address to accept the delivery, the courier company will leave you a note informing you of how to arrange re-delivery. If, despite our reasonable efforts, we are unable to contact you or arrange re-delivery, we may cancel your order.  We will notify you by email in the event we cancel your order under these circumstances.

4.6 Unless we state otherwise, risk of loss or damage to a product passes to you once the product is delivered to the address you gave us and a signature is obtained for the delivery.

5. REFUNDS AND RETURNS

5.1 Our hope is that you are satisfied with your Forevermark purchase. However, you may return a product and receive a full refund, provided that the product is returned unworn, in its original condition, inside the original packing and shipping materials and with all the original documents, including the inscription card and grading report, within 30 days of the date that the product was delivered to you. We do not currently offer exchanges, so if a new item is required, please return your item by following the process described below, and then place a new order for the replacement product. (For return of gifts, please see Section 5.4.)

5.2 To begin the returns process, please contact us at support@forevermark.com. You will be guided through the returns process, which requires you to inform us of your order number, account holder email address and the product you wish to return. You can find the necessary information about your order on the shipping statement that arrives in your Forevermark package. Once you have contacted us about your return, we will send you a prepaid FedEx return label which you can use to return the product. Your product must be placed back into the original packaging and shipping box and have all the original documents it was shipped with prior to you shipping it back to us. Include one original shipping statement inside the box. Your order will arrive with two copies of the shipping statement, so in the event of a return you can keep one copy for your records. Please ensure your personal details (name, telephone number, and email) are filled out on the shipping statement. Please ensure you receive a receipt from FedEx  when you ship back your product, as we are unable to issue refunds for products that we do not receive unless you have a receipt showing shipment to us via FedEx. We accept no liability for any items that might be lost in transit or not received should you choose an alternate shipment method.

5.3 Refunds for properly returned products will be credited to your original payment method. We reserve the right to reject any returns that do not meet the conditions of this Section 5. If non-conforming returns are sent to us, we will return these items to you. Please contact us with any questions about returning defective or faulty products. We will determine whether to accept returns for defective or faulty products in our sole discretion. In the event we agree to accept the return, the defective or faulty products should be returned inside the original packing and shipping materials and with the original documents, including the inscription card and grading report, where possible. Refunds will be processed within 10 business days from the day that we receive a product that we accept for return. We cannot issue credit for returns of products purchased from one of our Authorized Forevermark Jewelers, nor can products bought online be returned in-store in exchange for merchandise.

5.4  For returns of products delivered using our In-Store Pickup Service, you may return the item to the same Authorized Forevermark Jeweler you used for the In-Store Pickup Service.  The item must be returned unworn, in its original condition, inside the original packing and shipping materials and with all the original documents, including the inscription card and grading report, within 30 days of the date that the product was delivered to you.  The store will handle shipping the item back to us.  Upon receipt, we will check for authenticity and condition of the item, including any damage.  Once we accept an item for return, we will process your refund.  We usually issue refunds within 7-10 business days after we accept the item for return.  The Authorized Forevermark Jeweler cannot issue a store credit.

5.5  For returns of products purchased online as a gift, please contact us at support@forevermark.com and you will be guided through the returns process.  Follow the steps for returns as provided in Section 5.2. Upon our acceptance of the product returned to us, we will issue an online gift card to you which will be charged with the value of your returned item. The online credit is valid for your use within one year of the issue date.  The online credit may only be applied to purchases on this website.  We cannot issue cash or credit your payment method for returns of gifts purchased online.

6. GIFT AUTHORIZATION

If you order a product or service as a gift to be sent to a third party, you represent that you are authorized to provide us with the name and address of the recipient, and you authorize us to provide your name and address to the recipient. If we provide the opportunity for you to include a message with the gift, you are entirely responsible for the content of the message and agree that your message will not include infringing, harassing, defamatory, vulgar, threatening or other offensive content.  We have no obligation to review the content of any message, but if we choose to do so, we may refuse to include or print any message in our sole discretion.

7.  DISCLAIMER AND LIMITATION OF LIABILITY

7.1 Your use of the products or services sold through our website is at your sole risk. Except as otherwise provided in a writing by us, the products and services are provided on an “as is” and “as available” basis. To the extent permitted by law, we disclaim and exclude all conditions, warranties, representations or other terms, which may apply to the products or services, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

7.2  To the maximum extent permitted by law, we and our affiliates, subsidiaries, parent entities, and each of our directors, officers, agents, contractors, partners, employees, successors and assigns (individually and collectively, ”Forevermark Parties”) will not be liable to you under any theory of liability—whether such losses arise in contract, tort (including negligence), warranty or otherwise—for any indirect, consequential, incidental, or special damages or lost profits, even if Forevermark Parties have been advised of the possibility of such damages. In any event, the total liability of the Forevermark Parties for any claim arising out of or relating to these Terms of Sale or products or services made available for sale through our website, regardless of the form of the action, shall not exceed $1,000.

7.3 Nothing in these Terms of Sale will limit or exclude any liability that cannot be excluded or limited by applicable law. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

8. PRIVACY

For details regarding how we collect, use, share and otherwise process personal information, see our Privacy Policy.

9. DISPUTE RESOLUTION; BINDING ARBITRATION; CLASS ACTION WAIVER 

9.1 Disputes arising from these Terms of Sale and the purchase and sale of products or services through our website are subject to the dispute resolution provisions contained in our Terms & Conditions, including the mandatory arbitration provision and class action waiver for certain types of disputes.

9.2 Any dispute arising from these Terms of Sale and the purchase and sale of products or services on our website will be governed by and construed and enforced in accordance with the laws of Delaware, without regard to conflict of law rules or principles (whether of Delaware or any other jurisdiction) that would cause the application of the laws of any other jurisdiction, and except as to matters relating to arbitration, which shall be governed by the Federal Arbitration Act. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Delaware and the United States, respectively, sitting in New Castle County, Delaware.

10. OTHER IMPORTANT TERMS

10.1 We may transfer our rights and obligations under these Terms of Sale to another organization, but your rights or obligations under these Terms of Sale will continue.

10.2 If we fail to insist that you perform any of your obligations under these Terms of Sale, or if we do not enforce any of our rights against you, or if we delay in doing so, that will not mean that we have waived any of our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

10.3 Each of the provisions of these Terms of Sale operate separately. If any arbitrator, court or other competent authority decides that any provision or part of a provision of these Terms of Sale is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms of Sale and does not affect the validity and enforceability of any the remaining provisions. Other than as expressly set out in these Terms of Sale, no third party is intended to have any right or ability to enforce any of the provisions of these Terms of Sale.

10.4 The section titles in these Terms of Sale are for convenience only and have no legal or contractual effect. The word “including” as used in these Terms of Sale means “including without limitation”.  These Terms of Sale, the website Terms & Conditions, and the Privacy Policy constitute the entire agreement and understanding between you and us relating to the subject matter of these Terms of Sale and supersede any prior agreement or understanding between you and us relating to the subject matter of these Terms of Sale.

10.5 You acknowledge that you have not entered into these Terms of Sale in reliance on, and shall have no remedies in respect of, any representation or warranty that is not expressly set out in these Terms of Sale (other than in respect of any fraudulent misrepresentation).

11.CONTACT US

Questions and comments regarding these Terms should be sent to: support@forevermark.com

 

These Terms of Sale were last updated on December 4th, 2018.