Terms of Use
Jewels by Alex owns and operates the web site www.jewelsbyalex.com (collectively the “site”), and offers customer-friendly policies designed to afford you a most secure and safe shopping experience. BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE. By using the Site, you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, please do not use the site. Jewels by Alex reserves the right, at its sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Please review the terms and conditions periodically. Your continued use of the site following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions.
Product Availability and Pricing
If you’re interested in a piece of jewelry that is currently on back order, call us and we can tell you when the item will be back in stock. Sometimes with the volume of orders we receive, an item may go out of stock before we are able to post a notification on the Site. If this happens, we will contact you directly to discuss possible options.
Data, including prices, may be inaccurately displayed on our site due to system or typographical errors. While we make every attempt to avoid these errors, they may occur. We reserve the right to correct any and all errors when they do occur, and we do not honor inaccurate or erroneous prices. If a product’s listed price is lower than its actual price, we will, at our discretion, either contact you for instructions before shipping the product or cancel the order and notify you of such cancellation. If the order has been shipped, you agree to either return the product or pay the difference between the actual and charged prices. Our prices are also subject to change without notice. We apologize for any inconvenience that this may cause. If you have any questions, please do not hesitate to contact us at sales@jewelsbyalex.com or 844-999-2539.
We may negotiate prices on our products from time to time.
Diamond Certificates
When you order a loose diamond, we ship it to you with the accompanying diamond grading report (also called a diamond certificate). These grading reports are detailed documents created by diamond grading experts at one of two highly-respected diamond laboratories – making it very expensive to replace a diamond grading report. Because of this, we require each diamond grading report to be included with each returned diamond. If you do not include the diamond grading report with your return, you will be charged a replacement fee of $250.
Comparison Buying
To keep our prices low, we do not allow comparison buying. Comparison buying is the act of buying several items with the intent of keeping the one you like best and returning the remainder. This causes undue restocking and inventory overhead and can be very costly. To confirm the quality of a jewelry item, please contact us at sales@jewelsbyalex.com or 1-844-999-2539, and we would be happy to help you make your choice. We can email more photos to you for comparison & even go as far as video call for in depth look face to face with ourselves and the comparing items.
Acceptable Uses
You may use the Site for legitimate shopping purposes only. You may not harm the site in any way or otherwise use the site in any improper manner, including, but not limited to, hacking into the site’ systems, spoofing or facing e-mail headers or slowing or stopping the functionality of the site.
If you create a password and account designation upon completing the registration process you are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Jewels by Alex of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Jewels by Alex will not be liable for any loss or damage arising from your failure to comply with this paragraph.
Restrictions on Use of Materials
The site and all of its contents including, without limitation, all text, software, software source code, trademarks, logos, designs, images, photographs, audio visual materials, written materials, graphical “look and feel” user interface, web site information architecture, functional site features and layout, and any other form of material (“Website Content”) is owned by us or licensed to us by third parties. The copyright and all other intellectual property rights in all website content is owned by us. Any rights or licenses of the website content not expressly granted by the Terms of Use are reserved. No software from the site may be downloaded, exported or re-exported in violation of any law, including, without limitation, to countries that are subject to US export restrictions. Your use of the website content without written permission of the website content owner is strictly prohibited.
Product Descriptions – Product Images
Jewels by Alex makes all reasonable efforts to display the products listed for sale on the site as accurately as possible. However, the colors we use, as well as the display and color capabilities of your computer monitor, will affect the colors that you actually see on your screen. Jewels by Alex cannot guarantee that your monitor’s display of any product color, texture or detail will be accurate. In addition, Jewels by Alex does not warrant those product descriptions or other content are accurate, complete, reliable, current or error free. If a product offered by Jewels by Alex is not as described, your sole remedy is to return it in unused condition.
Pricing Policy
Should any pricing or copy errors occur on this or any third party web site operated by or on behalf of Jewels by Alex, we reserve the right to correct. We strive to maintain an accurate price representation for all products represented herein. Price discrepancies, as the result of technical or human error, will not be honored.
