ADAM’S JEWELRY NETWORK ONLINE STORE
TERMS AND CONDITIONS
IN MAKING A PURCHASE ON OUR WEBSITE, WE WANT YOU TO EXPERIENCE THE BEST CUSTOMER SERVICE AND SATISFACTION WITH YOUR PURCHASES. TO MAINTAIN THE GOOD REPUTATION OF OUR STORE, WE HAVE CREATED A SECURE SITE TO MAKE PURCHASES, EXCHANGES, AND TO PROVIDE FOR A REASONABLE RETURN OF MERCHANDISE POLICY.
PLEASE READ THESE TERMS AND CONDITIONS OF MERCHANDISE SALES VERY CAREFULLY. THE TERMS AND CONDITIONS OF MERCHANDISE SALES ARE LIMITED TO THOSE CONTAINED HEREIN. ANY ADDITIONAL OR DIFFERENT TERMS IN ANY FORMS DELIVERED BY YOU ("CUSTOMER") ARE HEREBY DEEMED TO BE MATERIAL ALTERATIONS AND NOTICE OF OBJECTION TO THEM AND REJECTION OF THEM IS HEREBY GIVEN.
BY ORDERING MERCHANDISE HERE ON ADAM’S JEWELRY NETWORK WEB SITE, CUSTOMER AGREES TO BE BOUND BY AND ACCEPTS THESE TERMS AND CONDITIONS OF MERCHANDISE SALES UNLESS CUSTOMER AND ADAM’S JEWELRY NETWORK HAVE SIGNED A SEPARATE AGREEMENT, IN WHICH CASE THE SEPARATE AGREEMENT WILL GOVERN. ANY GENERAL DESCRIPTION OF THE TYPES OF MERCHANDISE POSTED ON THE WEBSITE DO NOT CONSTITUTE PART OF THE AGREEMENT BETWEEN ADAM’S JEWELRY NETWORK AND CUSTOMER.
IMPORTANT INFORMATION ABOUT THESE TERMS AND CONDITIONS OF MERCHANDISE SALES
These Terms and Conditions of Merchandise Sales constitute a binding contract between Customer and the ADAM’S JEWELRY NETWORK. Customer accepts these Terms and Conditions of Merchandise Sales by making a purchase, placing an order or otherwise shopping on ADAM’S JEWELRY NETWORK Website (the "Site"). These Terms and Conditions of Merchandise Sales are subject to change without prior notice and at any time, except that the Terms and Conditions of Merchandise Sales posted on the Site at the time Customer places an order will govern the order in question, unless otherwise agreed in writing by ADAM’S JEWELRY NETWORK and Customer.
Customer may issue a purchase order for administrative purposes only. Additional or different terms and conditions contained in any such purchase order will be null and void. Customer agrees that the Terms and Conditions of Merchandise Sales contained herein and in ADAM’S JEWELRY NETWORK invoice or other ADAM’S JEWELRY NETWORK documentation will control. No course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of these Terms and Conditions of Merchandise Sales or any purchase order or invoice related thereto.
All women's and men’s rings are a variety of sizes. Any size changes are made according to the client's specific request and are at NO additional cost to Customer. The costs of resizing women’s rings bought from other companies $15.00 and up depending on the ring. The costs of resizing men’s rings bought from other companies $15.00 and up depending on the ring.
Any request for change in size will result in the delivery of merchandise 5 business days later than then anticipated original delivery date. We reserve the right to refuse to change the size in certain women’s and men’s rings. If such circumstance arises, the customer will be promptly informed and an opportunity will be given to change the order.
ADAM’S JEWELRY NETWORK provides an option for certification of diamond rings. When Customer desires such certification, a request must be made at time of placing the order. The absence of any such request at the time of the order will result in the merchandize being sent without any certification. Such documentation cannot and will not be provided after the merchandise is sent. All requested certifications will specify the class and price of merchandises from our website. An order for merchandise with certifications may delay the delivery date for an additional 20 business days. If you have any questions about the quality of diamonds available on our website, please contact our stores at Stroudsburg, PA: (570) 420-0672 or via e-mail at email@example.com
Engraving on purchased merchandise is available at no cost to Customer provided certain conditions are met. Engraving can be performed on rings wider than 3mm and will be made in a printed or scripted font. The font size will be adjusted to the width of the shank. In the case of rings with comfort-fit, the engraving will be made smaller than in the standard rings.
Here are several samples:
Names of loved ones can be engraved as such:
“Maria 09.08.08” or “I love you”
Due to certain constraints in some rings or jewelry, only a date or initials can be engraved. In the narrow shankss of rings or other jewelry, the font will be small.
