Terms & Conditions
The following terms set out the relationship between American Jewelry (“American Jewelry”,”us”,”we”,”our”) and you (“you”,”your”,”buyer”,”seller”,”customer”,”member”).
We provide buyers and sellers (referred to as, respectively, “buyers” and “sellers” and, together, “users”) with an e-commerce platform (the “site”,“service”) that enables the purchase of items. These terms are legally binding and apply whenever you use the site. By accessing and/or using our site or services you agree to be bound by these terms. You are not permitted to use the site or services if you are under the age of 18. By using our site or services, you warrant that you are over 18 years of age and that you understand that if you transact using our site or services that you are entering into a legally binding contract with another user.
By accessing and using our site and services you agree to the terms and conditions. If you do not agree to these terms, you may not access this site or use the services. American Jewelry also makes available to sellers optional add-on software applications “Apps”. By installing “Apps” provided by American Jewelry you agree to these terms. These may change from time to time. Updated terms will be posted on this site. Before using our site or services on any occasion you should always check whether these terms have changed. If you use our site or services, it is the latest version of these terms which is legally binding on you.
American Jewelry Conditions
Our site and services create a venue and a system that assists buyers to purchase products and services. We do not fulfill sales from sellers to purchasers. We do not pre-screen users (except for services that require an application) or the content or information provided by users.
When using our site or services, you agree that you will not:
- Violate any laws, any third party rights (including copyright or other intellectual property rights), or our policies;
- Fail to pay for products or services purchased by you;
- Fail to deliver items or services purchased from you;
- Post any harmful, inappropriate, illegal, defamatory, commercial-in-confidence, infringing or explicit material (and you agree that the decision as the whether any material falls within these categories will be made by us, acting reasonably);
- Be disrespectful to other users (and you agree that the decision as the whether any behaviour falls within this category will be made by us, acting reasonably);
- Distribute or post spam, unsolicited, or bulk electronic communications, chain letters, viruses, pyramid schemes, or anything that may, in our reasonable opinion, harm, annoy or inconvenience American Jewelry or its users;
- Use scripts, bots or other automated technology to access or scrape content from our site or service.
We are not responsible for any other websites that are linked through to our site or services. We do not endorse any content on those sites.
You agree that we can contact you from time to time, by email or otherwise, in relation to the operation of our site or services.
We reserve the right to display advertising or other content on any part of our site or services.
We do not claim any ownership rights to any items, files, or content such as images, text, video files or audio files made available for, or incidental to, any sale via our site or services. By publishing an item for, or incidental to, any sale you do provide us with a world-wide, royalty free, non-exclusive license to reproduce or edit that content for the purposes of promoting and using our site and services.
Refunds and Buy Back Policy
American Jewelry offers a 7 day refund from the day of purchase if the item is still in NEW condition. This refund policy is only offered on the center diamond and not the ring(s) or mountings.
American Jewelry offers a 1 year buy-back policy. This policy is for the center diamond only and only offered on diamonds of 1 carat or more. American Jewelry offers this buy-back policy at a rate of 65% of the original purchase price of the diamond. This offer is good for a period of one (1) year from the date of purchase.
At our sole discretion we may offset any amounts payable to you against any amounts payable by you under these terms. If after offsetting all our charges and refunds your account with us is in deficit, we will notify you and then wait 5 days. If after that time the account does not have sufficient funds with which we can offset the deficit, we can suspend you from our site and services. We will issue you with a statement for the deficit balance you must pay us, the amount will be regarded as a debt, and you have 7 days from the date of the statement to pay us.
Suspending and Terminating Your Account
We may suspend or terminate your account and use of our site and services if:
- You breach these terms;
- You engage in any activity that breaches any law;
- We consider it necessary for any reason to protect us or our users;
- We consider you to be disrupting or interrupting the site in any way, using multiple accounts, using proxy IP addresses, or in our opinion represent a fraud risk.
If your account is terminated, we may elect at our discretion to permanently delete all your content and it will not be able to be recovered or accessed again.
Liability and Indemnity
We do not warrant that our site or services are error, virus or fault free. Due to the nature of the internet, outages may occur and we may need to restrict or suspend access to this site or our services from time to time. We do not warrant that our site or services will always be available or that they will operate in an uninterrupted manner. We cannot guarantee the accuracy of information provided on this site and we do not warrant that information will be transmitted in a reliable, timely or accurate manner.
Except for certain consumer protection guarantees that cannot be excluded, we (including our related bodies corporate) do not make any warranties or guarantees with respect to your use of this site or our services. Other than claims available to you under consumer protection laws or as otherwise set out in our agreement with you, we (including our related bodies corporate) are not responsible or liable for any transactions you enter into via this site.
Except for claims available to you under consumer protection laws and to the extent we are able to under law, we (including our related bodies corporate) exclude all liability to you (including for negligence) in relation to our agreement with you and your use of this site, for any loss or damage including, but not limited to loss of profits, loss or corruption of data, loss of reputation, business or opportunity or for any type of special, direct, indirect, incidental or consequential loss or damage which you or a third party may incur.
To the extent we can under consumer protection laws and other laws, our (including our related bodies corporate) liability to you is limited to: (a) in the case of goods, the repairing or replacement, or the cost of repair or replacement, of the goods; and (b) in the case of services, the resupplying of the services or equivalent services or the cost of resupply of the services.
To the extent we or our related bodies corporate are liable to any third party in relation to the use of, or a transaction made via, this site whatsoever, we limit our (including our related bodies corporate) liability to $1,000.
