Juwelo | Terms of Sale

Juwelo USA, Inc.

Terms and Conditions of Sale

These terms and conditions (these “Terms”) set out the terms on which Juwelo USA, Inc. (“Juwelo,” “we” or “us”) supply to you any of the products (“Products”) listed for sale via our websites, including the website located at www.juwelo.com, and, if applicable, any software and mobile applications, or other future information and distribution channels (collectively, the “Site”) or ordered by you via mail or facsimile. Please read carefully and understand these Terms before ordering any Products from us. By ordering any of our Products, you agree to be bound by these Terms and these Terms will apply to any Order between you and us for the supply of Products.

If you have difficulty in understanding any of these Terms or have any other queries, please contact our customer services team at Customer Service, who will be happy to assist.

1. Authorized Users

Our Site is only intended for use by people resident in the United States. We do not accept orders from individuals outside this country, unless otherwise agreed by us in writing.

Our Site may not be used by persons under the age of 18 years or by temporarily or indefinitely suspended users. You may only purchase Products if you are over the age of 18 years old. By placing an order through the Site, you warrant that you are over 18 years old and also warrant that you are placing the order as a consumer, i.e. an individual acting outside his or her business. If we discover that you have not complied with the above warranty or conditions of use, we shall be entitled to terminate the Order between us and to pursue any legal or equitable remedies available to us.

2. Account Registration

You are required to create an account in order to purchase products or services through the Site. You must provide your real name, address and other information requested in connection with the account set-up and payment process. It is your responsibility to maintain in the security of your username and password and you agree to notify us immediately at 1-888-471-7614, upon any unauthorized use of your account or breach of your account information or password. Juwelo is not liable for any such unauthorized use or breach. Please note that your payment information and related data are transferred in accordance with these Terms. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure and while we strive to protect your personal information, Juwelo cannot ensure or warrant the security of any information transmitted to or from the Site which you do at your own risk. You are always welcome to fax, call or to mail your order to us at any time, in lieu of on-line ordering.

3. How We Use Your Personal Information

We only use your personal information received in connection with orders in accordance with our Privacy Policy. Please take the time to read our Privacy Policy, as it includes important terms which apply to you.

4. Hours of Site Operation

You may order Products either by telephone or via our site. Our call center currently is open 5 days a week from Monday to Friday between 3 am and 11 am EST.

We have a ceiling limit on the value of orders that may be accepted when ordering through the Site. If you experience any problems with online Product orders, our customer services team will be more than happy to take the order over the telephone.

5. Ordering Process

Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process. Your order for a Product once submitted (each, an “Order”) constitutes a binding offer to buy the Product and once we have accepted your Order, your Order is a legal contract, binding upon you, and subject to cancellation or refund only in accordance with Section 7.

We reserve the right to reject any order for any reason whatsoever.

Your credit card will be charged and you will receive an e-mail from us as an acknowledgement of receipt of your Order. You will receive a second email from us confirming that we have accepted your Order and the Product is ready for shipment or has been shipped (“Order Confirmation”). In some instances (for example where you have not provided an email address), you will not receive an Order Confirmation electronically, but we will provide an Order Confirmation in the invoice and paperwork accompanying your Order. Your Order Confirmation will set out the following information:

• description of the Product ordered;

• the price of the Product ordered (including delivery and any packaging charges), including all sales and other taxes or charges;

• details of your right to cancel the order (see further at Section 7 below) and will include a cancellation form;

• our contact details; and any warranties and guarantees.

6. Special Order Terms for Creation Products

The following additional terms apply for "Creation" products as follows:

• The "Creation" jewelry orders are those placed by you for Products with your specific requirements; you select color of gold, White, Yellow or Rose and size 6,5 - 13 that you would like your ring to be made in. Where an item is set in Silver you can only select your ring size. Your order is then processed and made in our workshop in Thailand.

• The gold weight shown for rings will be based on the gold weight of a size N.

• Where an item is described as Gold, the item will only be available in Gold.

• Where an item is described as Silver, the item will only be available in Silver. You select your size.

• If there are any delays/stock does not arrive at Juwelo, we will advise you by telephone, email or post.

• If you place more than one “Creation” Order in one day then you will still only be charged one set of postage and packaging if shipment is to the same “ship to” address. All non-"Creation" Products ordered on the same day as

"Creation" Products and shipped to the same “ship to” address will be sent within our usual time period with no additional postage and packaging charges.

The binding Order will relate only to those Products whose shipment (or availability for shipment) we confirm in the Order Confirmation. We will not be obliged to supply the remaining Products which may have been part of your Order until the shipment of such Products has been confirmed in a separate Order Confirmation.

Following Order Confirmation, if we are unable to supply you with a Product, for example because that Product is not in stock or no longer available, or because we cannot meet your requested delivery date, or because of an error in the price of the Product as shown on our Site (see Section 10), we will inform you of this by e-mail, or telephone call and we will not process your order. If you have already paid for the Product, we will refund you the full amount including any delivery costs charged as soon as possible but at least within 30 days.

