These terms and conditions apply to the use of http://www.johnfultonjewelers.com (the “Website”), or any features of the Website, including, without limitation, the purchase of goods and/or services and the use of interactive features (such as the customer review feature) on the Website.
PLEASE NOTE: BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS (“AGREEMENT”) AND ANY OTHER APPLICABLE TERMS AND CONDITIONS GOVERNING THE USE OF THIS WEBSITE, WHETHER OR NOT YOU ARE A REGISTERED USER OF OUR WEBSITE. IF ANY OF THESE TERMS AND CONDITIONS ARE UNACCEPTABLE TO YOU OR IN THE EVENT THAT ANY FUTURE CHANGES TO THESE TERMS AND CONDITIONS ARE UNACCEPTABLE TO YOU, DO NOT USE THE WEBSITE. YOUR CONTINUED USE OF THE WEBSITE NOW, OR FOLLOWING THE POSTING OF ANY CHANGES IN THIS AGREEMENT, WILL INDICATE ACCEPTANCE AND AGREEMENT BY YOU OF SUCH CHANGES.
Unless otherwise expressly authorized in this Agreement or on the Website, you may not take any action to interfere with the Website or any other user's use of the Website or decompile, reverse engineer or disassemble any content or other products or processes accessible through the Website, nor insert any code or product or manipulate the Website in any way that affects any user's experience. While using the Website you are required to comply with all applicable statutes, orders, regulations, rules, and other laws. In addition, we expect users of the Website to respect the rights and dignity of others. Your use of the Website is conditioned on your compliance with the terms and conditions set forth in this Agreement.
Amendments to this Agreement
We reserve the right to amend this Agreement from time to time. Amendments will be effective immediately once they are available on the Website. Your continued use of the Website following such amendment will be deemed your acceptance of and agreement to be bound by the terms and conditions of the Agreement as amended.
Your account and password
We may provide you with an account login (including a username and password) to verify your identity when you use this Website. You must ensure that your account details are complete and accurate when submitted to us, that the information that you have given is true and correct, and you must keep your account details up-to-date. You agree to not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
Your username and password are personal to you and you must at all times keep your username and password secure and confidential and not disclose them to any third party.
You agree that you are solely responsible for any use of the Website by any person using your username and password and you agree to indemnify us against any and all claims arising out of your failure to keep your username or password secure and confidential.
You agree to notify us immediately by email to firstname.lastname@example.org of any unauthorised use of your account or any other breach of security.
Ordering products on this Website
This Website and the information on it constitute an invitation to purchase, and not an offer by us to supply, products. When you submit an order to purchase products from us, this constitutes an offer from you to buy those products in accordance with this Agreement. No contract for the sale and purchase of those products shall be formed between you and us until we accept your order by sending you an acceptance ‘confirmation of acceptance’ in accordance with the clause below.
You may submit an order to purchase products from us by completing the order form and submitting the order confirmation on this Website. You must provide all required information (including your name and physical address) or we may not be able to process your order. We may also require additional verifications or information before accepting any order.
No order shall be deemed accepted by us until we have sent you a ‘confirmation of acceptance’ confirming that we have accepted your order. An ‘order confirmation’ is not a ‘confirmation of acceptance’. However, a shipping confirmation may, in accordance with its terms, constitute a ‘confirmation of acceptance’. We will endeavour to notify you whether we have accepted or rejected your order and, if applicable, to confirm the delivery details for your order within 3 Business Days after receiving your order.
By submitting an order on this Website you agree to be bound by our Returns and Refunds Policy
We do not sell products for children. We sell products to adults, who can purchase with a credit card, Paypal™, or other accepted payment method. If you are under 18, you may use our Website only with the involvement of a parent or guardian. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
Payment for goods
PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES LISTED ON THE WEBSITE ARE SUBJECT TO CHANGE WITHOUT NOTICE.
The price payable by you for orders accepted by us shall be the price quoted on this Website for the relevant products at the time your order is submitted, together with the applicable delivery fees (which are payable in addition to the price of the products). Except where specifically stated in relation to a particular product, the prices for the products are stated and are payable in United States dollars (USD) and are valid and effective only in the United States.