Policy on Ethical Sourcing
At Jewels by Alex, we only purchase diamonds through the largest and most respected suppliers who, like us, proudly adhere to and enforce the standards established by the Kimberley Process, an international system that polices the trade of diamonds to ensure they are from sources free of conflict. You may find more information about this process at http://www.kimberleyprocess.com/
Zimbabwe Diamonds
Jewels by Alex is committed to ensuring that the highest ethical standards are observed when sourcing our diamonds and jewelry. Because of the reported human rights abuses in Zimbabwe’s Marange diamond district, Jewels by Alex will not purchase or offer diamonds from that area. As a responsible member of the diamond and jewelry industry, we are working with our suppliers to ensure our consumers receive only the finest goods procured from ethical sources.
Trademark Notice
In general, all trademarks, logos and service marks (collectively, the “trademarks”) which appear on the site are registered and unregistered Jewels by Alex trademarks belonging to Jewels by Alex. Other trademarks are proprietary marks and are registered to their respective owners. Nothing contained on the site should be construed as granting, by implication or otherwise, any license or right to use any trademark displayed on the site without the written permission of Jewels by Alex or such third party who owns the trademark. Misuse of any trademarks displayed on the site, or any other content on the site, except as provided herein, is strictly prohibited.
Information on our Site
At Jewels by Alex, we make every attempt to ensure that our online store is as accurate and complete as possible. In order to give you the opportunity to view our products in great detail, some products may appear larger or smaller than their actual size in our photographs; and since every computer monitor is set differently, color and size may vary slightly.
Our objective is to provide you with as much information and detail about your prospective purchase as possible so that you can see the beauty and shape of a particular item. In compliance with industry standards and FTC regulations, Jewels by Alex states that carat total weight in all purchases may vary 0.05 carats from stated weight.
On the site, we provide the measurement of our products based on our manufacturing specifications. Slight tolerances may be accounted for based on finishing during the manufacturing. Width tolerance on machine made wedding bands of 0.20mm is allowed. Cast manufactured rings can vary slightly more.
For gemstone and pearl measurements, a tolerance of 0.25mm is allowed.
For diamond jewelry set with multiple diamonds, we provide the minimum total carat weight for the piece. Color and clarity grades are expressed as either a minimum or an average depending on the number of diamonds. If stated as a minimum, all diamonds within the piece are at or above the stated quality. If expressed as an average, collectively the quality is equal to or exceeds the grade stated.
Suggestions or Comments
Please note that any suggestions, materials, ideas or comments submitted to Jewels by Alex shall be deemed not confidential. You hereby granted Jewels by Alex an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such materials, information, suggestions, ideas or comments (other than your name) for any purpose whatsoever. Jewels by Alex will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You grant Jewels by Alex the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the content that you submit, or that you otherwise have the right to submit such content to this site; (b) the content is accurate and not misleading; and (c) use and posting of the content you supply will not violate any rights of or cause injury to any person or entity.
Your Account
In the event you register and/or purchase a product, you agree to provide true, accurate, current and complete information about yourself as prompted by the registration form. If you provide any information that is untrue, inaccurate, not current or incomplete, or Jewels by Alex suspects, for any reason, that such information is untrue, inaccurate, not current or incomplete, Jewels by Alex, in its sole discretion, has the right to suspend or terminate your account, cancel order(s), and refuse any and all current or future use of the site in its sole discretion.
Disclaimer of Warranties and Limitation of Liability
THE MATERIALS AND INFORMATION PROVIDED BY JEWELS BY ALEX ON ITS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. JEWELS BY ALEX MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF ITS WEB SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON OUR SITE. YOU AGREE THAT YOU’RE ACCESS TO, AND USE OF ALL JEWELS BY ALEX SITE IS AT YOUR OWN RISK.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, JEWELS BY ALEX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, REASONABLE CARE AND SKILL, OR NON-INFRINGEMENT. JEWELS BY ALEX DOES NOT WARRANT THAT ITS SITE, ITS SERVERS, OR E-MAIL SENT FROM JEWELS BY ALEX ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. JEWELS BY ALEX WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.