7. Returns Or Cancellations

You may reject any Product which is delivered in a damaged condition or which does not conform in all material respects to the quantity, quality, standards or description shown on your Order (if listed or shown). Although Juwelo makes commercially reasonable efforts to display Products (including size, shape, and color, and other descriptive information) as accurately as possible, we cannot guarantee accuracy. It is also possible for Products to be out of stock or discontinued and prices displayed may change at any time. We are not responsible for typographical or other errors regarding price or any other matter. We emphasize that due to the nature of the jewelry products which we supply, it will rarely be the case that Products conform exactly to images on our Site. Images on our Site are generic and no two gemstones are the same. For this reason, you acknowledge that the quality, standards and description of the Products shown on your Order cannot be exact and should be relied upon for guidance purposes only. Your ability to return Products will be judged on this basis.

Please also note that some gemstones in our Products have been enhanced to improve their appearance, durability, value or availability through processes other than cutting. You can learn what enhancements are applied as well as any special care instructions at Enhancement & Care of Gemstones. This will of course affect the description, quality and standards of any Product which you order.

You may cancel an Order at any time from the date of the Order Confirmation up to the end of the 14th day after the day of delivery of the ordered Product to your “ship to” address. For example: if you receive an Order Confirmation on January 1st and the Product is delivered on January 10th, you may cancel at any time between January 1st and close of business on January 24th. To cancel an Order, you must notify us in writing of your intention to cancel. The easiest way to do so is to complete the cancellation form [link] which will also have been provided with the Order Confirmation. If you use this method we will email you to confirm we have received your cancellation request. Alternatively, you can email us at Customer Service or contact our customer services team at 1-888-471-7614 If you send us your cancellation notice by email, then your cancellation is effective from the date we receive the email or letter. Cancellation by phone will be effective from the date we accept the call. Please note that the cancellation rights set forth in this Section do not apply to our Products that are clearly personalized. Where your Order is for such a Product, you do not have any right to cancel the Order. In all cases where you wish to return a Product (whether a cancellation or for being defective), you must:

• take reasonable care of it at all times until it is returned to us;

• not have broken or disturbed any seal protecting a Product for health or hygiene reasons. This is part of your duty to take reasonable care of a Product prior to cancellation and we require this purely for hygiene reasons, particularly in the case of earrings. You may remove all other packaging. All seals are designed in a way that you have a reasonable opportunity to inspect and assess any Product in full without removal of seals, security packaging or identification tags (whichever is applicable);

• take reasonable care to see that they are received by us and not damaged in transit; and

• return it to us at your own cost without undue delay and in any event no later than 14 days after the day on which you let us know that you wish to cancel the Order. You should return all Products to the return address provided with the Order Confirmation.

When you return a Product to us in accordance with the requirements of this Section, we will issue a refund as follows:

• Right of Cancellation Exercised: where you have validly returned a Product under your right of cancellation described in this Section 7, we will refund the full amount paid by you for the Product, including the cost of delivery to you. The maximum refund of costs of delivery will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we inform you that a Product will be delivered to you within 2-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option. Please also note that we may reduce your refund to reflect any reduction in the value of the Product, if this has been caused by your handling of the Product in a way contrary to the conditions specified in this Section 7 or which would not be permitted in a brick and mortar location. If we refund you the price paid before we are able to inspect the Product and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount. You will be responsible for returning the Product to us at your own cost

• Defective Products: where you have validly returned a Product to us because it is defective or for some other reason for which we are responsible, we will inspect the Product and, where that Product is defective, either repair or replace the Product or, if not possible, refund the full amount paid by you for the Product together with any applicable delivery charges and the reasonable cost incurred by you in returning the Product.

• Other Returns: where you have returned a Product in circumstances other than as described above (which includes rejecting a non-defective Product outside the cancellation period or returning a defective Product outside a reasonable period of time after receipt), any repair, replacement or refund will be at our sole discretion. If we do agree to provide a repair, replacement or refund, we will not refund the cost of delivery to you and we will not reimburse the cost incurred by you in returning the Product.

• We will process any refund due to you within the deadlines below:

(a) if you have received the Product: 14 days after the day on which we receive the Product back from you or,

(b) if you have not received the Product: 14 days after you inform us of your decision to cancel the Order.

• We will refund you on the credit card or debit card used by you to pay.

• You may elect to receive a credit instead of a refund and this will be applied to your Juwelo account.

Each Product comes with a 6 month dated warranty that is separate and in addition to our obligations stated herein. In this case if you return a Product based on a warranty defect within the 6 month period we can offer you a full refund/replacement if feasible or credit to your account at your option. If the Product has been broken through use then the warranty is void. If it is returned outside of the warranty period we will not accept the return.