You indemnify us and our related bodies corporate against any claims, loss, liability or damage (including legal costs) we or our related bodies corporate may incur as a result of your use of this site or our services (including but not limited to transactions made, or attempted to be made, via this site or our services), your content being on this site or our services, your breach of your agreement with us, and from any claims from third parties (including but not limited to your customers).
You hereby waive any claim against us, and release us from any liability, in relation to any transaction you enter into with any buyer or seller using our site or services. You agree that such transactions are contracts between you and the buyer or seller, as the case may be, and they we are not a party to, or agent of any party to, those contracts.
Any failure by us to enforce any terms set out in our agreement with you is not a waiver of our rights to enforce those terms.
If a term of our agreement with you is unenforceable or void, that term can be severed and the rest of the agreement with you will continue to apply.
Our agreement with you does not create a partnership, agency, employment or other relationship between you and us.
If you need to contact us for any reason you can contact us at [email protected]
American Jewelry is committed to upholding a high standard when it comes to our privacy practices and standards. It’s important to us that you’re happy with American Jewelry, so we provide options for you to control how much information you share and your communication preferences. We use secure technologies and follow best practices. We believe in being transparent about our practices, which is why we provide a detailed Private Policy to explain how we gather, use and protect your information.
We will not use or disclose your personal information other than for the purposes of collection described in this policy or for purposes for which we have received your consent, and always in accordance with the privacy settings you have selected.
Information Collected or Received
We collect, use and disclose on that information that is required to enable us to manage your account, identification and authentication purposes, for service improvement, to provide our services, to maintain customer/visitor lists, to respond to inquiries, and to address malicious use of our services.
“Personal information” is any information that can be used to identify you. We collect personal information about you if you provide it to us knowingly. This includes your name, address, telephone number, email address, or credit card or financial account details.
We may also collect personal information from third parties, such as our service providers, business affiliates and credit reporting agencies. Generally speaking, we will provide you on request with access to the information we hold about you. If there is a reason why we can’t give you access to such information, we’ll let you know. If you advise us of any errors relating to your personal information held by us, we will amend your personal information to correct them.
When you register as a user of this site, or contact us, we collect your full name, email address, telephone number, address, and in some cases, your financial and credit details, together with other information as may be requested on the registration form, transactions, user support or surveys from time to time.
We will collect personal information from users only if they voluntarily submit such information to us. It is the choice of the user whether to provide personal information, however, If a user does choose not to provide certain requested personal information that user in certain circumstances will not be able register or able to use certain features of the site.
We may collect personal information from our third party service providers, such as credit reporting agencies. We use this information to provide our services to you, to administer this site and to enable third parties such as sellers to provide services to you, as well as for the other purposes set out in this policy.
Uses and Sharing
We use the information that we gather from our users in a number of ways, including to provide and improve our services, for targeted online marketing, and to communicate with you. We also partner with service providers and other third parties that collect, use, and analyze information about American Jewelry users. We will only use or disclose your personal information or sensitive information for the purposes for which you have provided it to us, and as set out in this policy, unless you have consented to the use or disclosure; or it is necessary to comply with the law.
We collect information for the following purposes:
- In order to facilitate the buying and/or selling of items and services on our site;
- To personalize the user experience;
- To provide users with transactional notifications such as unsubscribing, registration confirmations, confirmation of account changes, or emails relating to a user’s account or changes in the site terms or policies;
Your personal information is collected so that we, as well as our related entities and business affiliates can promote and market our/their services to you (including by way of direct mail, telemarketing, email, SMS and MMS messages). This is to keep you informed of products, services and special offers and may continue even after you have stopped using this site. However, this will be done only in accordance with the privacy settings you have selected. We require that third parties with whom we share your personal information safeguard it the same way we do.
You may review and change your information in your account settings, and you may remove certain optional pieces of information. You may opt-out of receiving certain types of communications from American Jewelry in your account settings.
We hope that shopping on americanjewelry.co will be a rewarding experience and there are a few things we would like you to know. So here we go:
The term “Buyer” refers to any person or company that holds an account or membership with americanjewelry.co or any person or company who chooses to purchase any item offered on americanjewelry.co without setting up an account or membership using “checkout as a guest” selection.
Americanjewelry.co strongly prefers and recommends to ship item to buyer with signature confirmation. If buyer chooses not to use signature confirmation, buyer agrees to release American Jewelry from liability.
Buyer agrees to accept item even if some of American Jewelry’s services cannot be performed for unforeseen reasons. (i.e. item can’t be engraved because engraving will not fit, etc…). If this is the case, then American Jewelry will refund the price paid for any service not rendered and notify the buyer immediately. The transaction will resume as normal and the item will be delivered to the buyer with all other services performed.
Shipping / Shipping Insurance Fees
The buyer assumes the cost of shipping and shipping insurance from American Jewelry
We may charge you the following additional fees:
USD$30 if we are required to investigate a dispute and process a refund;
USD$35 is we are charged a chargeback fee from our payment gateway provider;
USD$50 if you have a deficit fund balance and you fail to pay our invoice within 7 days of receiving the invoice from us.
We will deduct the applicable service fee and charges from the funds received in relation to each transaction. Amounts received on your behalf from our payment gateway, after deducting any amounts due to us, will be remitted to your bank account (if you are based in the US) or your Paypal account (if you are based outside the US) on the 1st and 15th of each month.