Terms of Use
PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR WEBSITE. BY USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS.
Welcome to pacemjewelry.com (the “Website”) operated by Pacem Jewelry LLC, a Wyoming limited liability company (collectively, “we”, “our”, or “us”). This Terms of Use Agreement (this “Agreement”) sets forth the legal terms and conditions that govern your access and use of our Website. By accessing browsing, or using this Website and/or by placing any products in your online shopping cart, and/or by clicking to indicate your acceptance of this Agreement (for example, by clicking I Agree, Place Order, Checkout, or a similar button), you acknowledge that (i) you reviewed, agree and consent to the terms and conditions of this Agreement and the Privacy Policy and (ii) you are obligated to abide by and uphold the terms and conditions of this Agreement and the Privacy Policy, including any policies incorporated by reference, as well as the processing of your data as described therein and, so please read them carefully.
Persons Under the Age of 18
No one under the age of 18 may interact with or purchase any products from this Website. We do not knowingly collect personal information from persons under the age of 18. If you are under 18, do not (i) use or provide any information on the Website or on or through any of its features, (ii) make any purchases through the Website or (iii) provide any information about yourself to us.
Updates to this Agreement
We may from time to time change this Agreement. Such amendments will become effective when we post them on the Website, or when we otherwise provide notice to you of any amendments. You agree to be responsible for periodically checking this Agreement for updates and you understand that any revised terms supersede any previous terms of this Agreement. Your continued access and use constitutes binding acceptance of any modified Terms of Use.
Other Polices and Terms
Certain features, services, promotions, or areas of the Website, or certain Products, may be subject to additional terms, conditions, rules, or policies (collectively, “Additional Terms”). All such Additional Terms are hereby incorporated by reference into this Agreement, and in the event of a conflict between this Agreement and any Additional Terms, the Additional Terms will control solely with respect to the applicable feature, service, promotion, area of the Website, or product.
Third Party Terms
The Website may reference or integrate with services, tools, or platforms made available by third parties (including, without limitation, third-party payment processors and shipping carriers). Your use of such third-party services may be subject to separate terms and conditions and privacy policies between you and such third parties. We are not a party to such third-party agreements and are not responsible or liable for such third-party services, except to the extent expressly provided in this Agreement.
Copyrights and Trademarks; Permitted Uses
You acknowledge and agree that we own or have rights to all of the content, information, materials, tools, organization and layout and any other intellectual property contained in the Website or contained in any program or service you purchase from us (collectively, the “Website Content”). Furthermore, such Website Content is protected by the US Copyright and Trademark laws which prohibit you from copying, scraping, selling, tampering, posting, transmitting or distributing the Website Content in any way, including by email, text, chat or other electronic means. Furthermore, without prior written permission, you may not create frames around our web pages that alter in any way the visual presentation or appearance of our Website.
Without our consent, you may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, re-publish, download, store or transmit the Website Content, use the Website Content on any other website or networked computer environment or use the Website Content. You are not authorized to share, copy, distribute, or otherwise disseminate any materials received from us electronically or otherwise without our prior written consent. All intellectual property shall remain our sole property. No license to sell or distribute our materials is granted or implied. You are not authorized to use any of our intellectual property (trademarks, etc.) for business purposes. However, subject to your compliance with this Agreement, we grant you a personal, non-exclusive, non-transferable, revocable license to access and use the Website Content and any products you purchase solely for your own personal, non-commercial use.
It shall not be a breach of this Agreement if your computer temporarily store copies of such Website Content or files in RAM or in your browser incidental to your accessing and viewing the Website. Additionally, it shall not be a breach of this Agreement to download a single copy of any application or other Website Content that we may provide to you in connection with any program or service you may purchase from us. However, in all cases, you agree that nothing in this Agreement shall be interpreted to give you any ownership rights in the Website Content.
Links to Other Websites
Our Website may contain links to other websites which are operated by unaffiliated third parties. We are not responsible for the content or policies of any linked website and/or the content or policies of any website linked within those websites. The inclusion of a link on our Website does not in any way suggest an endorsement of the content or policies of that website. You agree that we make no representations or take any responsibility for such third-party sites, including, without limitation, the accuracy or quality of their content, services, data collected, advertising, and activities conducted on or through such third-party sites. YOU AGREE THAT WE SHALL NOT BE RESPONSIBLE FOR ANY HARM RELATED TO ANY THIRD PATY SITE FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY.
