Terms & Conditions of Sale

T. Foster & Co., Inc.

Terms and Conditions of Sale

Adopted February 10, 2014
 

1.         General.         These “Conditions of Sale” are adopted by T. Foster & Co., Inc. (hereinafter referred to as the “Company”) and shall apply to all sales of items offered by the Company at retail sale, whether manufactured by the Company or otherwise, made in person at an authorized retail location, online at www.tfosterjewelers.com (hereinafter referred to as the “Website”), or by telephone. The Company may modify these Conditions of Sale from time to time at its sole discretion and without prior notice. These Conditions of Sale are available online in their most recent form at www.tfosterjewelers.com/termsofsale. If placing an order through the Website, by checking the “I accept” box, the Client (as identified herein) hereby accepts these Conditions of Sale as they may be so modified through such time. If placing an order in person or by telephone, the Client accepts these Conditions of Sale, as they may be so modified through the time of acceptance, by the Client communicating the Client’s order to the Company. The “Client” referred to in these Conditions of Sale is the individual or entity entering into a retail sales arrangement and purchasing an item or items from the Company via the Website, the telephone, or in person.
 

2.         Product Availability. All orders are subject to availability and acceptance by the Company. The Company reserves the right to change the assortment of items displayed on the Website or through any catalogs it may issue. The Company may also limit, at its sole discretion and at any time, the quantity of items that may be ordered by a Client in a single buying session.
 

3.         Personal Information and Privacy. When a Client places an order with the Company via the Website, telephone, or in person at an authorized retail location, the Company may collect personal information about that Client, including, but not limited to, the Client’s legal name, address, telephone number, email address, and credit card or other payment information. The Company may change the information required to place an order or the registration requirements from time to time, at its sole discretion. A Client is required to provided valid and up-to-date personal information at the time of order. Should any of the information provided to the Company change before the completion/delivery of the order, the Client is required to contact the Company immediately and directly by telephone at (215) 493-6100 and inform an agent or representative of said change.

The Company’s use of a Client’s personal information is governed by these Conditions of Sale and the Company’s Privacy Policy, which can be found at  http://tfosterjewelers.com/contact-us/about-t-foster/privacy-policy/. This Privacy Policy may change at any time, at the sole discretion of the Company. The Company’s Privacy Policy, as it may be amended from time to time, is hereby incorporated into these Conditions of Sale in full. The Company encourages Clients to regularly review these Conditions of Sale and the Company’s Privacy Policy to stay informed. By agreeing to these Conditions of Sale, a Client agrees to review these Conditions of Sale and the Company’s Privacy Policy periodically.


4.         Order Processing.

(a) In-person Purchases. Items purchased in person, including custom orders, at an authorized retail location are documented with a written sales receipt containing a description of the item(s) purchased, the price, and the estimated delivery date of the item(s), when applicable. For all purchases made in person, the Company reserves the exclusive right to determine, at its sole discretion, whether a deposit will be required at the time an order is placed. These Conditions of Sale are considered binding upon issuance of the written sales receipt and either collection of a deposit or payment in full, whichever occurs first.

(b) Website or Telephone Purchases. When a Client orders an item via the Website or telephone, the Company will issue an order confirmation number to the Client, indicating that the Company has received the Client’s request. Orders placed through the Website or by telephone are not accepted by the Company unless and until the Client receives an Order Confirmation or sales receipt, following completion by the Company of anti-fraud and security checks. Order confirmations or sales receipts shall be emailed to the Client. The Company will only ship items after receipt of confirmation of “clear funds” of the entire amount due. The Client acknowledges and agrees that the Company may revoke its acceptance of an order at any time and cancel or terminate an order if the receipt of confirmation of “clear funds” is not received by the Company. The issuance of an Order Confirmation or sales receipt constitutes acceptance of a Client’s order by the Company and indicates the existence of a binding sales contract. No order will be considered accepted until an Order Confirmation or sales receipt is issued.

(c) The provisions of Paragraph 4 also apply to custom orders (more fully described in Paragraph 8, herein).

