THIS AGREEMENT (the "Agreement") is by and between Topazery, LLC ("Topazery" ®* or “we”), having an address of 227 Sandy Springs Place, Suite D342, Sandy Springs, Georgia, 30328, USA and you, the person or entity who orders a jewelry piece or service from Topazery ("you"). By clicking on the ACCEPT button, you expressly acknowledge that you have read and fully understand this Agreement, and that you agree to be bound by all of the terms and conditions contained herein.
You agree to pay Topazery the purchase price and shipping fees for the Item(s) in this order, as well as any applicable sizing, special order, special services and (for purchases delivered outside the United States) international shipping, processing and customs fees.
NOTE THAT THIS AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE DISPUTES. SEE “DISPUTE RESOLUTION” AND “NOTICE OF ARBITRATION AGREEMENT” BELOW.
JEWELRY AND FEES THAT ARE NOT REFUNDABLE: Under no circumstances will Topazery refund shipping, sizing, appraisal or other special fees. Eternity bands for which you request sizing, rings for which you receive a custom sizing quote, and special orders are not returnable; orders for such Items or services may not be cancelled or changed, once they have been placed by you. Jewelry which does not have the special Topazery jewelry tag still attached and unaltered is not returnable. Jewelry that has been worn, damaged after delivery, sized after delivery by someone other than Topazery or altered in any way is not returnable.
HOW TO RECEIVE A REFUND: If an item is not otherwise ineligible to be returned, as provided herein, you may return the item and request a refund of your full purchase price of the jewelry item provided you comply with Topazery's written Return Policy. Refunds will be issued in the original form of payment.
TOPAZERY'S RETURN POLICY: To receive a refund, you must follow the procedure outlined below:
REFUNDS: Upon acceptance of a returned jewelry item, Topazery will issue a refund to you within ten (10) business days. Depending on the policies of your financial institution, your credit may not show on your account until the next billing cycle. We appreciate your patience and understanding during this period. You must follow each of the steps of Topazery's Return Policy exactly; if you fail to follow each step exactly, your return will not be processed and a refund will not be issued. If you fail to follow each step exactly, Topazery reserves the right to return the jewelry to you and charge you for return shipping.
RESTOCKING FEES: Topazery expressly reserves the right to charge you a restocking fee for any returned item. Specifically, Topazery charges a 20% restocking fee in the following situation due to high credit card processing fees and other return costs: If you purchase MORE THAN ONE OF THE SAME TYPE OF ITEM, keep an item, and return the other items that do not work for you, Topazery charges a 20% restocking fee on each returned item. For example, if you purchase 3 wedding rings, keep the one you like best, and return the other two rings, Topazery charges a 20% restocking fee on the two returned rings.
IF YOU RECEIVE DAMAGED JEWELRY: If you receive a jewelry piece that has been damaged during shipping, you must notify us within forty-eight (48) hours of your receipt of the damaged item by sending an email to Topazery at the email address indicated in our “Contact Us” page and by certified or registered mail within three (3) days of your receipt of the item so that we may contact our insurance carrier in a timely manner regarding the damage. Include the Topazery item number of the jewelry piece and a description of the damage in your communications. IF YOU FAIL TO NOTIFY US WITHIN THE FOREGOING FORTY-EIGHT HOUR AND THREE-DAY PERIODS, TOPAZERY WILL NOT BE RESPONSIBLE FOR THE DAMAGED ITEM AND YOU WILL BE UNABLE TO RETURN THE DAMAGED ITEM. We will give you a full refund of the purchase price and all of Topazery’s fees associated with the Item damaged during shipment if you comply with these notification requirements and follow the requirements of the Return Policy above.
SHIPPING: Subject to consumer and seasonal demands, Topazery ships most orders within ten (10) business days after we receive your order and process your payment. Orders that require ring sizing may require additional time to process. Special orders require a minimum of twelve (12) weeks for delivery, unless a different delivery time is noted on the website for a specific jewelry item. Standard shipping fees are listed beside each jewelry piece. Additional shipping fees for Items shipped to an address other than the billing address, if applicable, will be indicated before your purchase is completed. International fees are listed in a popup. All shipping fees are non-refundable.
Your purchase will require a signature upon delivery. If you cannot be available at your billing address, you may provide an alternate work or other shipping address. To avoid shipping delays, please be sure your credit card company has your alternate shipping address on file. Your shipping address may not be changed once your package is en route or you may incur additional shipping fees. Once the shipped package is signed for, Topazery shall have no liability to you if the item is subsequently lost, stolen or damaged.