You shall pay for your orders by credit card or Paypal™ by authorising John Fulton Diamond Jewelers to charge your credit card account for the total price of the products ordered and the applicable delivery fees at the time the products are dispatched.
If there is a problem with your payment (for example, if your credit card transaction is declined), we may contact you to make alternative payment arrangements. You will be liable for all debt collection costs where you fail to make payment for any order when payment is due.
We may vary any prices on this Website at any time without notice to you.
Availability and Cancellation
All orders are subject to the availability of products. We may reject or cancel any order due to unavailability of any product. If for any reason a product is not available, we will endeavour to notify the non-availability on this Website. We may revise the range of products or the specification of any product at any time without notice to you.
Where any product is listed on this Website with an incorrect price or with incorrect information, we reserve the right to reject or cancel your order (regardless of whether you have made payment for that order). You acknowledge and agree that we have no obligation to sell any product either online or in-store where that product is listed with an incorrect price or with incorrect information. Where you have already made payment for an order that is subsequently rejected or cancelled by us, we will refund the full amount paid by you in relation to that order.
You may cancel your order any time prior to the time that we send our confirmation of acceptance for that order. Once we have sent our confirmation of acceptance for your order, you may not cancel that order.
Delivery and delivery fees
Products purchased online from this Website are eligible for delivery to addresses in the United States only.
The applicable delivery fees are clearly displayed in your local currency at the time of purchase.
Once we have confirmed our acceptance of your order, we will endeavour to dispatch your order within 3 Business Days unless a different timeframe is specified in relation to a particular product. If we are unable to dispatch your order within this time frame we will endeavour to contact you and advise you of the expected dispatch date.
You may specify delivery instructions for your order (for example, you may authorise the courier to leave the products in a specified location if you will not be at the delivery address). We will not be responsible or liable for anything that happens to any order that is delivered in accordance with your delivery instructions.
Although we will endeavour to meet delivery time-frames where possible, all delivery time-frames are estimates only and we will not be liable for any loss, expense, or other damage caused by any delay in delivery.
We retain ownership and title of the products we supply to you until we have received the full price for the products and the applicable delivery charges. Once your order has been delivered to you (or has otherwise been delivered in accordance with your delivery instructions) you assume full responsibility for and risk in the products.
Customs, duties and taxes
Each package that contains a product that you have purchased may be subject to Taxes of the country to which such package is shipped. All such Taxes are your responsibility.
Cross-border shipments may be subject to opening and inspection by customs authorities. In order to facilitate customs clearance and comply with local laws, we may provide certain order, shipment and product information, such as your title, to our international carriers, and such information may be communicated by shipping service providers to customs authorities. Customs authorities may require us to declare the value of the products you have purchased.
You acknowledge that delays associated with customs clearance procedures may cause our original delivery time frames estimates to be exceeded. We are not responsible for such delays.
Warranties and guarantees in relation to our goods
We may, at our sole option, repair or replace a defective product or provide a refund of the purchase price.
Repair, replacement, or refund as set forth at section above, are without prejudice to your rights at law. The remedies under the twelve month limited warranty and three year watch limited warranty are given by John Fulton Diamond Jewelers in addition to, and not in place of, your rights at law.
John Fulton Diamond Jewelers reserves the sole right to judge whether or not an item of jewellery has been subject to ordinary wear and tear, misuse, abuse, alteration, substitution, improper repair or warranty service performed by someone other than John Fulton Diamond Jewelers (or its authorised repairers), theft, disappearance, loss (including lost stones) or any other type of use causing deterioration.