(d) Notwithstanding anything to the contrary provided herein, the Company reserves the right to revoke acceptance of an order, or refuse, cancel, and terminate orders at any time and at its sole discretion.
 

5.         Pricing; Tax. All pricing is subject to change at the sole discretion of the Company. The Company reserves the right to modify its pricing and delivery/shipping costs at any time without prior notice. All prices shown on the product pages of the Website or quoted by the Company or one of its agents or representatives are in U.S. Dollars. Delivery/shipping costs and any applicable taxes are not included as part of a product’s price, but shall be added to the product price following the selection of delivery method. The price of a product and delivery/shipping costs displayed on the Website or quoted by the Company or one of its agents or representatives, at the time the Company provides the Client with an Order Confirmation or sales receipt, shall be honored by the Company. Actual delivery/shipping costs and any applicable taxes will be: (i) in the case of a Website order, displayed on the Client’s order page before the Client is asked to confirm and place his order; or (ii), in the case of a telephone or in-person order, will be quoted by the Company’s agent or representative. Actual delivery/shipping costs and any applicable taxes will also be described on the Order Confirmation or sales receipt. Delivery/shipping costs are described in Paragraph 6 herein.


6.         Shipping Policy and Costs. The Company will only accept orders for delivery to addresses in the continental United States, Alaska, Hawaii, and the District of Columbia. Furthermore, the Company will not ship any items to Post Office boxes, APO/FPO addresses, or hotels. Any modifications to this shipping policy will be considered on a case-by-case basis at the sole discretion of the Company, and will be made in writing. Delivery costs will be calculated according to the purchase value of the Client’s order, will be assessed by the Company, and will be added to the price of the items purchased. Package delivery time is subject to credit approval processing time, address verification, and order processing. The Company insures each purchase while each package is in transit until it is delivered to the Client. The Company requires a signature from an adult to confirm acceptance of each product delivered, at which point responsibility for the items passes to the Client. If the Client specifies a recipient who is not the identified Client for delivery purposes (i.e., gift orders), then the Client hereby understands and agrees that evidence of a signature by such other recipient, or at the specified delivery address, is evidence of delivery and fulfillment of the sale contract made by the Company. In such instance, transfer of responsibility to the recipient occurs in the same fashion as if the package had been delivered to the Client.


7.         Payment By Credit Card. The Company accepts the following credit cards: Visa, MasterCard, American Express, Discover, T. Foster & Co. house G.E. charge. Cards issued by banks domiciled outside of the United States of America will not be accepted. The Company reserves the right, at its sole discretion, to discontinue its agreement(s) with certain credit card issuers, as well as to decline to accept any particular proffered credit card, at any time, for any reason, within the bounds of its merchant agreement(s) with any credit card issuer.

(a) Website and Telephone Orders. Clients ordering on the Website will be instructed to enter payment details on the appropriate form. Clients ordering via telephone will be asked to communicate to the Company’s agent or representative the applicable credit card number and security code printed on the card.

(b) In-Store Orders. Clients ordering in the Company’s retail store (or any other location at which the Company may sell merchandise directly to retail customers) who wish to pay via credit card must present the physical card to the Company’s agent or representative.

(c) Validation and Authorization. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of a Client’s payment card refuses to authorize payment to the Company, the Client will need to contact the card issuer directly. The Company will not be liable for any delay or non-delivery in this instance.

(d) Pre-Authorization. The Company may perform a pre-authorization of a credit card presented for payment by a Client. By submitting an offer to purchase products from the Company on the Website, over the telephone, or in person, the Client expressly authorizes the Company to perform such credit card pre-authorization and, where the Company deems necessary, to transmit or obtain information (including updated information) about the Client to or from third parties from time to time, including but not limited to the Client’s credit card number, to authenticate the Client’s identity, to validate the credit card, to obtain an initial credit card authorization, and to authorize individual purchase transactions.

(e) Client Information. The Company takes precautions (please see the Company’s Privacy Policy, referenced in Paragraph 3 of these Conditions of Sale) to safeguard the personal information of Clients against loss, theft, and misuse, as well as against unauthorized access, disclosure, alteration, and destruction. However, transmitting information over the Internet is not completely secure. The Company cannot guarantee the security of the data transmitted over the Internet; any transmission is at the risk of the Client and the Company cannot be held liable. For more information about how the Company uses and protects Client information, please review our Privacy Policy.

