Terms of Service Agreement
Alysha Whitfield Jewelry
Custom, Made-to-order & Ready to Ship 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 Alysha Whitfield(“Jeweler”), owner of Alysha Whitfield Jewelry, LLC (the “Company”), and you are entering into a legally binding agreement with the Company, subject to the following Terms of Purchase:
a. Jeweler will provide jewelry services for a custom design and/or made-to-order jewelry piece (the Jewelry) for Client.
b. When creating a custom design, the client agrees to pay Jeweler a non-refundable deposit to begin the design process. This deposit will be applied towards the full price of the Jewelry.
c. 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.
d. Within fourteen (14) days Client will approve of the final design, time of delivery, and payment schedule in writing via email.
e. Should Client decline to proceed with the Jewelry, the non-refundable deposit is forfeited and may not be applied towards another product or service.
2. CUSTOM JEWELRY: PAYMENT TERMS AND REFUND POLICY.
a. Once the final quote has been accepted, the total remaining balance will be due. Sales and other taxes may be included.
b. Client acknowledges that rush fees may be applied under certain circumstances.
c. 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.
d. Client acknowledges made-to-order and custom design jewelry is unique and Your Jewelry may appear differently than expected. No refunds or returns are permitted on custom jewelry pieces.
3. MADE-TO-ORDER JEWELRY: PAYMENT TERMS AND REFUND POLICY.
a. Upon execution of this Agreement, Customer agrees to pay to the Company the purchase amount as stated on the Website.
b. Due to the customized nature of this work, made-to-order jewelry is non-returnable and non-refundable.
c. In the event the Jewelry is damaged upon delivery, Customer should notify the Company immediately and the Company will work with Customer to receive a full refund, exchange, or credit. The damaged Jewelry must be reported within twenty-four (24) hours of delivery to Alysha@alyshawhitfield.com
4. READY-TO-SHIP JEWELRY: PAYMENT TERMS AND REFUND POLICY
a. Upon execution of this Agreement, Customer agrees to pay to the Company the purchase amount as stated on the Website.
b. 5-Day Guarantee.
i. If Customer is not fully satisfied with the purchase of the Jewelry, the Company provides free return or exchange of the Jewelry.
ii. Customer must notify the Company within five (5) days and the Company will work with the Customer to receive a full refund, exchange, or credit, less shipping and handling charges.
iii. All Jewelry returns within the five (5) day period must be in original condition, in the original box, and with all original packing material.
iv. Non-compliance with the above Terms, or any wear and tear of the Product, may result in denial of return.
c. In the event the Jewelry is damaged upon delivery, Customer should notify the Company immediately and the Company will work with Customer to receive a full refund, exchange, or credit. The damaged Jewelry must be reported within twenty-four (24) hours of delivery to Alysha@alyshawhitfield.com.
5. CUSTOM DESIGN & CLIENT PROVIDED STONES.
a. It is the Client’s responsibility to provide proper sizing. The Jeweler may send a sizing kit on request.
b. If Jeweler requires Client feedback on design and Client is delayed in providing said feedback, the Jeweler reserves the right to revise delivery schedule.
c. 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.
d. 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.
e. 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.
f. Should the Parties agree that the Jeweler will refine gold or other metal pieces, the Client acknowledges that no cash value will be given (unless otherwise discussed in writing) to the Client and any value of said metals must be used towards other products or services provided by the Jeweler.
6. DELIVERY AND PICKUP.
a. For Delivery: The Jeweler will ship the final product to the address the Client provided and a signature may be required. The Jewelry will be valued at the price paid and insured for its full value. In the event the Jewelry is damaged upon delivery or goes missing, Client should notify the Jeweler within forty-eight (24) hours of delivery (or expected delivery) and the Company will work with Client to fix or replace the Jewelry.
b. For Pickup: Client agrees to pick up the Jewelry from Jeweler’s place of business within ninety (90) days or Client forfeits the Jewelry and the Jeweler reserves the right to sell to other customers.
7. REPAIRS + WARRANTY. Clients who purchase Jewelry from the Jeweler will receive a lifetime warranty against manufacturing defects and well as complementary repair work for any damages on your purchased items for one (1) year, 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.
8. APPRAISALS AND INSURANCE. The Jeweler will provide a complimentary appraisal of the Jewelry. 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.
9. 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.
10. 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
11. 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.
12. 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.
13. 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, ALYSHA WHITFIELD JEWELRY, LLC 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 THE ALYSHA WHITFIELD JEWELRY, LLC 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 ALYSHA WHITFIELD JEWELRY, LLC CUMULATIVE LIABILITY TO YOU EXCEED $100.
14. 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. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Raleigh, North Carolina 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.15. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of NORTH CAROLINA, regardless of the conflict of laws principles thereof.16. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.