For orders delivered to street addresses in the United States, standard shipping is sent by two-day delivery, via UPS or FEDEX Second Day Air. The package is insured and requires a signature upon delivery. If a delivery is to be sent to a post office box, or APO/FPO address, shipping shall be by the United States Postal Service (USPS). USPS shipping times vary. Each shipment is covered against loss or damage until you or someone signs for it. Please note, exceptions which are out of Topazery's control may occur and delay order fulfillment or delivery.
INTERNATIONAL ORDERS, SHIPPING and RETURNS: International orders are subject to duties, taxes, fees, etc. which are imposed by customs in the receiving country. You are responsible for paying any additional fees for purchases that are shipped to addresses outside the USA; the airway bill will be completed to bill you for these charges. If customs does not charge you and bills Topazery for customs fees, duties, taxes, etc, for your purchase, you authorize Topazery to charge all such fees to you and to charge any such fees using the same method (i.e., the same credit card, bank withdrawal, etc.) used in connection with the purchase of the Item. It is your responsibility to determine and pay such fees, both for the initial purchase and any return; you may want to ask your applicable customs office for information concerning these fees. You, and not Topazery, are responsible for complying with the laws related to the international shipment and import of your order.
International orders are shipped via FEDEX or UPS. The package is insured until you or someone else signs for the package. Delivery may take several days to several weeks. For international purchases, the returns period begins on the day you or someone signs for the package as per the shipper's delivery documentation. International returns must be accompanied by the appropriate documentation to process a jewelry return through customs and you will be responsible for paying the additional customs, shipment, insurance, export and other fees associated with your return. Such returns are at your risk
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY: EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED HEREIN, TOPAZERY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE MERCHANTABILITY, SUITABILITY, ORIGINALITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR RESULTS TO BE DERIVED FROM THE USE OF ANY PRODUCTS OR SERVICES PROVIDED UNDER OR IN CONNECTION WITH THIS AGREEMENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TOPAZERY, AND ITS AGENTS, AFFILIATES AND SUBCONTRACTORS, WILL HAVE NO LIABILITY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING LOST PROFITS, SAVINGS, COMPETITIVE ADVANTAGE, GOODWILL OR BUSINESS INTERRUPTION) FROM ALL CAUSES OF ACTION OF ANY KIND, INCLUDING CONTRACT, TORT OR OTHERWISE, EVEN IF ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TOPAZERY’S MAXIMUM LIABILITY TO YOU FOR ANY CLAIM, DAMAGE OR LOSS OF ANY KIND IN CONNECTION WITH THIS ORDER, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, IS LIMITED TO THE PURCHASE PRICE FOR THE ITEM(S) THAT ARE THE SUBJECT OF THE CLAIM, DAMAGE OR LOSS.
INCORRECTLY DESCRIBED JEWELRY: Topazery takes pride in the quality of its products. In the unlikely event you request a return of otherwise non-refundable fees because an item you purchased from Topazery is not as described or is misrepresented (this does not include jewelry damaged in shipment- see above for return policy for jewelry damaged in shipment), we require that documentation of a significant discrepancy be mailed to us promptly within the applicable return period. Have your Item examined right away if there is any possible question in this regard. We reserve the right not to proceed with your return until all of the following requirements are met by you. Take your jewelry item to an independent appraiser for a written appraisal. The appraiser must meet all of the following qualifications and requirements:
The appraiser must be a member of and fully accredited by at least two of the following professional organizations: the International Society of Appraisers; the American Gem Society; the National Association of Jewelry Appraisers**. The appraiser must hold a Graduate Gemologist (G.G.) diploma from the Gemological Institute of America (GIA)**. The appraiser must have at least 7 years experience appraising antique and estate jewelry. The appraiser must not buy or sell jewelry, own a jewelry store, and must not be employed by a jewelry store. The appraiser must sign a statement that he or she meets the requirements above. The appraisal must be USPAP** compliant and must contain an itemized explanation of any deficiencies which are outside normal wear and tear. (**For purchases delivered to foreign countries, organization and standards must be equivalent.) Mail a copy of all documentation to: Topazery, 227 Sandy Springs Place, Suite D342, Sandy Springs, GA 30328. We will issue a full refund of the purchase price and all of Topazery’s fees associated with such Item if you comply with these requirements and follow the authorization code and return shipping procedures of the Return Policy above. NOTE THAT WE CANNOT REFUND OTHERWISE NON-REFUNDABLE FEES MERELY BECAUSE YOUR APPRAISER’S OPINION OF THE VALUE OF AN ITEM DIFFERS FROM THE PURCHASE PRICE.