By way of example, in the case of medallions, most will have space for engraving the following:
If the content of the engraving contains an error due to ADAM’S JEWELRY NETWORK fault, the correction will be made at no cost to the customer within approximately 7 business days. However, if an error occurs through no fault of ADAM’S JEWELRY NETWORK, ADAM’S JEWELRY NETWORK will perform corrections within approximately 7 business days for an additional fee of $20.00.
Notwithstanding the above, ADAM’S JEWELRY NETWORK reserves the right to refuse to perform engraving for the Customer or to limit the number of printable characters. Upon such decision, the Customer will be promptly informed of such refusal or limitation and will be given an opportunity to change or terminate the order.
Title; Risk of Loss
If Customer provides ADAM’S JEWELRY NETWORK with Customer’s carrier account number or selects a carrier other than a carrier that regularly ships for ADAM’S JEWELRY NETWORK., title to merchandise and risk of loss or damage during shipment passes from ADAM’S JEWELRY NETWORK to Customer upon shipment from ADAM’S JEWELRY NETWORK facility or vendor facility (F.O.B. Origin, freight collect). For all other shipments, title to merchandise and risk of loss or damage during shipment passes from ADAM’S JEWELRY NETWORK. to Customer upon receipt by Customer (F.O.B. Destination, freight prepaid and added). ADAM’S JEWELRY NETWORK. retains a security interest in the merchandise until payment in full is received. Customer will be responsible for all shipping and related charges. ADAM’S JEWELRY NETWORK. retains ownership rights of design of its merchandise.
All merchandise on ADAM’S JEWELRY NETWORK website comes with a standard maintenance plan. At no extra cost to our Customer. This plan includes a visit to our shop every 6-8 weeks which our jeweler will inspect the stones, tighten the prongs, polish, ultrasonic cleaning and hot steam. A replacement of any side stone up to .01 points will be free of charge. ADAM’S JEWELRY NETWORK is not responsible for any center stones damaged or lost after the purchase. This maintenance plan does not cover any mechanical defects, repairs performed at other jewelers, losses or damage to the settings of the stones, visible dents, scratches, lost or scratched stones, broken chains, cracked clips, broken pins in bracelets, or cracked springs in clasps.
Pricing Information; Availability Disclaimer
All pricing is subject to change before or after the sale. ADAM’S JEWELRY NETWORK. reserves the right to make adjustments to pricing and merchandise for reasons including, but not limited to, changing market conditions, merchandise discontinuation, merchandise unavailability, manufacturer price changes and errors in advertisements. All orders are subject to merchandise availability. Therefore, ADAM’S JEWELRY NETWORK cannot guarantee that it will be able to fulfill Customer’s orders. Some items will need additional time for shipping.
Customer’s Representations and Warranties
Customer represents and warrants that: (a) Customer is at least 18 years of age; (b) Customer possesses the legal right and ability to enter into this Agreement and make the credit card charge on their own behalf or on behalf of any person for whom the Customer is acting as an agent; and (c) all information submitted by Customer to ADAM’S JEWELRY NETWORK. is true, accurate and current.
ADAM’S JEWELRY NETWORK does not make REFUNDS, exchanges only within one week of purchase.
Please return all merchandise 100% complete. This includes manufacturer’s or ADAM’S JEWELRY NETWORK packaging, UPC label, if applicable, packing materials, all manuals, and accessories, if any. If a timely return is made, a exchange, after deduction of the costs of delivery, will be made only if returned merchandise is (a) sent in original packaging, (b) has no visible signs of wear or usage, (c) has original price tags, (d) the size was not altered, (e) the merchandise has not been engraved, (f) no custom work was done on the merchandise, (g) and the merchandise is not in any way damaged. When exchanging jewelry with diamonds, the merchandise will be carefully inspected by our expert gemologists.
Return privileges are also contingent upon various manufacturer policies. ADAM’S JEWELRY NETWORK reserves the right to decline exchange requests based on those policies. Please verify policies for specific items with Customer Service at ADAM’S JEWELRY NETWORK.
Please contact ADAM’S JEWELRY NETWORK. Customer Service at Stroudsburg, PA: (570) 420-0672, or via e-mail at firstname.lastname@example.org
to obtain a Exchange Merchandise Authorization (EMA) and the correct return address before shipping merchandise back. This will expedite and help ensure the proper action or credit upon processing. The purchased merchandise will need to be returned to 107 Brown Street, Suite 400 East Stroudsburg PA 18301.
In order to expedite a exchange, please have the following information on hand when requesting an EMA: (a) individual or company name, (b) order number, (c) merchandise description, (d) reason for return, (e) action to take (replacement/repair/return/credit), and (f) whether the box has been opened or is manufacturer sealed, if applicable. Please do not write on or damage the merchandise box/packaging.