Product Information
We endeavor to describe and display our products accurately on the Website, including information regarding design, materials, dimensions, weight, finish, stones, and other relevant attributes. However, minor variations in appearance may occur due to, without limitation, device display differences, manufacturing tolerances, artisanal crafting, and natural variations in materials.
Certain products may have custom-made, made-to-order, or personalized aspects in accordance with your specifications (including, for example, engraving, sizing, metal selection, stone selection, or bespoke design).You are solely responsible for reviewing and confirming all details of the customization (including, without limitation, sizes, spellings, characters, and design selections) prior to order placement. Minor variations inherent in hand-crafted or custom manufacturing processes, or in natural materials, shall not be deemed non-conformities or defects. Custom products will be subject to different return, exchange, or cancellation policies, which are specified below.
You acknowledge and agree that the products, including custom products, may be manufactured, assembled, or finished outside the United States by third-party manufacturers, artisans, or affiliated entities selected by us in our discretion. We may identify the country of origin or place of manufacture of any product on the Website or product packaging, subject to applicable labeling laws and regulations.
We cannot guarantee that any product, style, material, stone, size, or configuration will be available at any given time. We reserve the right, at any time and without notice, to modify, discontinue, or limit quantities of any product or to substitute comparable materials or components when reasonably required by supply or manufacturing conditions, provided that such substitutions do not materially and adversely affect the overall quality or function of the product.
Online Orders; Offer and Acceptance
The Website allows you to browse and select products to add to your online shopping cart and proceed to checkout. Products placed in your cart are not reserved and may become unavailable or subject to price changes at any time prior to the completion of your order. By completing the checkout process and submitting an order through the Website, you are making a binding offer to purchase the products listed in your order in accordance with this Agreement and at the prices and charges displayed at the time of order submission, including any applicable taxes, shipping charges, and, where indicated, estimated customs, duties, or fees. After you submit an order, we may send you an order acknowledgment by email or by other electronic means, confirming receipt of the order. Such acknowledgment confirms receipt of your order and does not constitute acceptance of your offer or a contract of sale. Our acceptance of your offer and the formation of a binding contract of sale between you and us occurs when we your chosen payment method is charged through our third-party payment processor or when we issue a written order confirmation indicating that the order has been accepted and is being processed for manufacture or shipment. Company may refuse or cancel any order, in whole or in part, prior to acceptance, for any reason or no reason.
Order Changes and Cancellations by Customer
Once an order has been accepted, requests to change or cancel the order may be accommodated or refused in our sole discretion, subject to (i) the stage of manufacturing or fulfillment reached at the time of your request; and (ii) the return, exchange, and cancellation policy applicable to the product or products ordered, particularly for custom products. Any permitted cancellation or change may be conditioned on your agreement to pay applicable fees, including, but not limited to, restocking, customization, or administrative fees.
Shipping; Delivery; Risk of Loss
Following order acceptance and, where applicable, completion of manufacturing or finishing, we will arrange for shipment of the products to the shipping address you specify at checkout, using one or more carriers or shipping service providers.
The available shipping methods, estimated delivery windows, and associated charges will be presented to you during the checkout process. You are responsible for selecting your preferred available option and for payment of all shipping charges. All shipping charges are nonrefundable except as expressly provided in this Agreement or as required by applicable law.
Any delivery dates or estimates provided by Company or shown on the Website are approximate only and are not guaranteed. Delivery times may be affected by production lead times, carrier delays, customs processing and inspections, local delivery conditions; and other circumstances beyond our reasonable control. You agree that we shall not be liable for any losses or damages arising from late delivery to the extent permitted by law.
International Shipping; Customs Clearance
If products are shipped internationally:
- Delivery may be subject to customs inspection and clearance procedures in the country of destination, which may cause additional delays.
- You are responsible for complying with all import laws, regulations, and requirements of the country to which the products are shipped, including any restrictions on jewelry or items containing precious metals, stones, or regulated materials.
- We may provide certain customs documentation (for example, commercial invoices or declarations) based on its understanding of applicable requirements, but we do not provide legal or customs advice and disclaims responsibility for compliance with destination-country regulations beyond its own obligations as exporter or shipper of record, where applicable.
Risk of Loss and Title
Unless otherwise required by applicable law, the risk of loss or damage to the products passes to you when the products are delivered to the carrier at manufacturers shipping point. Title to the product or products passes to you upon our receipt of full payment for such products. If a product is lost, stolen, or damaged in transit after risk of loss has passed to you, your recourse, if any, may be with the carrier or your own insurance provider, and not with us, subject to any consumer rights that cannot be waived under applicable law.