FEES FROM OTHER JEWELERS: Topazery does not pay or reimburse fees from other jewelers or appraisers you engage under any circumstances.
SERVICE CANCELLATION: Topazery reserves the right to cancel an order and issue a full refund for any reason if it believes that it is unable, due to causes beyond its reasonable control, to provide the Item(s) or services ordered or that it will be unable to satisfy you to its standards.
USE OF TOPAZERY WEB SITE: You are granted a limited license to use the Topazery.com web site for your personal purposes. The photographs, descriptions, drawings and all other content on the Topazery web site is the property of Topazery and are protected by copyright. The copying or commercial use of any of such content, or of the website, by you or any third party is strictly prohibited. Topazery® is a registered trademark of Topazery, LLC and no license to use such mark is granted.
LINKS TO OTHER WEB SITES: The Topazery web site contains links to the web sites of third parties. Topazery is not responsible for the content of such sites or the privacy practices of the hosts of such sites. For more information about such sites, contact them directly.
AGE 18 OR OLDER: You must be 18 years of age or older. If your location provides that the age of majority is an age older than 18, then you must be at least such age.
GOVERNING LAW: The parties agree that this Agreement shall be governed solely by and construed in accordance with the laws of the State of Georgia, without regard to its conflict of law principles. The parties agree that if any court action relating to or arising out of this Agreement is filed that venue thereof shall lie exclusively in the Magistrate or Superior Courts of Fulton County, Georgia, and each party hereby consents to such venue and to the jurisdiction of such courts (in the event an arbitration tribunal is not the appropriate means of resolution for any reason). This Agreement shall not be governed by the terms of the United Nations Convention on Contracts for the International Sale of Goods.
NO WAIVER; SEVERABILITY; NO THIRD PARTY BENEFICIARIES: Any failure or delay by Topazery at any time to enforce and/or require strict compliance with any term or condition of this Agreement will not constitute a subsequent waiver of such term or condition. If any provision, covenant or clause of this Agreement is held invalid or unenforceable by a court or arbitrator of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision, covenant or clause of this Agreement. There are no third party beneficiaries to this Agreement.
NOTICES: Except as otherwise provided in this Agreement, any notice or other communication under this Agreement will be deemed to have been properly made if given in a writing mailed by U.S. Mail, properly addressed and stamped with the required postage, return receipt requested, or deposited with Federal Express or other similar courier, delivery charges prepaid, with evidence of delivery requested, to the other party’s address as follows: (i) Topazery, at its address indicated in the “Contact Us” section of the Topazery.com website (currently Topazery, 227 Sandy Springs Place, Suite D342, Sandy Springs, GA 30328); and (ii) You, at the billing address indicated in Your order (but if You inform us of a different address the change will be effective ten (10) days after we receive notice of the change).
ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between you and Topazery as to the subject matter hereof and supersedes all prior agreements, understandings, negotiations, discussions, whether oral or written, of the parties. There are no representations, warranties, promises or inducements or other agreements between the parties in connection with the subject matter hereof, except as specifically set forth herein.
DISPUTE RESOLUTION: You and Topazery agree that any controversy or claim arising out of or relating to this order, this Agreement, or the breach thereof, that the parties are unable to resolve satisfactorily by prompt communications between the parties shall be resolved by binding arbitration by the American Arbitration Association in accordance with its then-current Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall be conducted in Atlanta, Georgia unless otherwise agreed by the parties or unless “desk arbitration” is required by the Arbitrator(s) under said Rules. See Notice of Agreement to Arbitrate, below, for more information.
NOTICE OF AGREEMENT TO ARBITRATE: This agreement provides that all disputes between you and Topazery will be resolved by BINDING ARBITRATION under the Commercial Arbitration Rules (which apply the Supplementary Procedures for Consumer-Related Disputes where applicable). You thus GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (EXCEPT under certain circumstances for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING , BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT. FOR MORE DETAILS , review the Dispute Resolution Section of this Agreement above, and visit the American Arbitration Association Web Site @ http://www.adr.org and http://www.adr.org/sp.asp?id=28749 .
*Topazery® is a registered trademark of Topazery, LLC.
Agreement Updated March 5, 2013; 6:24 AM EST
Atlanta, GA, USA