Effective March 26, 2018
These "Terms and Conditions” apply to all of our sites.
By using the JewelryRepairClub.com site (the "Site"), you agree that you have read and you understand, and consent to the following Terms and Conditions of Use, in their entirety including any updates that may be posted on the Site from time to time. The terms and conditions contained herein and those described on the JewelryRepairClub.com website hall be binding on each and every customer of Jewelry Repair Club and shall inure in the benefit of Jewelry Repair Club and Jewelry Repair Club’s successors and assigns. If you do not agree to these agreements and policies do NOT use any JewelryRepairClub.com services or applications, including but not limited to the Site (the “Service(s)”). JewelryRepairClub.com reserves the right to revise this Terms and Conditions, at its sole and absolute discretion, by updating this posting. If changes are material, we will post a banner and a link on our main homepage at JewelryRepairClub.com notifying you of the material change. The revised terms will take effect the date they are posted on the JewelryRepairClub.com Site. Your continued use of the JewelryRepairClub.com Site constitutes your agreement to follow and be bound by these Terms and Conditions. Please review these posted terms on a regular basis.
If you need any assistance with the Site, please contact Customer Service via email at [email protected].
PLEASE NOTE THAT THIS AGREEMENT CONTAINS A BINDING INDIVIDUAL ARBITRATION PROVISION THAT AFFECTS YOUR RIGHTS TO SUE UNDER THIS AGREEMENT.
Requirements for use.
You must be and, by sending Jewelry Repair Club any property or items (individually, an “Item”, and collectively, “Items”), or otherwise conducting business with Jewelry Repair Club, you represent and warrant that you are:
- At least eighteen (18) years of age;
- The actual legal owner of any and all Items sent to Jewelry Repair Club or specifically authorized in writing to send the Items to Jewelry Repair Club;
- Unless specifically authorized in writing, acting on your own behalf and not as the agent or representative of another person; and
- Intending and agreeing to be legally bound by these terms and conditions.
Jewelry Repair Club may request documentation or other proof of compliance with any of these requirements. You expressly represent, warrant and agree that you have (or if acting on behalf of or as agent or representative of another person, such person has), full, legal and unencumbered title to, and ownership of, every Item that is sent or delivered by you to Jewelry Repair Club and that you have full authority to solely engage in the transaction with Jewelry Repair Club.
Site Contents
Unless otherwise noted, the design of the Site, the Site as a whole, and all materials that are part of the Site (collectively, "Contents”) are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by Jewelry Repair Club or its subsidiaries and affiliates.
Comments, Feedback and Other Submissions
We welcome your comments and feedback regarding our Site, our products and our services. We do not, however, accept confidential or proprietary information. Accordingly, all comments, feedback, ideas, suggestions, materials, information and other submissions disclosed, submitted or offered to Jewelry Repair Club using this Site or otherwise (collectively, "Comments”) are not confidential and will become and remain Jewelry Repair Club's property. The disclosure, submission or offer of any Comments will constitute an assignment to Jewelry Repair Club of all worldwide rights, titles and interests and goodwill in the Comments without payment of any compensation. Comments submitted by you must not violate any right of any third party, and must not contain any libelous, abusive, obscene or otherwise unlawful material.
The Contents are intended solely for your personal, noncommercial use. Music and videos may not be copied except only as necessary to access the Site. You may copy other Contents displayed on the Site for your personal, noncommercial use only. No right, title or interest in any Contents is granted or transferred to you as a result of any such copying. Except as noted above, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Contents or the Site. Unauthorized use of the Contents is expressly prohibited by law, and may result in severe civil and criminal penalties.
Links to Other Websites and Services
This Site may include links to other Internet sites maintained by third parties ("Linked Sites”). Jewelry Repair Club provides Linked Sites to you solely as a convenience, and the inclusion of Linked Sites does not imply endorsement by Jewelry Repair Club of the Linked Sites. You access Linked Sites at your own risk and by accessing them you leave the JewelryRepairClub.com Site. Linked Sites are not under the control of Jewelry Repair Club and Jewelry Repair Club is not responsible for the contents of any Linked Site.
