THIS AGREEMENT (the "Agreement") is by and between Topazery, LLC ("Topazery" ®* or "we" or "us"), having an address of 227 Sandy Springs Place, #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 fully read and fully understand this entire Agreement, and that you agree to be bound by all of the terms and conditions contained herein.
A. AGREEMENT TO PAY: You agree to pay Topazery the full and complete purchase price and shipping fees for the item(s) in this order, as well as any applicable sizing, special order, and special services fees. For international shipping orders (i.e., purchases delivered outside the United States), you also agree to pay all necessary processing fees, customs fees, duties, taxes, and other expenses related to the shipment of the item to you.
B. JEWELRY AND FEES THAT ARE NOT RETURNABLE AND REFUNDABLE: Unless otherwise stated herein, under no circumstances will Topazery refund any shipping expenses, any sizing expenses (whether purchased through Topazery or purchased by the customer through a third party), any appraisal expenses (either those purchased through Topazery or purchased by the customer through a third party) or any other special fees for domestic or international shipments of items. In addition, for international shipments of items, Topazery will not refund any customs fees, duties, taxes, and other expenses related to the international shipment of items. Eternity bands for which you request sizing, rings for which you receive a custom sizing quote, and special orders (i.e., a unique jewelry item that Topazery does not have in stock, is not referenced on the Topazery website, and must be ordered by Topazery at the request of a customer) are not returnable or refundable; orders for such items or services may not be canceled or changed, once they have been placed by you. Jewelry in which the special Topazery jewelry tag has been removed (or has been removed and reattached by someone other than Topazery) or has been altered is not returnable or refundable. Jewelry that has been worn, damaged after delivery, stolen after delivery, damaged during the return process, sized after delivery by someone other than Topazery, or altered in any way is not returnable or refundable.
C. TOPAZERY'S RETURN POLICY: Topazery has a fifteen (15) day Return Period. If an item is otherwise eligible to be returned, as provided herein, you may return the item and request a refund of your full purchase price of the item, subject to the fees and expenses referenced above that are not refundable, and provided you fully comply with Topazery's written Return Policy. As discussed in more detail below, in order to obtain a refund, YOU ARE REQUIRED TO DO BOTH OF THE FOLLOWING: (1) First send an email to Topazery of your intent to return the item and obtain a Return Authorization Code within the Return Period, and (2) Following receipt of the Return Authorization Code, return the item to Topazery during the Return Period. Topazery shall not be required to process a refund until it both receives the email requesting a refund and receives the returned item during the Return Period.
C-1. SEND AN EMAIL TO REQUEST A RETURN AUTHORIZATION CODE. Before sending your return package containing the item to be returned, you must request a Return Authorization Code during the 15-day Return Period. For domestic purchases, you must email Topazery and request a refund within fifteen (15) calendar days from the "SHIP" date on the original Topazery sales receipt that is included with your purchase. For international purchases, you must email Topazery and request a refund within fifteen (15) calendar days of the date you or someone else signs for the delivery of the package containing the item as per the shipper's delivery documentation. Our email address is on our "Contact" page on the Topazery website (www.topazery.com). You must include the Topazery order number of the jewelry piece in your email to us. (The order number appears in your receipt.) Within twenty-four (24) to forty-eight (48) hours of your email, 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, please forward Topazery the original SENT email requesting a Return Authorization code AND call us immediately at the phone number referenced on the "Contact" page of the Topazery website to request a Return Authorization Code. (If you email us during the fifteen (15) day return period and follow the above procedures, the fifteen (15) day period may be extended by one (1) business day after you receive a Return Authorization Code from Topazery.) Please clearly indicate the Return Authorization Code on the outside of your return package. Please note that additional notice requirements must be satisfied for the return of items that were damaged in the shipment process, which requirements are set forth further below in this Agreement. (See "IF YOU RECEIVED DAMAGED JEWELRY" below.) If those requirements are not met, Topazery shall not be responsible for the damaged item or refund of the purchase price.