(f) Chargebacks. Client agrees that, should Client determine that there is an issue concerning any merchandise sold by the Company, Client shall first contact the Company to seek resolution of the matter, using the method identified in Paragraph 10 herein. Client agrees that Client shall not pursue any “chargeback” with Client’s credit card issuer without first contacting the Company to seek an amicable resolution.


8.         Custom Orders.

(a) The Company accepts custom orders consisting of one or more of the following: (i) items created using Client-supplied components; (ii) redesigned or altered items from the Company stock; (iii) Client-supplied items to be redesigned or altered; (iv) the recreation of items previously retailed by the Company that are no longer in stock; (v) non-stock items created using company-supplied components.

(b) Returns. All sales of custom orders are final and are not eligible for return for refund or exchange.

(c) Models and Sketches. At the Company’s sole discretion, the Company will create a model or sketch for a proposed custom design for review by the Client. Arrangements are to be made at the time of the initial order for review of the model or sketch. If no such arrangement is made, no model or sketch will be provided. Following the Client’s review of a model or sketch, if modifications or changes are requested by the Client, a redesign fee may apply.

(d) Delivery. Completion of a custom item and its availability for pick-up by the Client or delivery to the Client complete the redesign process. Changes to the completed design may result in additional charges.


9.         Complimentary Services.

The Company offers the following select complimentary services to Clients:

Gift Wrap. If specifically requested by the Client, the Company will gift wrap a selected item. Gift wrap styles shall be at the sole discretion of the Company, and styles may change at any time, without prior notice.

Shipping. The Company offers complimentary shipping of select purchases (new purchases only) via registered mail through the United Postal Service. Fees may apply if an alternate shipping method is requested. Items returned for repair, cleaning, inspection, re-appraisal, or for some other reason are not eligible for free shipping. This policy is subject to change at the sole discretion of the Company.

Adjustments and Sizing. The Company offers adjustments and sizing services for items purchased new directly from the Company. All adjustments and sizing must be made within thirty (30) days of purchase. Re-sizing of rings is a one-time service; additional re-sizing of any ring will be charged in accordance with the Company’s standard pricing schedule at the time of the request.

Cleaning, Inspection. The Company offers unlimited, lifetime complimentary cleaning, inspection, and minor adjustment (at the Company’s sole discretion) of items manufactured and sold by the Company. Most items shall be cleaned and/or inspected while a Client waits, however, at the Company’s sole discretion, items may need to be left with the workshop to ensure comprehensive inspection.


10.       Return/Exchange Policy. The Company will accept returns for refund or exchange of purchased items only from a Client or a gift recipient, and only in accordance with this Return/Exchange Policy. The Company reserves the right to refuse delivery of items which are returned in contravention to the terms of this Return/Exchange Policy (i.e., are returned with a required Return Authorization Number (RAN)). Such items will be returned to the Client or gift recipient, as the case may be.

(a) Time for Return/Exchange.

(i) Return for Exchange. Clients or gift recipients may exchange items manufactured by the Company and purchased through the Website, telephone, or an authorized retail location within thirty (30) calendar days following receipt and delivery of the item(s) in question. The item originally purchased shall be exchanged as per the terms of Paragraph 10(b)(ii) below). All exchanges made within this thirty (30) calendar day period must be made in accordance with the remainder of this Return/Exchange Policy (i.e., prior notice of exchange; authorization of return/exchange). The Company reserves the right, at its sole discretion, to amend the thirty (30) calendar day return period to account for time during which the Company may be closed.

(ii) Return for Refund. Clients may return items manufactured by the Company and purchased through the Website, telephone, or an authorized retail location for refund in accordance with the provisions of this Return/Exchange Policy. A Client requesting a Check, Cash, or Credit Card refund must do so within ten (10) business days of following receipt and delivery of the items(s) in question; such request must be made in accordance with the complete terms of this Return/Exchange Policy. The Company reserves the right, at its sole discretion, to amend the ten (10) business day return period to account for time during which the Company may be closed. Gift recipients cannot request to return items for refund; gift recipients may only exchange items.