Modifications to Service
Jewelry Repair Club reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Jewelry Repair Club shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Disclaimer, Limitation of Liability and Indemnity
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THIS SITE, ALL CONTENTS AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN 'AS IS' BASIS. JEWELRY REPAIR CLUB DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. JEWELRY REPAIR CLUB DOES NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH JEWELRY REPAIR CLUB ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THIS SITE. YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER JEWELRY REPAIR CLUB NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE, OR ANY INFORMATION OR MATERIALS PROVIDED ON THE SITE. JEWELRY REPAIR CLUB IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MATERIALS ON THE SITE, OR WITH ANY OF JEWELRY REPAIR CLUB'S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS JEWELRY REPAIR CLUB, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, VENDORS AND AFFILIATES FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF ANY OF THESE TERMS AND CONDITIONS.
This limitation of liability shall be binding on each and every customer and any third party, including, but not limited to, the customer and the customer's successors, assigns, insurance carriers and any other individual or entity asserting any right or claim relating to customer's transaction with Jewelry Repair Club. In no event shall Jewelry Repair Club be liable for any damages from the loss or destruction of property in its possession for any reason, including negligence, except as stated herein. In no event shall Jewelry Repair Club be liable to any third party, including any insurance carrier. JEWELRY REPAIR CLUB SHALL NOT BE LIABLE FOR ANY SUBROGATION CLAIM BROUGHT BY THE CUSTOMER'S INSURANCE CARRIER, AND, BY SUBMITTING AN ITEM TO JEWELRY REPAIR CLUB, CUSTOMER EXPRESSLY AND SPECIFICALLY WAIVES ANY SUCH SUBROGATION CLAIM ON HIS OR HER BEHALF AS WELL AS ON THE BEHALF OF HIS OR HER INSURANCE CARRIER.
Indemnification
You agree to indemnify and hold Jewelry Repair Club, its affiliates and their respective parents, subsidiaries officers, directors, employees, agents and representatives harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising in any way out of: (a) your participation in the Site, (b) any violation of this Terms and Conditions by you, (c) the violation, infringement or misappropriation by you, or another using your account, of any intellectual property or other right of any person or entity, including, but not limited to, trademark, copyright, right of publicity and right of privacy, or (d) any pornographic, hate-related, threatening, libelous, obscene, harassing or otherwise objectionable or offensive material contained in any of your postings or other communications.
Terms and Conditions, Notices, Revisions, Arbitration
If you choose to visit JewelryRepairClub.com, your visit and any dispute over the terms and conditions of the Site or your purchase of products and services through the Site is subject to these Terms and Conditions and our Privacy Policy, including limitations on damages, resolution of disputes, and application of the law of the Commonwealth of Pennsylvania. Our business changes constantly, and our Privacy Policy and the Terms of Conditions will change also. We will post a banner and a link on our main homepage at JewelryRepairClub.com notifying you of material change to these Terms and Conditions, so please check the Site frequently for such recent changes. Unless stated otherwise, our current Terms and Conditions apply to all information that we have about you and your account. You agree that our services shall be deemed solely based in the Commonwealth of Pennsylvania; and (ii) we shall be deemed a passive web site and our services do not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than the Commonwealth of Pennsylvania.