C-2. RETURN THE ITEM TO TOPAZERY DURING THE RETURN PERIOD. After you obtain the Return Authorization Code, you must properly package and send the item back to Topazery. To be eligible for a refund you must send the return package containing the returned item to Topazery, which package must be postmarked (or contain an equivalent documented date of initial shipment for items not sent via United States Postal Service ("USPS") and sent back within the same fifteen (15) day Return Period. DO NOT SEND THE RETURN PACKAGE UNTIL YOU FIRST SEND THE EMAIL AND RECEIVE A RETURN AUTHORIZATION CODE FROM TOPAZERY AS DISCUSSED ABOVE. IF YOU RETURN JEWELRY WITHOUT FIRST SENDING AN EMAIL TO TOPAZERY AND WITHOUT CLEARLY REFERENCING THIS RETURN AUTHORIZATION CODE ON THE OUTSIDE OF THE RETURN PACKAGE, THE JEWELRY WILL BE RETURNED TO YOU, YOU WILL BE CHARGED FOR RETURN SHIPPING, AND A REFUND WILL NOT BE ISSUED.
After obtaining the Return Authorization Code, when sending the item back to Topazery, you must do the following:
- a. LEAVE THE JEWELRY TAG ON THE ITEM. 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.
- b. INCLUDE A COPY OF YOUR SALES RECEIPT. All returns must be accompanied with a copy of the original sales receipt issued to you by Topazery. Returns shipped without the receipt will require extra time to process and Topazery reserves the right not to accept any return or issue a refund, when the return package does not contain a copy of the original sales receipt.
- c. 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.
- d. WRITE THE RETURN AUTHORIZATION CODE ON THE OUTSIDE OF THE PACKAGE. Please clearly indicate the Return Authorization Code on the outside of the return package. If you return jewelry without first sending an email to Topazery and without clearly referencing the return authorization code on the outside of the return package, the jewelry will be returned to you, you will be charged for return shipping, and a refund will not be issued.
- e. SHIP YOUR PACKAGE. Ship your return during the permissible return period to the address on the "Contact" page of the Topazery website. Clearly indicate the Return Authorization Code you received from us on the outside of the package. Do not include the word "jewelry," "ring," "necklace," or other descriptions of the item on the package.
- f. ARRANGE FOR PACKAGE TRACKING AND INSURANCE. While not required, we strongly 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 and return shipping is at your risk. TOPAZERY SHALL NOT BE RESPONSIBLE FOR TOPAZERY PRODUCTS THAT ARE LOST, DAMAGED OR STOLEN DURING THEIR RETURN SHIPMENT FROM YOU TO TOPAZERY. MOST SHIPPERS PLACE VALUE LIMITS ON THEIR LIABILITY FOR JEWELRY LOST OR DAMAGED DURING SHIPMENT; FOR YOUR PROTECTION YOU SHOULD CONFIRM WITH YOUR SHIPPER THAT YOUR RETURN SHIPMENT WILL BE ADEQUATLEY COVERED FOR ITS FULL VALUE.
- g. EMAIL TOPAZERY THE SHIPPING DETAILS. Let us know the package has been shipped. Email us the name of the shipper delivering the return package, 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.
- h. INTERNATIONAL RETURNS: 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. 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.
D. REFUNDS: Topazery will issue a refund of the purchase price to you within ten (10) business days from the date the returned item is accepted by Topazery. The refund will be issued in the form of original payment. Depending on the policies of your financial or other credit card institution, your return credit may not show on your financial or other credit card institution's account statement 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. Unless otherwise stated herein, refunds are limited to the refund of the purchase price of the returned item.
E. RESTOCKING FEES: Topazery expressly reserves the right to charge you a restocking fee for any returned item. Specifically, Topazery charges a 20% restocking fee (20% of the purchase price for each item returned) in the following circumstances 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 three 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.
