Terms & Conditions
Terms & Conditions
Anytime you interact with Palm Jewellery, such as when you visit our website, when you purchase products and services, or when you call our sales or support representatives you are agreeing to comply with and be bound by our terms and conditions. Please review the following terms carefully. If you do not agree to these terms, you should not use this website. The term Palm Jewellery, Palmjewellery.com, "us" or "we" or "our" refers to Palm Jewellery, a San Diego based jewellery business and the owner of the Web site. The term "you" refers to the user or viewer of our Web Site.
Acceptance of Agreement
By using our site, Palmjewellery.com, (the "Site"), you agree to be bound by these Terms and Conditions ("Agreement"). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site and making a purchase from the company.
Palm Jewellery does not sell any enhanced or treated diamonds. All diamonds sold online are natural diamonds that have not gone through any enhancements.
All prices at checkout are in US dollars. We do not negotiate prices on our products and all our prices are final. We make significant efforts to assure the pricing on our website is accurate at the time of purchase. However, we do reserve the right to cancel any and all sales when an inaccurate or erroneous price is displayed. We cannot honor inaccurate or erroneous pricing. If we cancel a sale after checkout, we will refund the fee listed on the check-out receipt in the same manner as payment was made. For example, Visa payment will be credited to the same Visa card only. Our prices are also subject to change without notice. If a sale is cancelled, the refund price represents the sole and exclusive damages available to you.
All products displayed are typically in stock and available. There are times however when an inventory error occurs and an item is not available. Palm Jewellery reserves the right to cancel an order or substitute another item of like appearance and value for the original item purchased.
Item may appear larger or smaller than actual size due to photography methods or screen defaults. Images might also appear larger than actual size in order to show detail, or smaller than actual size in order to show an entire item. It is your responsibility to review the listed size and weight of each stone and not rely on photographs when determining your purchase.
Refund and Return Policy
Our Return Policy, as it may change from time to time, is a part of this Agreement and reflected fully on our website under "30 Day Returns". All returns must be accompanied by the original documents sent to the customer. Any return of a diamond made without the original diamond grading report will be subject to a $250 replacement fee. (Please note, all insurance replacements are not covered through our Return policy) While Palm Jewellery is happy to try and accommodate rush orders, a 10% restocking fee will be charged should the order be returned for any reason. The fee can be used as a credit towards any exchange or for a future order and never expires.
You represent and warrant that if you are purchasing something from us or from Merchants that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes and shipping.
Our lifetime warranty program protects you against any manufacturing defects on our products. Any product sold by Palm Jewellery can be sent back to us in the event that a defect is found. If the defect is determined to have occurred during the manufacturing process, we'll replace or repair the item at no cost to you. If Palm Jewellery determines that the damage was due to normal wear-and-tear, we will repair the product at cost, including the cost of shipping the repaired item back to you. It is up to the sole discretion of Palm Jewellery to determine if a defect is due to a manufacturing fault. The customer is responsible for any shipping costs incurred when sending products to us for inspection.
Our diamond upgrades program applies only to undamaged diamonds purchased from Palm Jewellery. It is up to the sole discretion of Palm Jewellery to determine if a diamond is undamaged and suitable for upgrade. The price of the original diamond must be less than or equal to $7,500 at the time that it was purchased, and the price of the new diamond must be at least twice the value of the original diamond purchased. All diamonds returned for an upgrade must be accompanied by the original diamond grading report or certificate. A 15% restocking fee will be applied to the returned diamond at the time of upgrade and coupon codes or discounts are not valid for upgrades.
Custom Jewelry are designs for Jewelry, belonging to and submitted by customers (“Custom Design”). As such you hereby agree and certify that the Custom Design (i) is your designs and do not belong to anybody else, and (ii) are not subject to any protectable intellectual property rights (trademark, copyright, etc.) of others. Once a customer submits payment to initiate a custom design draft, the design charge is not refundable. Custom jewelry items will not be cast and manufactured until the customer approves the drawings in writing via certified mail or email. Once the customer approves the drawings, the custom item is not eligible for return or replacement. Due to the intricate and labor-intensive nature of many custom jewelry items, any delivery estimate provided by a Palm Jewellery, whether oral or written delivered by any medium, is merely an approximate date, and is not a guaranteed date for delivery. Actual delivery dates may vary, up to 10 business days from the delivery estimate date. Custom jewelry is covered by our lifetime warranty and care and maintenance programs. Palm Jewellery owns all designs, renderings, drawings and models submitted to or created by our employees and/or our designers. By submitting and casting your Custom Design, you hereby grant Palm Jewellery an irrevocable, perpetual, nonexclusive, royalty-free, fully paid-up, worldwide license to use, copy, modify, and display any portion of the Custom Design incorporated into any Custom jewelry developed and delivered by you. We reserve the right to market, publicize and share any and all designs and images of the Custom Design, which website display may differ from the pictured stock images on the site. You hereby agree that if Palm Jewellery gets charged or accused of violating somebody else’s protected intellectual property as a result of Palm Jewellery’s production of the Custom Design, you hereby agree to indemnify and hold harmless Palm Jewellery and its owners and employees from any and all liabilities, losses, damages, claims, suits, judgments, costs and expenses (including reasonable attorneys’ fees and costs of any investigation or action related thereto) (“Losses”) suffered or incurred by the Indemnified Parties (i) as a result of the Indemnifying Party’s failure to disclose the source of any protected Custom Design; or (ii) from the breach or incorrectness of any representation about the source of the Custom Design made by the Indemnifying Party. The Indemnifying Party must be promptly notified in writing of any Claim within such time as is reasonably necessary to allow the Indemnifying Party to respond to the claim prior to any legally-required deadline (and in any event, no later than thirty (30) days after notice of such claim) for which indemnification is sought. The Indemnified Parties shall have sole control over the defence and settlement of any claim for which indemnification is sought and both Indemnified Parties and Indemnifying Parties shall reasonably cooperate with each other and their representatives in the investigation and defence of the Claims.