Customer is responsible for return shipping charges to ADAM’S JEWELRY NETWORK for all merchandise being shipped back. Merchandise exchanged will be shipped using the same shipping method as was requested by Customer to ship the original merchandise unless otherwise specified.
Customer is responsible for all risk of loss and damage to merchandise being shipped back to ADAM’S JEWELRY NETWORK and/or its vendors. Please fully insure exchange shipment in case of loss or damage. Please use a carrier that is able to provide you with proof of delivery such as UPS, Federal Express or DHL. This is for your protection as well as to ensure quick action on your exchange.
Failure to exchange merchandise within the applicable exchange period will be deemed to be an acceptance of the merchandise.
If Customer receives damaged merchandise, please refuse the merchandise upon original delivery attempt. If damaged merchandise are accepted from the carrier, such damage should be noted on the carrier delivery record. Please save the merchandise and the original box/packaging and notify ADAM’S JEWELRY NETWORK. immediately to arrange for a carrier inspection and a pick up of damaged merchandise. Please notify ADAM’S JEWELRY NETWORK. Customer Service at Stroudsburg, PA: (570) 420-0672 of damaged merchandise IMMEDIATELY upon receipt. Timely receipt of this information is necessary for ADAM’S JEWELRY NETWORK to file a damage claim.
Cancelations of Order / Errors in Order
Providing items have not yet shipped, ADAM’S JEWELRY NETWORK. will make every effort to accommodate changes or cancellations of an order, but these changes cannot be guaranteed. Because merchandise may be finished by hand and made to order, cancellations or changes may incur fees and costs. Please contact ADAM’S JEWELRY NETWORK Customer Service at Stroudsburg, PA: (570) 420-0672, to determine the status of the order. ADAM’S JEWELRY NETWORK. will take all appropriate steps to correct the order attempt to satisfy the expectations of the customer.
Orders; Payment Terms; Interest; Taxes
We accept credit cards such as Visa, Mastercard, American Express, and Discover all purchases. You represent and warrant that (a) the credit card information you supply us is true, correct and complete, (b) charges incurred by you will be honored by your credit card company, and (c) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any. All payments must be in U.S. dollars. Current billing address and phone information must be included with every order.
Orders are not binding upon ADAM’S JEWELRY NETWORK. until accepted by ADAM’S JEWELRY NETWORK. Purchases are required to be prepaid prior to ADAM’S JEWELRY NETWORK. placing the order with the vendor, if applicable. All exchanges will be done through ADAM’S JEWELRY NETWORK only. The customer will not authorize any charge back notification through their bank, credit card company or the others the company uses for processing for credit from the purchase. All disputes will be handled through the ADAM’S JEWELRY NETWORK. and customer only. These terms and conditions will supersede any contract or terms the customer may have with their bank or any other credit card company.
If an item is on backorder, the customer’s prepayment must stay on deposit with ADAM’S JEWELRY NETWORK. to keep that order in place with the vendor. Terms of payment are within ADAM’S JEWELRY NETWORK sole discretion. Invoices, if any, are due and payable within the time period specified on the invoice, measured from the date of invoice, subject to continuing credit approval by ADAM’S JEWELRY NETWORK. ADAM’S JEWELRY NETWORK may invoice Customer separately for partial shipments. Customer agrees to pay interest on all past-due sums at the lower of one and one-half percent (2%) per month or at the highest rate allowed by law. Customer is responsible for, and will indentify and hold ADAM’S JEWELRY NETWORK. harmless from, any applicable sales, use, transaction, excise or similar taxes (but not taxes imposed or measured by ADAM’S JEWELRY NETWORK net income), and from any federal, state or local fees or charges, imposed on, in respect of, or otherwise associated with the order. Customer must claim any exemption from such taxes, fees or charges and must provide ADAM’S JEWELRY NETWORK with the necessary supporting documentation at the time of purchase. Any sales, use or other applicable tax or fees or assessments is based on the location to which the order is shipped. In the event of a payment default, Customer will be responsible for all of ADAM’S JEWELRY NETWORK costs of collection, including court costs, filing fees and attorney’s fees.
Orders over $2,000.00 will require additional authorization from the customer. Each order in excess of this amount will be handled on an individual basis. Before placing the order, please contact Customer Service at 570-420-0672, M-F 9:00AM to 5:00PM EST or via e-mail at email@example.com
to discuss such order in detail.