(b) Procedure for Return for Refund/Exchange. If a Client or a gift recipient wishes to return an item, either for refund or exchange, as permitted by this Return/Exchange Policy, which was manufactured by the Company, the Client or gift recipient must telephone the Company’s main retail location at (215) 493-6100 and must request a Return Authorization Number (RAN). A RAN shall not be issued if the return for refund or exchange is requested outside of the permissible time limit, unless the Company, at its sole discretion, determines otherwise. A RAN is required in order to process a return of any item purchased via the Website, by telephone, or at an authorized retail location. Following receipt of a RAN, a Client or gift recipient may hand-deliver or ship the item in question to the Company’s main retail location at: 7 West Afton Avenue, Yardley, PA 19067. This address may change at any time at the Company’s sole discretion. Any items to be shipped must be sent by U.S.P.S. registered mail and insured for the full retail purchase price of the item; shipping costs will be borne by the Client or gift recipient, as the case may be. The RAN must appear on the outside of the shipping box. The Client or gift recipient is responsible for retaining proof of such shipment; the Company will not be liable in the event such proof cannot be produced. All items to be returned, whether hand-delivered or shipped, must be accompanied by all documents relating to the sale, including the original sales receipt, credit card documents, appraisals, packaging and boxing materials. Any item shipped to the Company without prior authorization will be refused and returned to sender.

Upon receiving an item returned for refund/exchange, the Company will verify that the item satisfies the requirements of this Return/Exchange Policy, including those requirements identified in the subsequent paragraph, “Condition of Item(s) to be Returned.” If such conditions are met, the Company will proceed with the applicable return or exchange. If the Company determines, upon receipt of the item, that the requirements for return are not met, the item will be deemed “not returnable” and will be returned to the Client or gift recipient, as the case may be. The Client or gift recipient agrees to accept delivery of any item deemed “not returnable.”

(i) Procedures for Returns for Refunds. Refunds will only be issued in accordance with the provisions of this Return/Exchange Policy. Any refunds will be made by Check or via Credit Card to the purchasing Client only. Any refund credited to an American Express account will be less the American Express vendor’s processing fee.

(ii) Procedure for Returns for Exchanges. Exchanges will only be accepted in accordance with the provisions of this Return/Exchange Policy. If the Company determines that a return for exchange meets the requirements of this Return/Exchange Policy, a Client or gift recipient may exchange an item purchased via the Website, over the telephone, or at an authorized retail location for another item offered by the Company. If a Client or gift recipient selects an item with a retail value less than that of the item returned, the Client or gift recipient will be issued Merchandise Credit for the remaining balance. Merchandise Credit is not redeemable for cash or cash equivalents. If the Client or gift recipient selects an item with a retail value more than that of the item returned, the Client or gift recipient will be responsible for paying the difference. If no exchange of merchandise is agreed upon within the 30-day time frame, the Company will issue a Merchandise Credit to the Client or gift recipient for the full purchase price that can be used at a later date.  A restocking fee may apply, at the sole discretion of the Company.

(c) Condition of Item(s) to be Returned or Exchanged. Any items to be returned or exchanged must be delivered to the Company in a new and unaltered condition. The Company will not accept any return or exchange of any item which demonstrates any signs of wear, use or alteration. All returns or exchanges will be subject to strict quality control, at the full discretion of the Company, to ensure that returned or exchanged items satisfy the requirements of the Return/Exchange Policy.

