Pearls International Terms and Conditions
Revised as of October, 2013
The Terms and Conditions that govern the use of this website by the website user (herein “you” or “your”) are as follows. Please read these terms and conditions carefully.
By using www.pearlsinternational.com and/or when you make an order on www.pearlsinternational.com (herein “Pearls International” or “Site”), you agree to comply with and be bound by the following terms.
Pearls International reserves the right to change or modify any of these Terms and Conditions or any policy or guideline of the Site at any time, in its sole discretion. Any change or modification will be effective immediately upon posting of the revisions on the Site. Your continued use of the Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review these Terms and Conditions and any other applicable policies from time- to-time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.
3. Intellectual Property Protection
The Site as a whole, and all material on the Site, is protected by domain ownership rights, trade name rights and other intellectual property rights. The Site and all content and other materials, including, without limitation, the Pearls International logo, and all designs, text, graphics, pictures, selection, coordination, ‘look and feel’, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of Pearls International and are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
You acknowledge and agree that any materials provided by you to Pearls International, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information regarding the Site, Pearls International, or our products or services that are provided by you to Pearls International are non-confidential and shall become the sole property of Pearls International. Pearls International 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 Pearls International and its affiliates and sublicensees the right to use any name that you submit in connection with such content, if they so 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 the 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.
You are granted a personal, limited, non-sub-licensable license to access and use the Site and electronically copy, (except where prohibited without a license) and/or print to hard copy portions of the Site Materials for your informational, non-commercial and personal use only. Such license is subject to these Terms and Conditions and does not include: (a) any resale or commercial use of the Site or the Site Materials therein; (b) the collection and use of any product listings, pictures or descriptions for commercial purposes; (c) the distribution, public performance or public display of any Site Materials, (d) modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof; (e) use of any automated means to access, monitor or interact with any portion of the Site, including through data mining, robots, spiders, scraping, or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; (g) cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisement, or anything else which minimizes, covers, or frames or inhibits the full display of the Site; (h) use the Site in any way which interferes with the normal operation of the Site; or (i) any use of the Site or the Site Materials other than for its intended purpose. Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of Pearls International, is strictly prohibited and will terminate the license granted herein to you. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms and Conditions shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time.
6. Links and Third-Party Content
The Site may contain links to other websites or content (“Third-Party Content”) as a service to those interested in this information. Pearls International does not monitor or have any control over any Third Party Content or third party sites. Pearls International does not, by linking to another site, or by making reference to any third-party information, products or services, endorse those sites or materials. Pearls International does not represent or warrant the accuracy of any information contained therein, and undertakes no responsibility to update or review any Third Party Content. Your use of these links and/or Third Party Content contained therein is at your own risk. Any questions or comments relating to any other site should be addressed to the operator of those sites. No linking to this website is permitted without prior written permission of Pearls International.
7. Third-Party Advertisements and Promotions
Pearls International may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of advertisers other than Pearls International, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. Pearls International is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.
8. Pearls International Advertisements and Promotions
Pearls International promotions are not combinable with other promotions or discounts including vouchers and coupons. Coupons and vouchers are not redeemable for cash. Please note that Pearls International reserves the right to rescind, revoke or terminate its promotions at any time, with or without cause.
The products depicted on the Site are representative of the Pearls International Collection, though not all Pearls International products are shown on the Site. The styles, designs and colors of the Pearls International products shown on the Site may be changed without notice.
Pearls International shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused by circumstances beyond its reasonable control.
You agree to defend, indemnify and hold harmless Pearls International and its parent company, JMS Brokers, Inc., their affiliates, officers and employees, from any and all claims, damages, losses, costs and expenses, including, but not limited to, reasonable attorneys’ fees and court costs, arising from or related to your use of the Site.
11. Product Availability and Pricing
All products on the Site are subject to availability. Pearls International reserves the right to limit the quantity of products it supplies; to supply a partial order or to divide orders, if necessary. Pearls International reserves the right to alter the terms or duration of any special offers or sale promotions. If an item goes out of stock before Pearls International is able to post a notification on the Site, Pearls International will attempt to contact you directly to discuss possible options.
Placing an item in your cart or on your Wish List does not reserve the price shown at that time. It is possible that the price of an item will increase or decrease between the time you place it in your cart or on your Wish List and the time you purchase it. Pearls International does not offer post- order price matching when the price of an item drops after your purchase. Pearls International consistently offers competitive prices on all items, however, because they are based on the latest market gem and precious metal values, Pearls International’s prices change regularly.
Data, including prices, may be inaccurately displayed on the Site due to system or typographical errors. Pearls International will make every effort to avoid these errors, but if they occur, Pearls International reserves the right to correct any and all errors, and inaccurate or erroneous prices will not be honored. If a product’s listed price is lower than its actual price, Pearls International will attempt to contact you for instructions before shipping the product. If the order has already been shipped and there is a price discrepancy, you may either return the product or pay the difference between the actual and charged prices. Pearls International’s prices are subject to change without notice and all prices are final and non- negotiable.
13. Payment Options
Prices displayed on the Pearls International website are quoted in U.S. Dollars. Besides gift cards, coupons and special offers, Pearls International accepts the following forms of payment: Visa, Mastercard, Discover, and American Express.
14. Sales Tax, Customs, and Duties
Pearls International purchases are deliverable to the continental United States and U.S. Territories. If shipping outside of the continental United States, Pearls International will be happy to ship to your U.S. forwarding agent. With the exception of Florida, no sales tax will be assessed.