Delivery Address; Non-Delivery
You are responsible for providing accurate and complete shipping information. If (a) a product is returned to us due to an incorrect or incomplete address, refusal of delivery, or failure to collect the shipment from customs or a carrier depot, or (b) delivery cannot be completed for reasons within your control, we may, in its discretion:
- reship the product or products to you, subject to payment of additional shipping charges and any return or storage fees; or
- treat the order as cancelled and process a refund, less applicable shipping, handling, and restocking fees, except as prohibited by law.
Returns; Exchanges; Cancellations
Subject to the conditions of this section and unless otherwise stated on the Website or in the Product description, we may allow you to return certain non-custom, non-final-sale products for a refund or exchange within 7 days from the date of delivery. We will consider any refund request on a case-by-case basis. In all cases, products must be unworn, unused, and in their original condition, with all original tags, packaging, certificates, and documentation. Any indication of wear, resizing, alteration, or damage may result in refusal of the return or a partial refund, in our discretion, as permitted by law.
Notwithstanding anything to the contrary, the following items are generally not eligible for return, refund, or exchange, except where required by law: (i) custom products, personalized or engraved items, made-to-order jewelry, and bespoke designs, (ii) products marked as final sale, non-returnable, or equivalent designations at the time of purchase, (iii) products that have been worn, altered, resized, or damaged after delivery and (iv) products lacking original packaging, documentation, or authenticity certificates, if any.
To initiate a return or exchange, you must contact our customer service within the applicable return period to obtain a return authorization and instructions. Unless otherwise specified, you are responsible for securely packaging the product and shipping it at your risk, using a tracked, insured shipping method. We reserve the right to inspect returned products before issuing any refund or exchange.
If a return is approved and completed in accordance with this Agreement, refunds will be issued to the original method of payment, less any applicable shipping charges and fees, within a commercially reasonable time after inspection of the returned product. We may impose a reasonable restocking or processing fee, as disclosed in advance on the Website or during the return authorization process, except where prohibited by law.
For orders that have not yet entered production or shipment, we may, in our discretion, permit you to cancel an order upon request, subject to confirmation in writing by us. For custom products or orders already in production, we may deny cancellation or allow cancellation subject to a cancellation fee to cover costs incurred, including materials, labor, and administrative expenses, to the maximum extent permitted by law.
Pricing; Taxes; Duties and Import Charges
Product prices listed on the Website are in U.S. dollars unless expressly stated otherwise and are subject to change at any time without notice. The price applicable to your order will be the price in effect at the time you submit the order, subject to correction of manifest errors, as set forth herein.
We endeavor to provide accurate pricing and product information but do not guarantee that all information is error-free. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information, including pricing, at any time without prior notice. In the event of an obvious or material pricing error affects your order, we will address such issue on a case-by-case basis.
You are responsible for all applicable sales, use, value-added, goods and services, or other similar taxes imposed by any governmental authority in connection with your purchase of products. Where we are required by law to collect applicable taxes at the time of sale, such taxes will be added to your order total and itemized during the checkout process.
Additionally, because the products may be manufactured or shipped from outside your jurisdiction, your order may be subject to customs duties, import taxes, brokerage fees, and other charges imposed by the country or jurisdiction of delivery. Unless expressly stated otherwise, you are solely responsible for the payment of all such customs, duties, taxes, and related charges. Such charges are typically collected by the carrier upon delivery or may be billed to you separately by the relevant customs authority. We are not responsible for delays or non-delivery resulting from your failure or refusal to pay such charges, or for your failure to comply with applicable import requirements.
Payment Terms; Third-Party Payment Processing
Payment for products ordered through the Website must be made using one or more methods offered at checkout, which may include major credit cards, debit cards, digital wallets, or other payment instruments, in each case as processed by one or more independent third-party payment processors.
You acknowledge, understand and agree that (i) your payment information is collected, processed, and stored by a payment processor in accordance with its own terms, conditions, and privacy policy (ii) the payment processor is a separate and independent provider and not an agent, employee, or affiliate of us and (ii) your use of any payment processor service is subject to the applicable contractual terms, which you may be required to accept as part of the checkout process.
By submitting an order through the Website and providing payment card or other payment information, you (a) represent and warrant that you are authorized to use the designated payment method; (b) authorize the payment processor to charge the full amount due for your order, including applicable taxes, shipping charges, and any other amounts disclosed during the checkout process; and (c) authorize us and the payment processor to correct any errors in such payments.