(d) Defective Items. The Company takes great care in ensuring each item strictly adheres to its quality control criteria, and that an item has successfully passed all of the Company’s controls, both technical and aesthetic. However, if a Client or gift recipient receives an item which is believed to be defective, the item may be returned to the Company in accordance with this Return/Exchange Policy, except that any allegedly defective items must be brought to the attention of the Company within ten (10) business days of delivery. The Client or gift recipient must notify the Company of any alleged defect in the manner described in Paragraph 10(b). A RAN must be issued by the Company prior to return shipment of allegedly defective items. Upon receipt, the Company shall have the sole discretion to determine whether the item is to be classified as a defective product. Items that are damaged as a result of wear and tear are not considered defective. If the Company determines that an item is defective, the Company will offer one or more of the following solutions to the Client or gift recipient: (i) the Company will replace the item with another of the same item in the same size, subject to availability; (ii) the Company will exchange the item for another item of equal or higher value, in which case the Client or gift recipient will be responsible for the difference in price; (iii) if the defect can be corrected, the Company will perform the necessary repair or replacement, as the case may be, at no charge to the Client or gift recipient. Cash, Check, or Credit Card Refunds will be made at the sole discretion of the Company.

(e) Custom Orders. All Company items manufactured and produced using components provided by the Client and/or items custom-made or customized in any way are not eligible for return or exchange. All sales of custom orders are final. See Paragraph 8 for a complete description of custom orders.

(f) Discounted Items. From time to time, the Company will discount an item (such discount may or may not be advertised). Items purchased from the Company at a price discounted more than 20% from the original retail price are not eligible for return or exchange. These sales are final. Items discounted 20% or less from the original retail price may be returned or exchanged at the sole discretion of the Company, in accordance with the terms and provisions of the Return/Exchange Policy.


11.       Repairs.

(a) Items Manufactured by the Company. The Company will perform repair and restoration work on items manufactured by the Company. Following an initial examination of an item presented for repair or restoration, an estimate for repair/restoration costs will be presented to the Client. A deposit may be required and will be stated at the time the estimate is presented. Items may be hand-delivered to the Company or shipped to the Company in the following manner: any items to be shipped must be sent by U.S.P.S. registered mail and insured for the full retail purchase price of the item, and shipping costs will be borne by the Client. The Client is responsible for retaining proof of such shipment; the Company will not be liable in the event such proof cannot be produced. Return shipping and insurance will be borne by the Company. If shipping an item for repair, the Client must telephone the Company, at (215) 493-6100, and notify the Company’s agent or representative that an item is being sent for repair. The Company will confirm the address for shipping to the Company at that time.

(b) Items Not Manufactured by the Company. At the sole discretion of the Company, the Company may accept for repair and/or restoration items that were not manufactured by the Company. Prior to accepting an item for repair, the Company will use commercially reasonable diligence to assess the condition of the item, but will in no way be responsible or liable for unknown or unforeseen defects in the item or previous repair work which was unknown to the Company. If accepted for repair/restoration, such items will be repaired or restored in a manner equivalent to the Company’s high standards, but the Company in no way guarantees such repair or restoration work.

Following the initial examination of the item, an estimate will be presented to the Client. Once repair work has begun, if the Company is required to perform additional work to return the item to wear-ability, due to unforeseen defects and/or previous repair work, additional fees will be discussed with the Client and added to the repair bill. In the event that the Client does not wish to incur additional expense, the item(s) will be returned to the Client in their then-current state of repair, whether in a wearable state or otherwise. Charges for work completed up to that point may still apply.

A deposit may be required and will be stated at the time the estimate is presented. Items may be hand-delivered to the Company or shipped to the Company in the following manner: any items to be shipped must be sent by U.S.P.S. registered mail and insured for the full retail purchase price of the item, and shipping costs will be borne by the Client, as the case may be. The Client is responsible for retaining proof of such shipment; the Company will not be liable in the event such proof cannot be produced. Return shipping and insurance will be borne by the Client and billed to the Client’s final repair bill. If shipping an item for repair, the Client must telephone the Company, at (215) 493-6100, and notify the Company’s agent or representative that an item is being sent for repair. The Company will confirm the address for shipping to the Company at that time.


12.       Accuracy of Pricing. All items manufactured by the Company are unique pieces and are only available from the Company. Retail prices are established per the Company’s internal policy and reflect a fair and honest marketplace price. The Company does not confirm the price of a Company item until an Order Confirmation or sales receipt has been issued by the Company, indicating the existence of a binding sales contract. If a Company item’s correct price is higher than that displayed on the Website, then the Company will either contact the Client for instruction before shipping the item, or cancel the order and notify the Client of such cancellation.