Use of Information
Certain sections of, or offerings from, the Site may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name and accurate information. Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.
Errors, Corrections and Changes
We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time. We reserve the right to correct or remove any and all errors when they occur. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.
Unlawful Activity, Compliance with Law, and Fraud Protection
Palm Jewellery may collect and disclose any information, including personally identifiable information, we deem necessary, in our sole discretion, to comply with any applicable law and regulation, government request, or legal process. In addition, we may collect and share personally identifiable information and any other information available to us in order to investigate, prevent or take action regarding suspected fraud, illegal activities, and situations involving potential threats to the physical safety of personal or as otherwise required by law. We may also exchange information, including personally identifiable information, with other organizations or law enforcement officials for credit fraud protection and risk reduction.
Third Party Content
Third party content may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section C below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties. Palmjewellery.com is registered exclusively to Palm Jewellery.
Limited License; Permitted Uses
You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in accordance with this Agreement; (b) to use the Site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
Restrictions and Prohibitions on Use
Forms, Agreements & Documents
We may make available through the Site or through other Web sites sample and actual forms, checklists, business documents and legal documents (collectively, "Documents"). All Documents are provided on a non-exclusive license basis only for your personal one-time use for non-commercial purposes, without any right to re-license, sublicense, distribute, assign or transfer such license. Documents are provided without a charge and without any representations or warranties, express or implied, as to their suitability, legal effect, completeness, currentness, accuracy, and/or appropriateness. THE DOCUMENTS ARE PROVIDED "AS IS", "AS AVAILABLE", AND WITH "ALL FAULTS", AND WE AND ANY PROVIDER OF THE DOCUMENTS DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The Documents may be inappropriate for your particular circumstances. Furthermore, state laws may require different or additional provisions to ensure the desired result. You should consult with legal counsel to determine the appropriate legal or business documents necessary for your particular transactions, as the Documents are only samples and may not be applicable to a particular situation. Some Documents are public domain forms or available from public records.
Linking to the Site
You may provide links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Site immediately upon request by us.
Advertisers and Vendors
The Site may contain advertising sponsorships and third party vendors. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser's, sponsors, or vendor's materials.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.
Regardless of the terms of this agreement, Palm Jewellery reserves the right to terminate or block your use of our site or services at our sole discretion. This may include preventing your ability to make purchases on our site or refusing to fulfil an order of our products made by you. In the event that we do not fulfil an order, a refund will be issued to you in the same form that payment was submitted.
Your right to use the Site is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.
THE INFORMATION, CONTENT, AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH "ALL FAULTS", AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE, OUR AFFILIATED PARTIES, AND THIRD PARTY VENDORS HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ONBREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
Limitation of Liability
We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Site or any services or products obtainable therefrom, (b) the unavailability or interruption of the Site or any features thereof, (c) your use of the Site, (d) the content contained on the Site, or (e) any delay or failure in performance beyond the control of us or any Affiliated Party (f) damages as a result of a cancelled order or refunded item. THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
The Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives (particularly with respect to product and service offerings), that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like "anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends," "will" and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein do not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.
Copyrights & Copyright Agents
We respect the intellectual property of others, and we ask you to do the
same. If you believe that your work has been copied in a way that constitutes
copyright infringement, please provide our Copyright Agent the following
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b. A description of the copyrighted work that you claim has been infringed;
c. A description of where the material that you claim is infringing is located on the Site;
d. Your address, telephone number, and email address;
e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached by directing an e-mail to the Copyright Agent at firstname.lastname@example.org
Information and Press Releases
The Site contains information and press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein.
Arbitration and legal controversy
Any legal controversy or legal claim arising out of or relating to this Agreement or our products or services, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, Site operations, intellectual property, and our services, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in San Diego, California and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in San Diego, California necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs incurred through American Arbitration Association. If you shall file any action in any court of the United States against Palm Jewellery, its owners, you shall be responsible for all costs of defence and expenses expended by Palm Jewellery as a result of your failure to abide by this arbitration agreement notwithstanding whether you are the successful party in the action.
This Agreement shall be treated as though it were executed and performed in San Diego, California, and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, Documents, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in this Agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.