Cancellation form

8. Availability And Delivery

Your order will be fulfilled on or about the delivery date set out in the Order Confirmation or, if no delivery date is specified, then within 30 days of the date of your Order. Occasionally our delivery may be affected by an Event Outside Our Control (see Section 13 for what happens in this case). If a Product (or substitute product) is unavailable so that we cannot deliver it to you within 30 days of your Order Confirmation, we will contact you and either mutually agree a later delivery date or permit you to cancel the Order, in which case we will refund all monies paid in accordance with our refund policy above. Products that are dispatched by our nominated carrier will require a valid signature as proof of delivery.

9. Risk And Title

The Products will be at your risk from the time of delivery of them at the address set out in the Order Confirmation. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges and sales and other taxes.

10. Price And Payment

The price of any Products will be as quoted on our Site at the time of your order. On occasion, there may be an error in the price of Products which will be dealt with as set out below.

These prices include sales tax but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Guide.

Payment for all Products must be by a valid credit or debit card. We currently accept the following payment providers: Visa, Mastercard, and American Express.

We carry a large number of Products. It is always possible that, despite or reasonable efforts, some of the Products shown on our Site or TV Channel may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your Order. We will not process your Order until we have your written instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the Order as cancelled and notify you in writing. We are not required to provide the Products to you at the incorrect (lower) price.

11. Nomenclature

The World Jewellery Confederation (CIBJO or Confération Internationale de la Bijouterie, Joaillerie, Orférerie, des Diamants, Perles et Pierres) is the organization that records accepted trade practices and nomenclature for the global gem and jewelry industry. We are bound by the codes of conduct of the British Jewellers' Association and the International Coloured Gemstone Association, both of whom are members of CIBJO. These Associations' websites are www.bja.org.uk and www.gemstone.org respectively, where you can find further information on these codes of conduct. While we sometimes use our own prefixes to describe a gemstone's origin, color or quality, these do not conflict with accepted trade practices.

12. Written Communications And Notices

We will mainly communicate with each other electronically, such as by email. Applicable laws may require that some of the information or communications we send to you should be in writing, for which purpose we both agree that electronic communications will suffice. This paragraph does not affect your statutory rights.

All notices given by one of us to the other must be given in writing and delivered by hand, mail, fax or email. Notices to us should be given in accordance with the details in Section 16 below. Notices to you may be given to the email address or the postal address provided when you placed your Order.

13. Events Outside Our Control

Other than with respect to payment obligations, neither of us shall be liable to the other for any delay or non-performance of our respective obligations under the Agreement to the extent that performance is interrupted or prevented by any act or event beyond our reasonable control (an Event Outside Our Control).

If an Event Outside Our Control takes place that affects the performance of our obligations regarding an Order:

• we will contact you as soon as reasonably possible to notify you; and

• our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

You may cancel an Order affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, we will refund the price you have paid, including any delivery charges

14. Miscellaneous

If either of us does not insist upon strict performance of any of the other's obligations under the Contract or any of these terms, or if either of us does not exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve the other of us from compliance.

If the whole or any part of the terms of these terms and conditions prove to be illegal or unenforceable the remainder of the terms and conditions shall remain in full force and effect.

Juwelo reserves the right to suspend ordinary privileges of customers who have a level of returns and/or cancellations that we deem to be very high. This is to ensure that the cost to Juwelo of dealing with high levels of returns by a small minority of customers is not negatively impacted on the great prices that we are able to currently provide our customers. Further, we reserve the right to close the customer’s account. In such event, all orders accepted by us prior to the decision to suspend or close the account will be fulfilled in accordance with the Order Confirmation and these Terms will continue to be honored. The final decision on closing an account with an unusual high level of returns stays entirely with Juwelo.

We may transfer our rights and obligations under an Order to another organization, but this will not affect your rights or our obligations under these Terms.

You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

The Order is between you and us and our assignees permitted under these Terms. No other person shall have any rights to enforce any of its terms other than our parent company or any successor to our business.

15. Law And Jurisdiction

Orders for the purchase of Products through the Site will be governed by Delaware law. Any dispute arising from, or related to, such Orders or these Terms generally shall be subject to the exclusive jurisdiction of the courts of Delaware, provided that we may seek injunctive or equitable relief in any court of competent jurisdiction. The language of these Terms and all Orders shall be English. We each agree to waive all right to a jury trial in connection with disputes between us.

16. Contacting Us

If you wish to contact us for any reason, other than in connection with a return or cancellation (which is addressed in Section 7, Please telephone our customer service team at 1-888-471-7614. You may also e-mail us at Customer Service.

If we have to contact you we will do so by e-mail, telephone or by pre-paid mail using the information you provide to us in your Order.

17. Our Right To Vary These Terms And Conditions

We reserve the right to modify these Terms at any time, with the latest copy available on our Site.

Every time you order Products from us, the Terms and Conditions of Sale in force at the time of your Order will apply.