F. IF YOU RECEIVE DAMAGED JEWELRY: If you receive a jewelry piece that has been damaged during shipping, YOU MUST DO BOTH OF THE FOLLOWING: (1) Within forty-eight (48) hours of your receipt of the damaged item, send Topazery an email at the email address indicated on our "Contact" page of our website, stating that the item was damaged during shipment, describing the damage, and requesting a Return Authorization Code; and (2) Send us separate notice of the damaged shipment, stating that the item was damaged and describing the damage, via certified mail, registered mail, Federal Express, UPS, or another form of tracked-delivery, which notice must be received by Topazery within three (3) calendar days of your receipt of the item. These notifications are required so that we may contact our insurance carrier in a timely manner regarding the damage. You must include the Topazery item number of the item damaged and a description of the damage in your communications. IF YOU FAIL TO PROVIDE NOTICE TO TOPAZERY WITHIN BOTH THE FOREGOING FORTY-EIGHT (48) HOUR AND THREE (3) DAY PERIODS, TOPAZERY SHALL NOT BE RESPONSIBLE FOR THE DAMAGED ITEM AND SHALL NOT BE REQUIRED TO REFUND YOUR PURCHASE PRICE FOR 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 otherwise follow the requirements of the Return Policy above.
G. 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. Domestic and international fees are listed in a pop-up display on the website. Additional shipping fees for items shipped to an address other than the billing address, if applicable, will be indicated before your purchase is completed. Unless otherwise stated herein, all shipping fees are non-refundable.
Your purchase will require a signature upon delivery. Under certain circumstances, we cannot deliver to a non-billing address, and apologize for this inconvenience. Your shipping address may not be changed once your package is en route or you may incur additional shipping fees. REGARDLESS OF WHO SIGNS FOR THE PACKAGE ACCEPTING DELIVERY, TOPAZERY SHALL NOT BE RESPONSIBLE FOR ANY ITEMS THAT ARE LOST OR STOLEN SUBSEQUENT TO THE SIGNATURE ACCEPTING DELIVERY, NOR SHALL IT BE RESPONSIBLE FOR ANY DAMAGE TO ITEMS THAT OCCURS SUBSEQUENT TO THE SIGNATURE ACCEPTING DELIVERY. For orders delivered to street addresses in the United States, standard shipping is sent by two (2) 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 USPS. USPS shipping times vary. Each shipment is covered against loss or damage until you or someone signs for it. Please note that exceptions which are out of Topazery's control may occur and delay order fulfillment or delivery. Should your delivery not be signed for, or is otherwise not accepted, and is returned by the delivery company to Topazery, Topazery shall be permitted to keep the returned item and shall not be required to refund the purchase price and other shipping fees.
H. INTERNATIONAL ORDERS, SHIPPING AND RETURNS: International orders are subject to duties, taxes, and other fees, 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 SUCH DUTIES, TAXES, AND OTHER FEES FOR YOUR PURCHASE, YOU ARE RESPONSIBLE FOR PAYING TOPAZERY FOR SUCH DUTIES, TAXES, AND OTHER FEES, AND HEREBY AUTHORIZE TOPAZERY TO CHARGE ALL SUCH DUTIES, TAXES, AND OTHER FEES TO YOU AND TO CHARGE ANY SUCH FEES USING THE SAME METHOD OF PAYMENT (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 duties, taxes, and fees, both for the initial purchase and any return. You may want to ask your applicable customs office for information concerning these fees prior to placing your order. You, and not Topazery, are responsible for complying with the laws related to the international shipment and import of your order. Under no circumstances will any of these duties, taxes, and fees be refundable.
International orders are shipped via UPS or FEDEX. 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.
I. 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 BUT NOT LIMITED TO 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.