IN ADDITION, FROM TIME TO TIME ON OUR SITE WE PROVIDE LINKS TO THIRD PARTY SITE AS A SERVICE TO OUR CUSTOMERS. WHEN YOU CLICK ON THESE EXTERNAL LINKS, YOU WILL BRING UP A WINDOW OR BE SENT TO A THIRD PARTY WEB SITE THAT IS NOT JEWELS BY ALEX. JEWELS BY ALEX DOES NOT VERIFY, VALIDATE, WARRANT OR ENDORSE ANY PRODUCT OR INFORMATION FOUND ON ANY THIRD PARTY SITE.
JEWELS BY ALEX IS A PCI COMPLIANT SITE AS WELL AS HAVING ALL SSL CERTIFICATES UP TO DATE
This disclaimer of liability applies to any damages or injury caused by any failure or performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, act of god, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. You also specifically acknowledge that Jewels by Alex is not liable for your defamatory, offensive, infringing or illegal materials or conduct or that of third parties.
Under no circumstances and under no legal theory (including, but not limited to, negligence) shall Jewels by Alex be liable to you or any other person for any damages, whether direct, indirect, special, incidental, consequential, punitive or otherwise that result from, arise out of, or are in connection with the use of or access to, or the inability to use or access, the site or their contents, or third party site linked to/from Jewels by Alex, even if Jewels by Alex has been advised of the possibility of such damaged links.
The law of certain states may not allow limitations on warranties or damages as described above. If such law applies to you, some or all of the above disclaimers, exclusions or warranties may not apply to you and you may have additional rights. However, in no event shall Jewels by Alex aggregate liability to you for all claims, damages, losses, and causes of action exceed the amount paid to Jewels by Alex by you for accessing our site.
Indemnification
You agree to indemnify, defend, hold harmless, Jewels by Alex, its affiliates, its independent contractors, service providers, consultants, and their respective officers, directors, employees, agents, representatives, and third party providers, to the site from and against all losses, expenses, damages, and costs, including reasonable attorney’s fees, resulting from any violation of this agreement by you. Jewels by Alex reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Jewels by Alex in asserting any available defenses.
Termination
Users agree that Jewels by Alex may terminate users’ access to and use of the site if Jewels by Alex reasonably believes that users have violated or acted inconsistently with the letter or spirit of the Terms of Use, or violated the rights of Jewels by Alex or any third party, or for any reason with or without notice to user. User agrees that Jewels by Alex may modify or discontinue the site, with or without notice to them. Users agree that Jewels by Alex will not be liable to them or any third party as a result of such modification or discontinuation. The provisions entitled “Disclaimer of Warranties and Limitation of Liability” will survive termination of these Terms of Use.
Severability
If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
Jurisdiction and Governing Law
The site is controlled and operated by Jewels by Alex from its office in Southampton, Bucks County, Pennsylvania, United States of America. Although the site can be accessed from other locations, by accessing the site, you agree that these Terms of Use shall be governed by and construed in accordance with the laws of the State of Pennsylvania, without giving effect to its conflicts of law principles. You also consent to personal jurisdiction in Bucks County, Pennsylvania for any dispute arising hereunder.
Technology Issues
We cannot warrant that the Jewels by Alex site will operate uninterrupted, error-free, without defects, or that the server will be free of viruses or other harmful elements. As a visitor to the site, your access is undertaken at your own risk. As such, we are not liable for any damages related to your access of or inability to access the site, even if Jewels by Alex knew or should have known of the potential for such damages.
Modification and Notice
These Terms of Use constitute the entire agreement between Jewels by Alex and you relating to the subject matter herein. Jewels by Alex shall have the right to change or modify these Terms of Use at any time. You agree that Jewels by Alex may modify these Terms and Conditions and any other policies on our site at any time and that posting the modified Terms and Conditions or policies on our site will constitute sufficient notice of such modification.