13.       Entire Agreement. These Conditions of Sale, including any policies incorporated herein, constitute the entire agreement of sale between the Company and the Client. The parties further acknowledge that they have read these Conditions of Sale and understand them. No modification, waiver, amendment, discharge or change of these Conditions of Sale shall be valid unless the same is in writing and signed by all parties. No oral representation or agreement given by any party shall alter the interpretation of these Conditions of Sale.


14.       No Waiver. The waiver by the Company of any breach of any provision of these conditions of sale will not operate or be construed as a waiver of any other subsequent breach.


15.       Governing Law; Arbitration of Claims; Disputes. These Conditions of Sale shall be construed according to the laws of the Commonwealth of Pennsylvania. In the event a Client has a dispute, inquiry, or complaint related to the Company, the Client agrees to notify the Company immediately in writing. Any dispute, controversy, or claim arising out of or in relation to these Conditions of Sale, including the validity, invalidity, breach or termination thereof or regarding any Company product shall be resolved by common law arbitration in the Bucks County Court of Common Pleas, or such other arbitration as the parties may mutually agree in writing.


16.       Warranties.

(a) The Company guarantees the quality of gold or platinum and the authenticity of the gemstones used as stated on the Client’s Order Confirmation or sales receipt. This limited guarantee applies only to items manufactured by the Company, using stock or custom designs, and using only components provided by the Company. The Company strongly suggests that any item manufactured by the Company be cleaned, adjusted or repaired only by the Company. ANY ITEM ENTRUSTED TO ANY UNAUTHORIZED PARTY FOR CLEANING, ADJUSTMENT, REPAIR, ETC. VOIDS THIS WARRANTY.

(b) THIS GUARANTEE DOES NOT COVER ANY DAMAGE DUE TO NEGLIGENCE OR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR NORMAL WEAR AND TEAR. THE COMPANY MAKES NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE ACCURACY, RELIABILITY AND COMPLETENESS OF INFORMATION PLACED ON THE WEBSITE, IN ADVERTISING OR DISTRIBUTED VIA TELEPHONE. THE COMPANY DOES NOT WARRANT THAT THE DESCRIPTIONS, PHOTOGRAPHS, OR GRAPHICAL REPRESENTATIONS OF THE COMPANY PRODUCTS DISPLAYED ON THE WEBSITE OR IN A CATALOG IS ERROR-FREE, WHETHER AS A RESULT OF INACCURACY, OMISSION, OBSOLESCENCE OR OTHERWISE. THE CLIENT’S SOLE REMEDY IN THE EVENT OF ANY SUCH ERROR IS TO RETURN THE PRODUCT AS SET FORTH IN THE RETURN POLICY. NO RETURNS WILL BE ACCEPTED AFTER THIRTY (30) DAYS.

(c) Warranty Claims. If a Client receives an item which the Client believes to be defective, the Client agrees to contact the Company and proceed under the conditions outlined in Paragraph 10(d) herein.

(d) Routine Maintenance. Routine maintenance of items manufactured or sold by the Company will be needed and is not covered under this guarantee. The Client is responsible for the cost of routine maintenance, including, but not limited to: prong repair and/or replacement; new clasps; restringing; ring shank replacement; broken or lost stones; worn and thinned metal; basic wear and tear.

(e) Cleaning and Inspection. The Company will clean, inspect, adjust as necessary (minor adjustments only), and in some cases (at the sole discretion of the Company), polish and refinish items manufactured by the Company at no charge, if the item in question is presented by the original owner. The Company strongly suggests that Clients schedule an annual visit to the Company to keep their items in the best possible condition. If adjustments or repairs are suggested by the Company at the time of cleaning and inspection, the Company will prepare an estimate to perform such adjustments or repairs. Those adjustments and repairs that a Client declines are noted and the Company will not be responsible for future damage to or loss of the item in question due to suggested, but not performed, adjustments and/or repairs. In some cases, items cleaned and inspected by the Company will not receive any recommendation for repair or adjustment. This is no way guarantees that future damage will not occur, or that repairs will not be needed in the future.