J. INCORRECTLY DESCRIBED JEWELRY: Topazery takes pride in the quality of its products. In the unlikely event you seek to return an otherwise non-returnable item because an item you purchased from Topazery is not as described (this does not include jewelry damaged in shipment; see above for the return policy for jewelry damaged in shipment), you are required to provide documentation detailing the discrepancy and an appraisal, and send such to us promptly within the applicable Return Period described above. Topazery will then determine whether the item purchased was described accurately and determine whether a refund is appropriate. To request a refund under such circumstances, and to be eligible for a potential refund, you must have your item examined promptly by an appraiser who meets ALL of the following qualifications and requirements, and provide the materials referenced below to Topazery:
(1) 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; or the National Association of Jewelry Appraisers**.
(2) The appraiser must hold a Graduate Gemologist (G.G.) diploma from the Gemological Institute of America (GIA)**. (**For purchases delivered to foreign countries, organization and standards must be equivalent.)
(3) The appraiser must have at least 7 years experience appraising antique and estate jewelry.
(4) The appraiser must not purchase or sell jewelry, own or have an ownership interest in a jewelry business engaged in the sale or distribution of jewelry, and must not be employed by a jewelry business engaged in the sale or distribution of jewelry.
(5) The appraiser must sign a statement that he or she meets the requirements above, and that states his or her full name, contact information (address, phone number, and email address) and professional experience.
(6) The appraiser must provide a written appraisal that is USPAP** compliant and must provide a detailed written description and itemized explanation of any deficiencies which are outside normal wear and tear. (**For purchases delivered to foreign countries, organization and standards must be equivalent.) You are required to provide the above-referenced signed statement, appraisal, and detailed written description, along with any supporting documentation, by certified mail, registered mail, Federal Express, UPS, or some other trackable form of delivery to the address listed on the "Contact" page of the Topazery website during the fifteen (15) day Return Period. Topazery will review the submitted documentation and determine whether a refund of the purchase price is appropriate. Topazery shall have the sole discretion to determine whether a refund is appropriate. If Topazery determines that a refund is appropriate, it will issue a full refund of the purchase price subject to your compliance with Topazery's Refund Policy described above. TOPAZERY WILL NOT ACCEPT RETURNS AND REFUND THE PURCHASE PRICE OF ITEMS THAT ARE OTHERWISE NON-REFUNDABLE MERELY BECAUSE YOUR APPRAISER'S OPINION OF THE VALUE OF AN ITEM DIFFERS FROM THE PURCHASE PRICE. Topazery shall not pay or reimburse you or any other party the fees or other expenses that you incurred in the appraisal process under any circumstances, nor shall it be responsible for the refund of any shipping fees, taxes or international customs fees, duties, or taxes incurred by you.
K. SERVICE CANCELLATION: Topazery shall have the right to cancel an order and issue a full refund, for any reason, prior to its shipment of the item.
L. RING SIZING: Topazery does not offer complimentary ring re-sizing. If you are not certain of the ring size you need at the time you place your order, we recommend sending the ring back to us for sizing at a later date. We also recommend asking a professional jeweler to measure your finger to determine the correct size. Topazery cannot be held responsible if you request the wrong ring size. If this happens, you agree to pay the ring re-sizing fee plus the shipping fee to send the ring to us and the shipping fee for us to send the ring back to you.
N. USE OF TOPAZERY WEB SITE: You are granted a limited license to use the Topazery.com website for the limited purpose of shopping for and purchasing jewelry. The photographs, descriptions, drawings and all other content on the Topazery web site are 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.
O. LINKS TO OTHER WEB SITES: The Topazery website contains links to the websites 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.
P. AGE 18 OR OLDER: You must be eighteen (18) years of age or older to place orders on this website. If the laws of the state or country in which you reside provide that the legal age of majority is an age older than eighteen (18), then you must be at least such age of legal majority.
Q. 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. This Agreement shall not be governed by the terms of the United Nations Convention on Contracts for the International Sale of Goods.
R. 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 waiver or release of such term or condition. If any provision, covenant or clause of this Agreement is held invalid or unenforceable by a court 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.
S. 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, UPS, 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" section of the Topazery website; 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 written notice of the change).
T. 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.
*Topazery® is a registered trademark of Topazery, LLC.
Agreement Updated November 2, 2015; 10:15AM EST