Pricing and Information Disclaimer
All pricing is subject to change. For all prices, merchandises and offers, ADAM’S JEWELRY NETWORK. reserves the right to make adjustments due to changing market conditions, merchandise discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances. There are no guarantees, express or implied, that finishes, colors, or other qualities of merchandise will be consistent. While ADAM’S JEWELRY NETWORK uses reasonable efforts to include accurate and up-to-date information, ADAM’S JEWELRY NETWORK makes no warranties or representations as to the Site's accuracy and assumes no liability or responsibility for any errors or omissions in the content on the Website.
Trademarks and Copyrights
As a Customer and site user, you acknowledge that you have no right, title or interest in the trademarks, copyrights, or other intellectual property of ADAM’S JEWELRY NETWORK and you covenant that you will not take any action to register or otherwise interfere with such rights.
THESE TERMS AND CONDITIONS OF MERCHANDISE SALES AND ANY SALE OF MERCHANDISE HEREUNDER WILL BE GOVERNED BY THE LAWS OF THE STATE OF PENNSYLVANIA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. ANY ARBITRATION, ENFORCEMENT OF AN ARBITRATION OR LITIGATION WILL BE BROUGHT EXCLUSIVELY IN MONROE COUNTY, PENNSYLVANIA AND CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL AND STATE COURTS LOCATED THEREIN, SUBMITS TO THE JURISDICTION THEREOF AND WAIVES THE RIGHT TO CHANGE VENUE. CUSTOMER FURTHER CONSENTS TO THE EXERCISE OF PERSONAL JURISDICTION BY ANY SUCH COURT WITH RESPECT TO ANY SUCH PROCEEDING. Except in the case of nonpayment, neither party may institute any action in any form arising out of these Terms and Conditions of Merchandise Sales more than one (1) year after the cause of action has arisen.
Limitation of Liability
NEITHER ADAM’S JEWELRY NETWORK NOR ITS AFFILIATES WILL BE LIABLE FOR LOST PROFITS, LOSS OF OPPORTUNITY, LOSS OF BUSINESS OR ANY CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. WHETHER A CLAIM FOR ANY SUCH LIABILITY IS PREMISED UPON BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY OF LIABILITY. NEITHER ADAM’S JEWELRY NETWORK NOR ITS AFFILIATES WILL BE LIABLE FOR MERCHANDISE NOT BEING AVAILABLE FOR USE OR FOR LOST MERCHANDISE. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE, DELIVERY OR USE OF MERCHANDISE, NEITHER ADAM’S JEWELRY NETWORK NOR ITS AFFILIATES WILL BE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES IN EXCESS OF THE LESSER OF: (A) THE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE MERCHANDISE GIVING RISE TO THE CLAIM; OR (B) $10,000.
ADAM’S JEWELRY NETWORK. will not be responsible for any delays in delivery which result from any circumstances beyond its control, including without limitation, merchandise unavailability, carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, general insurrection, acts of God or acts of any government or agency. Any shipping dates provided by ADAM’S JEWELRY NETWORK are estimates only.
Any claim, dispute, or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including statutory, common law, intentional tort and equitable claims) arising from or relating to the merchandise sold pursuant to these Terms and Conditions of Merchandise Sales, the interpretation or application of these Terms and Conditions of Merchandise Sales or the breach, termination or validity thereof, the relationships which result from these Terms and Conditions of Merchandise Sales (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories hereto), or ADAM’S JEWELRY NETWORK’S advertising and marketing (collectively, a “Claim”) WILL BE RESOLVED, UPON THE ELECTION OF ADAM’S JEWELRY NETWORK., CUSTOMER OR THIRD PARTIES INVOLVED, EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. If arbitration is chosen, it will be conducted pursuant to the Rules of the American Arbitration Association. If arbitration is chosen by any party with respect to a Claim, neither ADAM’S JEWELRY NETWORK nor Customer will have the right to litigate that Claim in court or to have a jury trial on that Claim or to engage in pre-arbitration discovery, except as provided for in the applicable arbitration rules or by agreement of the parties. Further, Customer will not have the right to participate as a representative or member of any class of claimants pertaining to any Claim. Notwithstanding any choice of law provision included in these Terms and Conditions of Merchandise Sales, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16). The arbitration will take place exclusively in STROUDSBURG, PA. Any court having jurisdiction may enter judgment on the award rendered by the arbitrator(s). Each party will bear its own cost of any legal representation, discovery or research required to complete arbitration. The existence or results of any arbitration will be treated as confidential. Notwithstanding anything to the contrary contained herein, all matters pertaining to the collection of amounts due to ADAM’S JEWELRY NETWORK. arising out of sales hereunder will be exclusively litigated in court rather than through arbitration.
Our Contact Information:
ADAM’S JEWELRY NETWORK
66 ROUTE 611 BARTONSVILLE PLAZA
STROUDSBURG, PA 18360
M-F 9:00AM to 5:00PM EST