Disclaimer in relation to Website
THE WEBSITE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, QUALITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THE ACCURACY, RELIABILITY OR COMPLETENESS OF ANY INFORMATION PROVIDED BY US IN CONNECTION WITH YOUR USE OF THE WEBSITE, OR THAT THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY DATA, FILES, AND/OR OTHER INFORMATION STORED ON A SERVER OWNED OR UNDER OUR CONTROL OR IN ANY WAY CONNECTED WITH THE WEBSITE, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE, UNINTERRUPTED, ERROR-FREE, VIRUS-FREE OR SECURE. WE TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY CONTENT THAT YOU OR ANY THIRD PARTY SUBMITS, POSTS OR SENDS OVER THE WEBSITE. YOU ARE SOLELY RESPONSIBLE FOR YOUR CONTENT AND SUBMISSIONS AND THE CONSEQUENCES OF POSTING OR PUBLISHING SUCH MATERIALS, AND YOU AGREE THAT WE ARE ONLY ACTING AS A PASSIVE CONDUIT FOR YOUR AND OTHER USERS’ ONLINE DISTRIBUTION AND PUBLICATION OF CONTENT PROVIDED BY YOU AND THEM.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE, OUR PARENTS, SUBSIDIARIES, AFFILIATES, OR ANY OF THEIR DIRECTORS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS OR THIRD PARTY LICENSORS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES ARISING OUT OF OR RELATING TO THIS AGREEMENT AND/OR THE WEBSITE PROVIDED HEREUNDER OR ANY OTHER INTERACTIONS WITH US, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, RECKLESSNESS, PROFESSIONAL NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS OR LEGAL THEORY. WITHOUT LIMITATION OF THE FOREGOING, THE TOTAL LIABILITY OF US, OUR PARENTS, SUBSIDIARIES, AFFILIATES, OR ANY OF OUR DIRECTORS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, OR AGENTS FOR ANY REASON WHATSOEVER RELATED TO USE OF THE WEBSITE OR ANY CLAIMS RELATING TO THIS AGREEMENT OR ANY CONTENT SHALL NOT EXCEED THE AMOUNTS, IF ANY, PAID BY YOU TO US DURING THE PAST TWELVE MONTHS IN CONNECTION WITH YOUR ACCESS TO THE WEBSITE.
To the maximum extent permitted by law, we do not accept responsibility or liability for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this Website or any linked Website, including any such loss arising out of your use of or reliance on information contained on, or accessed through, this Website, or concerning any product ordered by you from this Website.
You agree to release, indemnify and hold harmless us, our parents, subsidiaries, affiliates, directors, members, officers, employees, agents and third party licensors, third-party publishers, necessary third-party platform providers, from and against any and all liabilities, losses, damages, claims and expenses, including, without limitation, attorneys’ fees, with respect to (i) your access, use or misuse of, or reliance upon, the Website, (ii) your actual or alleged violation or breach of this Agreement or rights of another, (iii) any content, including Submissions, provided by you or through use of your account, and/or (iv) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder. For the avoidance of doubt, this section shall survive the termination of this Agreement.
Disclaimers in relation to products and product descriptions
Items which are advertised as discounted have been ticketed and offered for sale at the higher price before the relevant sale commenced. However, you acknowledge that such items may have been sold at a lower price from time to time.
We try our best to be as accurate as possible in our product descriptions. However, we do not warrant that the product descriptions or other content of this Website are accurate, complete, reliable, current, or error-free. The colors you see will depend on your monitor and we cannot guarantee that your monitor’s display of any color will be accurate. All features, content, specifications, sizes and prices of products and services described or depicted on the Website are subject to change at any time without notice. Certain weights, measures and similar descriptions may be approximate and are provided for convenience only. Packaging may vary from that shown. Although all reasonable care is taken to ensure that photographs appearing on this Website reflect as accurately as possible the actual size of products, you acknowledge that due to the inherent difficulties with photographing items of jewellery, some products may appear larger or smaller than their actual size when represented on this Website.
Intellectual Property Rights
The materials displayed on this website are protected by copyright and other laws in the United States, and under similar laws and international conventions abroad. You acknowledge and agree that all copyright and other Intellectual Property Rights that may subsist in materials available through or on this Website (including text, graphics, illustrations, artwork, photographs, video, music, logos, icons, sound recordings, source code, computer programs, and software) belong to us or to our licensors.