Florida Residents: Purchases in the state of Florida require a 6.5% sales tax.
15. Shipping and Delivery
Pearls International offers the following shipping carriers:
• USPS Priority 2 Day Priority Mail – $9.95
• USPS 2 Day Priority Mail Insured – $12.95
• Fedex Overnight Delivery by 3pm – $28.95
• Fedex Priority Overnight Delivery by 10am – $32.95
Your total purchase price under $99 will reflect the shipping charge for your order according to your preferred shipping carrier. In the event that you do not indicate a carrier, Pearls International will process your order through the U.S. Post Office via Priority Mail for $9.95 shipping & handling.
16. Business Hours
Orders will be processed during business hours, Monday through Friday, excluding holidays. You are responsible for providing a full and valid delivery address, including apartment number, if applicable. Pearls International will not be held responsible for shipments lost due to an incomplete or invalid address.
If you supply a valid email address, Pearls International will email you a confirmation of purchase immediately upon receiving your order and processing payment. Once Pearls International has processed and sent your order, you will receive an email with the tracking number upon request. Pearls International will not be held liable or responsible for any losses or damages that may occur in the event that tracking numbers have been incorrectly transmitted by Pearls International staff or the shipping agency.
18. 100% Satisfaction Guarantee on Returns and Exchanges
Pearls International is proud to offer our 100% Satisfaction Guarantee return and exchange policy. If you are not fully satisfied with your order, you may return the item or items, with your receipt, for exchange or refund within thirty (30) days of receiving of the item.
Pearls International also offers a one-year warranty on jewelry workmanship. If you discover a defect in your jewelry, we will replace or repair it at no charge.
Pearls International will not be responsible to repair an item that has stretch cord as any of its component parts. However, if an item containing stretch cord as a component breaks within thirty (30) days of purchase, return it with your receipt, and Pearls International will exchange the broken item with the same item at the same price.
Shipping, handling and insurance fees are non-refundable. Jewelry that has been resized, damaged, or otherwise altered after delivery will not be accepted for return. All returned jewelry must be in new and unworn condition. Custom orders are nonreturnable.
If you need to return or exchange an item, just click on this link and follow the directions.
If you wish to cancel or modify your order, you may simply notify Pearls International via email as soon as possible at firstname.lastname@example.org. Pearls International will make every effort to accommodate your request; however, once a product has been shipped, the order cannot be cancelled or modified, except to return it as in the above return policy.
Pearls International is neither liable nor responsible for any inaccuracies or errors which may exist on the Pearls International website, nor for any losses or damages caused by or arising from your reliance on information obtained from or through the Site. It is your responsibility to evaluate the information and other content available on the Site. The Site and the information and materials contained in it are subject to change from time to time without notice.
21. Website Representations and Warranties
The Pearls International Site along with the contents are provided on an “as is” and “as available” basis. Pearls International makes no representations or warranties of any kind with respect to the Site or its contents, express or implied, including, but not limited to, warranties of title or freedom from malicious programs such as viruses, worms or Trojan horses, implied warranties of merchantability or fitness for a particular purpose, and expressly disclaims any representations and warranties. Although Pearls International has made every attempt to ensure the accuracy of the content, it does not represent or warranty that the information contained in the Site is accurate, complete, up-to-date, free of defects or that any defects can or will be remedied. By using the Site or making a purchase on the Site, you agree that your use of the Site is at your sole risk; you assume full responsibility for any loss of use, loss of data and/or costs associated with any necessary servicing or repairs of any equipment and/or software that you may use in connection with the Site; and that Pearls International shall not be responsible or liable for any damages of any kind whatsoever arising out of, caused by or related to your use of the Site.
22. Limitation of Liability and Indemnity
In no event shall Pearls International be liable for any actual, direct, indirect, special, punitive, incidental, exemplary or consequential damages, or any other damages whatsoever, whether or not Pearls International has been advised of the possibility of such damages, whether in an action under contract, tort or under any other theory, arising out of or in connection with the use, inability to use, or performance of the information, products and materials on the Site.
You agree to defend, indemnify and hold harmless Pearls International, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any Content you post, store or otherwise transmit on or through the Site or your use of or inability to use the Site, including without limitation any actual or threatened suit, demand or claim made against Pearls International and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the Content, your conduct, your violation of these Terms and Conditions or your violation of the rights of any third party.
25. Disclaimer of Warranty
Except as expressly provided to the contrary in writing by Pearls International, the Site, the content contained therein and the products and services provided on or in connection therewith (the “products and services”) are provided on an “as is” basis without warranties of any kind, either express or implied. Pearls International disclaims all other warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement as to the information, content, and materials in the Site. Pearls International does not represent or warrant that the Site or its servers are free of viruses or other harmful components.
26. Limitation of Liability
In no event shall Pearls International, its directors, members, employees or agents be liable for any direct, special, indirect, or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits, or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the Site, the products and services, or the content contained in or accessed through the Site, including without limitation any damages caused by or resulting from reliance by user on any information obtained from Pearls International, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Pearls International’s records, programs or services.
27. Modification and Notice
You agree that Pearls International may modify these Terms and Conditions and any other policies on the Site at any time and that posting the modified Terms and Conditions or policies on the Site will constitute sufficient notice of such modification.
Notwithstanding any of these Terms and Conditions, Pearls International reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent your future access to and use of the Site.
If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
30. Contact Us
For any additional assistance concerning our online store or your online order or the Terms and Conditions, please do not hesitate to contact Pearls International by telephone, 386.767.3473, or via email at email@example.com.