Custom Jewelry Terms of Purchase

Custom Jewelry Terms of Purchase

By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, by signing, and/or entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client” or “You”) agree to be provided with jewelry products by Kate Price (“Jeweler”), owner of Kate Rose Fine Jewelry (the “Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms of purchase:

GENERAL TERMS

1. The Jeweler will provide jewelry services for a custom design jewelry piece (the Jewelry) for Client. 
2. Client agrees to pay Jeweler a non-refundable $200 deposit to begin the design process.  This deposit will be applied towards the full price of the Jewelry.  
3. The Jeweler will provide initial designs along with a full price quote via email. This quote will be valid for fourteen (14) days as metal prices may vary.  The Client will have the opportunity to offer feedback during the initial consultation and the Jeweler may provide up to two (2) revisions. 
4. Within fourteen (14) days Client will approve of the final design, time of delivery, and payment schedule in writing via email. 

PAYMENT TERMS

1. Once the final quote has been accepted, fifty percent (50%) of remaining payment will be due as the first installment. Sales and other taxes may be included.
2. Client acknowledges that rush fees may be applied under certain circumstances.
3. Client agrees to make all payments according to the payment schedule as outlined via email or otherwise in writing. Even if the process is delayed due to non-communication or lack of Client feedback, Client agrees to make all payments on time.
4. Final payment is due upon completion of Jewelry and will include shipping costs if applicable.
5. Client acknowledges custom design jewelry is unique and Your Jewelry may appear differently than expected. No refunds or returns are permitted on custom jewelry pieces.

 CUSTOM DESIGN & CLIENT PROVIDED STONES

1. It is the Client’s responsibility to provide proper sizing. The Jeweler may send a sizing kit on request.
2.  If Jeweler requires Client feedback on design and Client is delayed in providing said feedback, the Jeweler reserves the right to revise delivery schedule.
3. Client provided gemstones may be accepted at Jeweler’s discretion. If You would like to use a pre-owned or already purchased stone, the Jeweler will approve on a case-by-case basis and this will be determined during the design process.
4. Should Client mail in (at Client’s cost and complete liability for any loss or damage through shipping) or hand deliver a gemstone or a piece of jewelry containing a gemstone to be used, the Client acknowledges that there is reasonable risk involved in removing stones from mountings and resetting stones. The Jeweler will assess any risk regarding Your stone and advise You on any foreseeable issues before moving forward with stone resetting.
5. By providing consent for the Jeweler to reset a pre-existing gemstone or refine any metal, the Client releases the Jeweler from any claims of damage or liability that may be incurred throughout the process, including damage by third-parties, and holds harmless the Jeweler against any stone damage due to stone flaws or existing stone cracks, chipping, flaws, or inclusions that may be discovered.
6. The Jeweler will not be responsible to check the quality and grade of stones provided by the Client.
7. Should the Parties agree that the Jeweler will refine gold or other metal pieces, the Client acknowledges that no cash value will be given to the Client and any value of said metals must be used towards other products or services provided by the Jeweler.

 DELIVERY AND PICKUP

1. For Delivery: The Jeweler will ship the final product to Client’s home upon request and a signature may be required. The Jewelry will be valued at the price paid and insured for it’s full value.  In the event the Jewelry is damaged upon delivery or goes missing, Client should notify the Jeweler within forty-eight (48) hours of delivery (or expected delivery) and the Company will work with Client to fix or replace the Jewelry.
2. For Pickup: Pickup may be arranged with the Jeweler based on a mutually agreed upon date and location.

REPAIRS + WARRANTY.

Clients who purchase Jewelry from the Jeweler will receive complementary repair work for any damages on your purchased items for six months, so long as the damage did not result from unusual or extreme wear or use (including but not limited to loss in drain disposal, catching on something, hit on something, lost at sea, run over by car, etc. and other acts of nature or other tools of man), and in accordance with this Agreement.  The Jeweler shall have the sole discretion to determine the extent of the damage on the Jewelry and may impose additional fees, as appropriate.  Please note that this warranty does not cover loss or theft of Jewelry, in part or in its entirety, and does not entitle Client to any replacements of center stones, regardless of how the center stones were lost, misplaced, or damaged.  This warranty also does not extend if your Jewelry has been re-sized or altered in any way by a third party without the express, written authorization of the Jeweler. Please note that no other warranties, written or oral, will be provided under these Terms.

APPRAISALS AND INSURANCE.

The Client acknowledges and understands that insurance for the Jewelry is their responsibility and should be obtained as soon as possible to insure against theft, loss, or damage. 

INTELLECTUAL PROPERTY RIGHTS.

In respect of the design and Company branding specifically created for the Client as part of this Agreement, the Jeweler maintains all of the copyright, and other intellectual property rights used or subsisting in the Jewelry. The Jeweler reserves the right to take photographs of the design and final product and Client agrees these pictures may be used for promotion, display, advertisement, internet use, or publication, unless this permission is revoked by the Client. 

DISCLAIMERS & RELEASE OF CLAIMS.

By purchasing or otherwise utilizing the Jewelry, the Client acknowledges that the Jeweler is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any Jewelry purchased. Due to the nature of jewelry design, the Jeweler cannot guarantee that the appearance of the Jewelry will be exactly as imagined or shown through designs. Imperfections or variations may occur naturally. These characteristics are not to be viewed as damages or defects. In no event will the Jeweler or the Company be liable to any party for any type of direct, indirect, special, incidental, or consequential damages. You hereby release the Jeweler and the Company from any and all claims including those related to personal or business interruptions, misapplication or information, or any other loss, condition, or issue.

FORCE MAJEURE.

In the event that any cause beyond the reasonable control of either Party, including without limitation acts of nature, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, country travel advisories, a pandemic as defined by the World Health Organization, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Party to perform its obligations under this Agreement, the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.

GOOD FAITH.

Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.

LIMITATION OF LIABILITY.

YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE JEWELRY. ADDITIONALLY, KATE ROSE FINE JEWELRY IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF KATE ROSE FINE JEWELRY. HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL KATE ROSE FINE JEWELRY CUMULATIVE LIABILITY TO YOU EXCEED $100. 

DISPUTE RESOLUTION.

If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association. he arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Santa Monica, California or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate. 

GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of California, regardless of the conflict of laws principles thereof.

ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.