TERMS OF SALE
Last Updated: 11/01/2022 Please read these Terms of Sale carefully prior to making an online purchase from Fox Estate Jewelry (“Fox Estate Jewelry,” “we,” “us” or “our”) through our website. By purchasing items through the Site, you agree to be bound by these Terms of Sale and our TERMS & CONDITIONS, which are incorporated by reference. If you do not agree to all of the terms and conditions set forth in these Terms of Sale, do not purchase any items through the Site. We reserve the right to change or modify these Terms of Sale at any time and in our sole discretion. If we make changes to these Terms of Sale, we will post the amended Terms of Sale to the Site and update the “Last Updated” date above. We encourage you to review these Terms of Sale prior to making any purchase through the Site to ensure that you understand the terms and conditions that apply to your purchase. AVAILABILITY AND PRICING All items offered for sale through the Site are subject to availability, and we reserve the right to impose quantity limits on any order, reject all or any part of an order, and discontinue offering items without prior notice, even if you have already placed an order for an item. All prices are shown in U.S. dollars and applicable Taxes (as defined below) and other charges, if any, are additional. All prices are subject to change without notice. TAXES You are responsible for any sales, use, duty, or other governmental taxes or fees (“Taxes”) due with respect to your purchase of items through the Site. We will collect applicable Taxes if we determine we have a duty to collect such Taxes. We will present an estimate of Taxes to be collected at checkout, except where we have clearly stated in writing that a price includes Taxes. The actual taxes charged may be adjusted from the amount shown at checkout. Several factors may cause this adjustment, such as variances between processor programs and changes in rates of Taxes. PAYMENTS By providing a credit card or other payment method accepted by us, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your order (including any applicable Taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or canceled. You must resolve any problem we encounter in order to proceed with your order. If any of the items in your order are unavailable, we will charge only the prices, Taxes and other applicable charges associated with the items that are included in the shipment. SHIPPING AND HANDLING You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time; however, we will provide notice of the changes applicable to you before you make your purchase. Any delivery dates or times shown as part of the checkout process are estimates only and are not guaranteed. Unless we state otherwise, risk of loss or damage to an item passes to you upon delivery of the item to your specified delivery location. If you have any questions regarding shipping, please contact us by emailing firstname.lastname@example.org. RETURNS, EXCHANGES, AND REFUNDS We want you to be completely happy with the items you order from us. If for any reason you are not satisfied with an item you purchase through the Site, you may return such item (accompanied by your sales receipt) within seven (7) days of the date on which the item was delivered to you and elect to: (i) exchange the item for another item available for purchase through the Site, (ii) receive a refund in the amount you paid for the item, or (iii) receive a merchandise credit in the amount you paid for the item that may be applied to your purchase of another item through the Site. To begin the return process of an item you purchased through the Site, please email email@example.com with your name, order number, the item you purchased, and reason for the return. We will contact you within 24-48 for further instructions. Please note that all refunds will be issued to the original form of payment, except that cash purchases will be refunded by a company check from Fox Estate Jewelry. All items returned to us must be unaltered, unworn, and in saleable condition. In addition, all returned items must include the original packaging in good condition and all associated tags. All custom items (i.e sized rings) are not eligible for return. ERRORS We attempt to be as accurate as possible and to eliminate errors on the Site; however, we do not represent or warrant that the descriptions, pricing or other information on the Site is accurate, complete, reliable, current or error-free. In the event of an error, we reserve the right to correct such error and revise your order accordingly (which includes charging the correct price) or to cancel your order and refund any amount charged. DISCLAIMERS; LIMITATION OF LIABILITY Your use of items purchased through the Site is at your sole risk. Such items are provided “as is” and “as available without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. You understand and agree that, to the fullest extent permitted by applicable law, Fox Estate Jewelry and its officers, directors, agents, partners, and employees (individually and collectively, the “Fox Estate Jewelry Parties”) will not be liable to you under any theory of liability—whether based in contract, tort, negligence or otherwise—for any indirect, consequential, incidental, or special damages or lost profits that may be incurred by you, arising out of or in any way connected to these Terms of Sale or the use of, or inability to use, any items purchased through the Site, including, without limitation, any damages caused by or resulting from reliance by you on any information or items obtained from us, whether or not Fox Estate Jewelry or another Fox Estate Jewelry Party has been advised or should have been aware of the possibility of any such losses. You understand and agree that, to the fullest extent permitted by applicable law, the Fox Estate Jewelry Parties’ total liability in connection with the items purchased through the Site and these Terms of Sale will not exceed the amount you actually paid to Fox Estate Jewelry for such items purchased. The limitations set forth in this section will not limit or exclude liability for personal injury or property damage directly and proximately caused by items you purchased from us through the Site or for the gross negligence, fraud, or intentional misconduct of any Fox Estate Jewelry Parties, or for any other matters in which liability cannot be excluded or limited under applicable law. Note: All carat weights and stone measurements reflected in our jewelry descriptions, represent approximate figures. Mounted stones are graded only to the extent rendered possible by the mounting. Certain gemstones are treated to enhance their color and overall beauty. Such treatments may not always be permanent and/or may require special care. DISPUTE; BINDING ARBITRATION Instead of suing in court, you agree that any dispute relating to these terms of sale, your purchase of an item through the site, or items purchased from us will be submitted to confidential arbitration in Orlando, Florida. Any arbitration under these terms of sale will be conducted under the prevailing rules of the American Arbitration Association. These rules are different from those found in a court because, among other reasons, there is no judge or jury, and review is limited. An arbitrator can award the same damages and relief, however, and must honor the same limitations stated in these Terms of Sale as a court would. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law. All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the dispute with the same remedies available in court, however, any relief must be individualized to you and will not affect any other customer. You and Fox Estate Jewelry agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. GOVERNING LAW These Terms of Sale and your purchase of items through the Site will be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law principles. You hereby irrevocably consent to the jurisdiction and venue of the federal and state courts located in Orlando, Florida with respect to any dispute related to these Terms of Sale or your purchase of an item through the Site that is not subject to arbitration under these Terms of Sale. SEVERABILITY If any provision or part of a provision of these Terms of Sale is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms of Sale and does not affect the validity and enforceability of any remaining provisions. QUESTIONS If you have any questions regarding these Terms of Sale, please contact us by emailing firstname.lastname@example.org.