We require that payment processors maintain commercially reasonable security measures that comply with applicable industry standards, such as the Payment Card Industry Data Security Standard (PCI DSS), with respect to payment card transactions. Notwithstanding the foregoing, no method of transmission over the internet or method of electronic storage is entirely secure. Except as required by applicable law, we are not responsible for any damages resulting from security breaches or unauthorized access to or use of your payment information occurring at or by a payment processor or other third party.
If any payment is refused, reversed, or charged back, or if we reasonably suspects fraudulent or unauthorized activity, then we may cancel your order or suspend fulfillment until payment is successfully completed. You agree to cooperate with us, the payment processor, and your financial institution to resolve any such issues and, where appropriate, to reimburse us for any losses, fees, or charges incurred as a result of such refusal, reversal, or chargeback to the fullest extent permitted by law.
No Warranties
The Website Content and our products are provided solely on an “as is” and “as available” basis. We disclaim all express and implied warranties regarding the Website Content and the Services, including implied warranties of merchantability or fitness for a particular purpose, security and non-infringement.
We make no warranty that the Website Content or the Services will be uninterrupted, secure, error-free, and timely or will meet your needs or requirements. We cannot guarantee that software errors will be corrected in a timely fashion, if at all. We also are in no way responsible for the online or offline conduct of other paying customers.
No oral or written information or advice given by us or our employees or agents shall create a warranty or in any way increase the scope of our obligations hereunder. You agree that you will not rely on any such information or advice.
Limitation of Damages
WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OR INABILITY TO USE THE WEBSITE, INCLUDING USE OF OR RELIANCE ON INFORMATION AVAILABLE ON THE WEBSITE, DATA LOSS, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETION OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE.
IN NO CASE, SHALL OUR LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES OR CAUSES OF ACTION (TORT, CONTRACT, NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE IN THE PREVIOUS SIX-MONTH PERIOD.
Release and Indemnity
YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AND/OR LIABILITY AGAINST US ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE WEBSITE. YOU ALSO AGREE TO DEFEND, INDEMNIFY AND HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS AND AFFILIATES FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS, OR EXPENSES, INCLUDING REASONABLE ATTORNEY’S FEES, ARISING FROM OR IN CONNECTION WITH (A) YOUR USE OF THE WEBSITE OR THE WESITE CONTENT, (B) YOUR FAILURE TO ABIDE BY ALL APPLICABLE LAW, INCLUDING ALL COPYRIGHT AND TRADEMARK LAWS AND (C) YOUR BREACH OF ANY OF THE AGREEMENTS, REPRESENTATIONS AND WARRANTIES CONTAINED IN THIS AGREEMENT.
Governing Law
This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. Any action you, any third party or we may bring to enforce this Agreement (or in connection with any matter related to this Website) shall be brought only in a federal or state court located in New York County, New York. You expressly consent to the jurisdiction of said courts and waive any objections based upon forum non conveniens. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except by us in writing.
Your Warranties to Us
By making use of any portion of our Website to which you have access, you agree, represent and warrant that (i) you will comply with all of the terms and conditions of this Agreement, (ii) you will not modify the Website Content under any circumstance, (iii) you will not input or merge any libelous, unlawful or infringing material or information with the Website Content (iv) you will abide by all laws in connection with your use of the Website Content including proper attribution of us as the owner of the Website Content.
Relationship
The relationship hereby established between us and you is solely that of independent entities. This Agreement shall not create an agency, partnership, joint venture, franchisor/franchisee or employer/ employee relationship, or fiduciary, and nothing hereunder shall be deemed to authorize either party or any other party to act for, represent or bind the other except as expressly provided in this Agreement.
Non-disparagement
In the event that a dispute arises between us, we both agree that neither will engage in any conduct or communications, public or private, designed to disparage the other.
Controlling Agreement
In the event of any conflict between the provisions contained in this Agreement and any marketing materials used by us, our representatives, or employees, the terms in this Agreement shall control.
Entire Agreement
The parties acknowledge and agree that this writing contains the entire Agreement between the parties hereto, that there are no other representations or understandings, either verbal or written, between the parties, and that this Agreement supersedes any and all prior agreements between the parties. The Agreement shall not be modified except by written agreement signed by both us and you.
Contact Us
If you have questions or comments regarding this Terms of Use Agreement, please contact us.