Except where prohibited, by visiting and using JewelryRepairClub.com, you agree that any and all questions, controversies, claims and causes of action arising out of or connected with the construction, validity, interpretation, and enforceability of these Terms and Conditions shall be resolved exclusively by means of binding and final arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, in Philadelphia, Pennsylvania, and shall be resolved individually, without resort to any form of class action or representative action, and you agree that you shall not seek to aggregate any claims with other individuals. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Claims shall be heard by a single arbitrator. The place of arbitration shall be Philadelphia, Pennsylvania. The arbitration shall be governed by the laws of the Commonwealth of Pennsylvania without giving effect to any choice of law or conflict of law rules of the Commonwealth of Pennsylvania or of any other jurisdiction. Depositions shall be limited to a maximum of three per party and shall be held within twenty days of the making of a request. Additional depositions may be scheduled only with the permission of the arbitrators, and for good cause shown. Each deposition shall be limited to a maximum of seven hours duration. Time is of the essence for any arbitration under this agreement and arbitration hearings shall take place within ninety (90) days of filing and awards rendered within one hundred twenty (120) days. The Arbitrator shall agree to these limits prior to accepting appointment. The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. The prevailing party shall not be entitled to an award of attorney fees. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. The parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that party to present evidence or cross-examine witness. In such event, the other party shall be required to present evidence and legal argument as the arbitrator may require for the making of an award. Such waiver shall not allow for a default judgment against the non-paying party in the absence of evidence presented as provided for above.
Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S).
Non-Waiver
The failure of JewelryRepairClub.com to insist upon performance of any of the terms and conditions of this Terms and Conditions, or the waiver of any breach of, or the decision to not exercise any of its rights under, any of the terms or conditions of this Terms and Conditions, shall not be construed as thereafter waiving any such terms and conditions, or any other terms and conditions of this Terms and Conditions. Any waiver must in writing and signed by JewelryRepairClub.com.
The failure of JewelryRepairClub.com to comply with these Terms and Conditions because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of JewelryRepairClub.com, shall not be deemed a breach of these Terms and Conditions.
Liability for Lost, Stolen or Damaged Items
Jewelry Repair Club will send customers a pre-paid envelope so that customers may send their jewelry to Jewelry Repair Club for service. Jewelry Repair Club will insure the pre-paid envelope and all contents for an aggregate sum of five hundred dollars ($500.00). When we ship your jewelry back to you, it is insured for up to $500. Customer must notify Jewelry Repair Club via fax or email prior to the return shipment that they wish to purchase additional insurance and that the customer agrees to pay for any extra insurance requested. Jewelry Repair Club shall, in its sole discretion, choose the return carrier, insurance and receipt verification method for each transaction.
Through use of this Site, the customer agrees that (i) Jewelry Repair Club is not responsible for the condition of the stones or jewelry at the time of Jewelry Repair Club or the customer’s receipt, including damage to the item in transit; and (ii) Jewelry Repair Club is not responsible for loss, damage or theft of the item(s) unless the result of their negligence. Customer agrees that any such loss or damage will be limited to the lesser of the actual cost to repair or replace the item(s) or five hundred dollars ($500.00). Jewelry Repair Club shall not be liable to anyone for any damages, including but not limited to, incidental, consequential, punitive, loss of profit or opportunity, other than as set forth herein above. By submitting the items, customer explicitly and expressly accepts this limitation of liability.
IF YOU BELIEVE YOUR JEWELRY OR OTHER PROPERTY IS WORTH MORE THAN $500.00, WE RECOMMEND THAT YOU INSURE YOUR SHIPMENT AT YOUR OWN EXPENSE USING ANY CARRIER YOU CHOOSE.
To read the Stamps.com's Parcel Insurance Plan (PIP)
Jewelry Repair Club adheres to, click here:
https://www.stamps.com/support/general/account/policies/insurance-policy/
Jewelry Repair Club reserves the right in its sole discretion to reject delivery of any mail, envelope or package which appears to be damaged, opened, or tampered with and any such mail, envelope or package will be returned by the post office to the customer. Jewelry Repair Club shall have no liability to any customer for any such attempted delivery or return of any such items. PLEASE INCLUDE WITH YOUR SHIPMENT A COMPLETE INVENTORY OF YOUR JEWELRY. In the event your pre-paid envelope arrives at our facilities and any items of your jewelry are missing or lost from your pre-paid envelope and such items are not listed on the included inventory list, we will not be responsible for such lost or missing jewelry.
Return/Refund Policy
There are no refunds for Jewelry Repair Club’s services. These services are all custom orders and the customer decides on the services performed, therefore these orders are non-refundable. Please review your orders carefully to be certain it is correct before placing it.