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THIS AGREEMENT (the "Agreement") is by and between Antique Jewelry at Topazery ("Topazery"), having an address of 6025 Sandy Springs Circle, Atlanta, Georgia, 30328, USA and You, the person or entity who orders a jewelry piece or service from Antique Jewelry at Topazery ("You"). 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. 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 ring sizing are not returnable. Special orders and mountings are not returnable. Special orders 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, 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: 1. THE RETURN PERIOD IS 15 DAYS. You have fifteen (15) days from the SHIP date on the original Topazery sales receipt that comes with Your purchase to email Topazery and request a refund. To be eligible for a refund, You must email Topazery within the 15-day return period. The return package must also be postmarked and mailed back to Topazery within the 15-day return period. 2. SEND AN EMAIL TO REQUEST A RETURN AUTHORIZATION. Prior to sending Your return package, You must request a Return Authorization Code by sending an email to topazery@yahoo.com. Include the Topazery item number of the jewelry piece in Your email. Within twenty-four (24) to forty-eight (48) hours, You will receive a response email from Topazery, containing Your Return Authorization Code. If You do not hear from us by the end of the 48-hour period, we did not receive Your email. In this situation, call us immediately at (678) 528-8901, during our regular customer service hours (Monday -Friday, 10:00 a.m. to 5:00 p.m. (EST)) to request a Return Authorization Code. Please indicate the Return Authorization Code on the outside of your return package. IF YOU RETURN JEWELRY WITHOUT SENDING AN EMAIL AND WITHOUT RECEIVING A RETURN AUTHORIZATION CODE, THE JEWELRY WILL BE RETURNED TO YOU, YOU WILL BE CHARGED FOR RETURN SHIPPING, AND A REFUND WILL NOT BE ISSUED. 3. LEAVE THE JEWELRY TAG ON. Return the jewelry piece in the original gift box and with the special Topazery jewelry tag still attached. The jewelry tag is small, secure, and does not interfere with trying on a ring or other jewelry piece. The jewelry tag never has the price of the jewelry piece (in case the jewelry is a gift). The Topazery jewelry tag must be unaltered and still attached to Your jewelry item. 4. INCLUDE A COPY OF YOUR SALES RECEIPT. All returns must be accompanied with a copy of original sales receipt issued to You by Topazery. Returns shipped without the receipt will require extra time to process and Topazery reserves the right to not accept any return, which does not contain a copy of the original sales receipt. 5. PURCHASE PACKAGE TRACKING AND INSURANCE. While not required, we recommend that You select a shipping method for Your returned item that provides a tracking or confirmation of delivery option and that You insure the package for the full value of the item against being lost, damaged or stolen. All return shipping and insurance expenses are Your responsibility. Topazery cannot be responsible for Topazery products lost, damaged or stolen during their return shipment from You to Topazery. 6. PACKAGE THE JEWELRY SECURELY. Use a strong shipping box with adequate padding in the box to prevent damage to the contents. Double boxing is safest. Do not ship Your returned jewelry item in an envelope. Be sure the extra padding is still inside the jewelry gift box; this padding keeps the jewelry secure in the gift box during shipping. 7. RETURN REPORTS AND APPRAISALS. If You received an appraisal and/or a diamond grading report with Your purchase, return this documentation along with Your jewelry piece. Topazery deducts $150.00 from Your purchase price if an appraisal is not returned or is returned and is not in the same condition in which it was received. Topazery deducts $250.00 from Your purchase price if a diamond grading report is not returned or is returned and is not in the same condition in which it was received. 8. SHIP YOUR PACKAGE. Ship Your return to the following address. Do not include the word jewelry on the package. Topazery, 6025 Sandy Springs Circle, Suite 312, Atlanta, GA 30328 9. EMAIL TOPAZERY THE SHIPPING DETAILS. Let us know the package has been shipped. Email us the shipper, along with the tracking number and estimated arrival date so that we may watch for Your return. THIS STEP IS VERY IMPORTANT FOR SECURITY REASONS. REFUNDS: Upon acceptance of a returned jewelry item, Topazery will issue a refund to You within ten (10) business days. Your credit card company may require additional time to process the refund to Your account. 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. 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 15% restocking fee in the following situations due to high credit card processing fees and other return costs: (1) If You purchase MORE THAN ONE ITEM, keep an item, and return the other items that do not work for You, Topazery charges a 15% 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 15% restocking fee on the two returned rings; (2) If You purchase a new ring that is available for immediate shipment, return the ring, and then place a special order for the ring in a different ring size, Topazery charges a 15% restocking fee on the returned ring. 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@yahoo and by certified or registered mail within three (3) days of Your receipt of the item so that we may contact our insurance carrier 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 THREE-DAY PERIOD, THE INSURANCE COVERAGE WILL BE VOID AND TOPAZERY WILL NOT BE RESPONSIBLE FOR THE DAMAGED ITEM AND YOU WILL BE UNABLE TO RETURN THE DAMAGED ITEM. SHIPPING: Subject to consumer and seasonal demands, Topazery ships most orders within seven (7) business days after we receive Your order and process Your payment. Please allow additional time for orders that require ring sizing. 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. 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 enroute 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 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) Priority Insured Registered Mail. 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 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. 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 or You will be responsible for paying the additional customs fees associated with Your return. RING SIZES: When You place a special order for a ring, or ask Topazery to size a ring, it is Your responsibility to ensure that the ring size You provide is correct. We do not accept returns on special orders or issue refunds for sizing if the ring does not fit. SPECIAL ORDERS: 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. Special orders are not returnable. Your credit card will be charged for the full amount of Your special order at the time of purchase. Topazery cannot be held responsible for delivery delays which are beyond our control and which cause Your special order to be delayed. 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 PROVIDED UNDER OR IN CONNECTION WITH THIS AGREEMENT. IN NO EVENT WILL TOPAZERY, ITS AFFILIATES AND ITS SUBCONTRACTORS, BE LIABLE FOR 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. FEES FROM OTHER JEWELERS: Topazery does not refund fees from other jewelers under any circumstances. SERVICE CANCELLATION: Topazery reserves the right to cancel an order for any reason. Topazery also reserves the right to refuse service if it is not possible to satisfy You to the highest of standards. DISPUTE RESOLUTION: By agreeing to the terms and conditions provided herein, You expressly agree that any disputes arising under or connection with this Agreement shall be resolved by binding arbitration by the American Arbitration Association located in Atlanta, Georgia, in accordance with the then-current rules of the American Arbitration Association and the laws of the State of Georgia. GOVERNING LAW: You agree that this Agreement shall be governed solely by and construed in accordance with the laws of the State of Georgia. The foregoing shall not be governed by the terms of the United Nations Convention on Contracts for the International Sale of Goods. NO WAIVER: 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. MODIFICATION OF TERMS: Except as otherwise provided herein, Topazery expressly reserves the right, in its sole discretion, to modify, restrict, change or otherwise alter the terms and conditions of this Agreement, in whole or in part, without prior notice, written approval or authorization. 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.
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