17.       Limited Conditions. It is common practice in the industry for some degree of gemstone treatment or enhancement has been performed upon colored gemstones and pearls. In most cases, such treatment is permanent and difficult to detect. The Company will note specifically on sales receipts or invoices “no treatment” when laboratory study determines that a particular gemstone or pearl has not been treated or enhanced. Unless specifically stated, it shall be assumed that standard industry treatments have been performed.

18.       Appraisals. At the request of the Client, the Company will perform and deliver a written appraisal of the item(s) purchased from the Company. The item(s) will be valued at the full retail price or replacement cost from the Company. These values may change over time; the value stated in the appraisal is the value of the item(s) at the time the appraisal report was prepared. It is strongly suggested and highly recommended that the Client insure the item(s) from loss or damage and arrange to update the appraisal report from time to time. Appraisal reports are not automatically produced; such reports must be specifically requested by the Client. The Company does not automatically update any appraisal reports, but will perform updates of Company-certified reports, regarding items purchased from the Company, without charge and upon request. The Company will perform, upon request, updates of all other Company-certified reports for a reduced fee. All appraisal reports are completed by certified senior gem and jewelry appraisers and graduate gemologists, and are accepted by all major insurance carriers.

Appraisal reports of items purchased from the Company are offered with a Client’s purchase as a free service in order to permit a Client to more easily obtain insurance coverage for an item. The appraisal report provided is intended as a full, detailed description of the item and it indexes the retail sales price of an item. The Client has the option to obtain an independent appraisal report at the Client’s expense. However, the Client understands and agrees that the value stated on the Company appraisal report is the full retail, non-discounted amount, and that if the item described in the report was manufactured by the Company, then that item is a Company Original and is only available from the Company.

All Company appraisals are in conformity with Uniform Standards of Professional Appraisal Practice (USPAP).


19.       Care Instructions. Whether items purchased from the Company are worn every day or only occasionally, these items are precious objects that require care and attention. It is strongly suggested that Clients arrange to have the Company clean and inspect items on an annual basis. This service is performed at no charge, if the item is presented by the original Client-purchaser.

(a) Care Recommendations. The recommendations below will help preserve Company items in their original condition.

(i) Handle all jewelry with care as one would handle any valuable item.

(ii) Remove jewelry prior to washing hands and/or putting on make-up or perfume. The particles present in cosmetics and perfumes may damage the metal or stones in jewelry items.

(iii) Regular contact with household detergents or insecticides may damage pearls or certain gemstones.

(iv) Regular activities should be accounted for when selecting jewelry. Avoid wearing jewelry items on the beach, at the swimming pool, or when participating in athletic activities to avoid knocks and scratches. Avoid wearing jewelry items when gardening, doing housework, or using exercise machines.

(v) If one suspects that he or she has knocked, scratched, or damaged an item, contact the Company for immediate inspection.

(vi) Take care when cleaning jewelry and do not entrust cleaning to an unqualified person. Do not place sensitive gemstones such as emerald, opal, tanzanite, coral, peridot or pearls in an ultrasonic cleaner. Clean jewelry with a small brush and a mild soap and water solution only. Deep cleaning should only be performed by a professional.


20.       Insurance.

(a) Items Left in the Care of the Company. The Company insures all items left in its care by Client against damage or loss. By leaving item(s) in the care of the Company, the Client agrees that a claim for damage or loss by the Client will be adjusted by the Company’s insurers as set forth herein. The Client agrees that the insured value of an item is its fair market replacement value as determined by the Company or its insurers. An item will be replaced by the Company with a like-quality item of the same fair market value, or at the Client’s option, the Client may be paid the equivalent cash value, subject to any requirements of the Company’s insurers. Replacement and/or reimbursement will be made upon the closing of the claim by the Company’s insurers. All claims are subject to the terms and adjustment procedures instituted by our insurers; the terms and conditions of such insurance policies shall take precedence over any provisions of this Paragraph 20.

(b) The Company suggests that Clients fully insure their items. The Company does not insure any items purchased from the Company once they leave the premises. At a Client’s request, an appraisal for full retail replacement value can be produced and presented to a Client’s insurance company, as mentioned in Paragraph 18 herein.