You must not in any form or by any means:
(a) use, copy, modify, adapt, reproduce, store, distribute, print, display, perform, publish, transmit in any way, or create derivative works from, any material available through or on this Website or any part of this Website generally; or
(b) commercialise any material available through or on this Website, or any information, products or services obtained from any part of this Website.
All brand, product, trade, and service names and logos used in this Website are the trademarks of us or third parties who have licensed us to use such marks. You are not allowed to use or reproduce any such trade marks in the course of trade, and you may only use such trademarks to access, view, or interact with this Website for your own personal and non-commercial purposes.
Unless we agree otherwise in writing, you are provided with access to this Website for your personal use, non-commercial use only. You are authorised to print a copy of any information contained on this Website for your personal, non-commercial use, unless such printing is expressly prohibited by a notice or other communication on this Website. Without limiting the generality of the foregoing, you may not without our prior written permission on-sell or distribute to any other person information obtained from this Website.
We may from time to time offer discounts and promotions in respect of our goods and services. The specific terms and conditions of those discounts and promotions will be located on a specific location on our Website, however, the terms and conditions of this Agreement apply to those discounts and promotions in addition to any specific terms and conditions and in the event of conflict between any term of those specific terms and conditions and this Agreement, the terms and conditions of this Agreement shall prevail. The provision of any such offers may be removed from this Website at any time in our complete discretion.
You must ensure that your access to this Website is not illegal or prohibited by laws which apply to you. You agree not to use this Website for any purpose that is unlawful or to engage in any conduct that may impair or cause damage to the operation of this Website whether by way of a virus, corrupted file or through any other means.
You must take your own precautions to ensure that the process which you employ for accessing this Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system or data.
Details contained on this Website relating to goods or services have been prepared in accordance with United States law and may not satisfy the laws of any other country. We do not warrant that the details on this Website concerning those goods or services will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction where you reside (if that jurisdiction is outside the United States) and if the details do not satisfy the laws of your jurisdiction, you may not order any goods or services from this Website.
Linked Websites and advertisements
This Website may contain links to other websites ("linked web sites"). Those links are provided for convenience only and may not remain current or be maintained.
We are not responsible for the content or privacy practices of, or on, or associated with, linked web sites.
Our links with linked web sites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked web sites, or of any information, graphics, materials, products or services referred to or contained on those linked web sites, unless and to the extent stipulated to the contrary.
Security of information
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we take reasonable steps to preserve the security of such information we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk, and you assume all responsibility and risks arising in relation to your use of this Website and the Internet.
Termination of access
Access to this Website may be terminated at any time by us without notice. Our disclaimers and limitations and exclusions of liability provided in this Agreement will nevertheless survive any such termination.
To the extent permitted in your local jurisdiction, this Agreement is governed by the laws of the State of Connecticut, United States of America, without regard to its conflict of laws provisions.. You agree to submit to the exclusive jurisdiction of the state and federal courts located in the State of Connecticut, United States of America, in all questions and controversies arising out of your use of this website and this Agreement and agree that those courts are a convenient forum in which to resolve any dispute arising in relation to this Agreement (and any contracts between you and us which arise through your use of this Website).
We are not liable for any failure by us to comply with this Agreement where such failure is due to circumstance beyond our reasonable control.
If we waive any rights available to us under this Agreement on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of this Agreement, or any part of a particular term or condition, is or are held to be invalid, unenforceable or illegal for any reason that unenforceable or illegal term or condition (or part thereof) shall be construed in accordance with applicable law to the greatest extent possible to reflect the original intentions of the parties, and the remaining terms and conditions of this Agreement, or the remaining part of a particular term or condition of this Agreement as the case may be, shall nevertheless continue in full force.
This Agreement is the complete and exclusive agreement between the parties and supersede all provisions and contemporaneous agreements, proposals and communications with respect to this subject matter.
No Class Actions
You agree to resolve any disputes related to this Agreement as an individual and not as a class or join any class. You understand that, in return for agreement to this provision and the dispute provision above, we are able to offer the Website at the terms designated, and that your assent is an indispensable consideration to this Agreement. You also acknowledge and understand that, with respect to any dispute with us, our officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Website or this Agreement: YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
Last Updated: 20/11/2014