You agree to be bound by the Terms and Conditions ("Terms and Conditions") contained herein by using this Website. Accordingly, you should read them with care. If you do not agree to these Terms and Conditions, do not use this Website or make any purchase from it.
The Terms and Conditions contained herein govern your use of, and any purchase from, the Brian Michael's Jewelers Website. Brian Michael's Jewelers reserves the right to change or modify any of these Terms and Conditions or any policy or guideline of this Website in its sole discretion by posting such changes or modifications to this Website. Changes and modifications will be effective immediately upon posting to this Website. Your continued use of this Website following the posting of such changes or modifications constitutes acceptance of them. Therefore, you should frequently review these Terms and Conditions and any other applicable policies to understand the Terms and Conditions that apply to your use of this Website. If you do not want to be bound by the amended Terms and Conditions, stop using this Website.
Product Availability and Pricing
Product displayed on this Website is not always available for immediate shipping. While we make every effort to keep the Website current, product is constantly being sold and therefore available inventory is constantly changing. If you need a product shipped within forty-eight hours, we recommend that you contact the Website Customer Service Department at firstname.lastname@example.org which should be able to tell you whether or not the product can be shipped in that time frame, or that you provide us with a cell phone number or other information that allows us to quickly contact you in case the item is no longer in stock. If a piece of jewelry is listed as being out of stock and you call us, we can usually tell you the date that it is expected to be back in stock.
This Website prides itself at offering quality products at reasonable prices. We do not engage in price negotiation and all prices are final. Our prices are subject to change without notice because we operate in a market where prices can change rapidly. We also are not perfect and do occasionally make errors in entering data on our Website. While we make every attempt to avoid these errors, they occur. We reserve the right to correct any and all errors when they occur. When we notice an erroneous price prior to shipping a product, we will contact you and request your instructions as to whether you want the product at the correct price or wish to cancel the order. If the order has been shipped before we notice the erroneous price, you agree to either return the product or pay the difference between the actual and charged prices. If you elect to return the product, we will pay for shipping the product back to us and we will fully refund what you paid, including any shipping costs. If we notice that we have overcharged you for a product as a result of a pricing error, we will credit you for the difference. Please contact the Website Customer Service Department at email@example.com if you have any questions.
All prices are in United States dollars and payment must be made in United States dollar. If you use a credit card, the conversion rate will be as set by bank that issues your credit card.
Every so often, you will not be able to find the precise combination of diamond and setting that you want on our Website. In such instances, you may make a specific request through this Website or you may call us at 716-833-0700 and we will make every effort to assist you.
Loose diamonds are shipped with a diamond grading report and appraisal (also called a diamond certificate). A diamond certificate is written and signed by a diamond grading expert at one of two highly-respected diamond laboratories and they are very expensive to replace. Accordingly, we require that you return the diamond certificate if you return the diamond. If you fail to return the diamond certificate, you will be charged a replacement fee.
To keep our prices low, we do not allow comparison purchasing. Comparison purchasing is the act of buying several items with the intent of keeping the one you like best and returning the remainder. This causes undue restocking and inventory overhead and can be very costly.
We resize rings free of charge if requested to do so within 45 days of its original shipment. Resizing generally takes 10-14 business days, but there are times during the year ñ particularly prior to and after the holidays ñ when it may take longer. Use our return policy instructions for shipping the ring back to us if you need it resized.
Product Information on our Website
Some of the information that we display on our Website concerning a product comes from the manufacturer, such as dimensions and sometimes the pictures. For products which are convex or rounded, these dimensions are usually measured prior to the rounding of the metal in the manufacturing process, and this may lead to slight discrepancies. In addition, for products where we state a weight, it is possible that the weight in any and all purchases will vary by as much as .05 carats from the stated weight. For those items which contain more than one diamond, we use the average grade and measurement for carat weight, color and clarity.
We use our best efforts to provide you with an accurate view of our products on our Website. However, in order to let you see the product, it is sometimes necessary to make the product appear larger or smaller than the actual size. In addition, the settings on your monitor can affect color, size and shape slightly.
Some of our diamonds are laser inscribed. We do not provide laser inscription services ourselves. We can provide you with contact information for diamond grading labs that provide this service.
Kimberly Process Policy - No Conflict Diamonds
Our diamonds are purchased from well known and respected suppliers. Each of these suppliers has agreed to the standards established by the Kimberley Process, which is an international system for assuring that diamonds come from sources that are conflict free. Read more about the Kimberley Process at the Jewelers Vigilance Committee website: http://www.jvclegal.org
BRIAN MICHAEL'S JEWELERS SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Third Party Content
Order and Shipping Policies
At present, we ship only to addresses in the United States, including APO/FPO addresses, and Canada. We do not ship to other locations.
For your convenience, we offer the following payment methods:
Credit cards: Use your Visa, MasterCard, American Express or Discover card.
Debit cards: You may use your debit card if your account allows payments of this size and there are sufficient funds in your account.
If you have a gift certificate for our Website, you must also use a credit card. We insist on this to validate your identity and to prevent fraudulent use of gift cards. We only charge your credit card if the amount of your order exceeds the amount of the gift certificate. Gift certificates have a cash value of 1 cent. However, Brian Michael's Jewlers does not redeem gift certificates for cash under any circumstances. You can retain the unused portion of a gift certificate for a future purchase. Gift certificates do have an expiration date which appears on your gift certificate. The law of the state where Brian Michael's Jewelers delivers a gift certificate may apply to certain aspects of the gift certificate. For example, some states prohibit expiration dates on gift certificates. If Brian Michael's Jewelers delivered a gift certificate to you in a state which has such a prohibition, the expiration date does not apply.
Security and Insurance of Shipments
We insure each order from when we send it until when you receive it. When your order is in transit to you, your shipment is always risk-free. We also require a signature on all orders, even if you have a signature waiver on file with the carrier.
We only ship to the address on your credit card or to an address that is on file with your credit card company as a further protection against fraudulent charges.
If you cannot be available to receive your order on a weekday, we will ship by FedEx for Saturday Delivery if that is available for your address. If Saturday service is available in your area but not at your address, we may be able to arrange pickup of your shipment at a FedEx World Service Center. You must call our Website Customer Service Department at 716-833-0700 to arrange this service.
We ship orders under $10,000 to APO and FPO addresses via USPS priority mail, but the delivery times stated on this Website do not apply for those shipments, because of the nature of those addresses.
Returns are only accepted through BRIAN MICHAEL'S JEWELERS. You may not return a product purchased on this Website at the Retailer's stores without contacting us first at firstname.lastname@example.org. Our return policy applies not only to the return of products that you do not want, but also to the return of diamonds that you elected to view before they were put in a setting, to rings that need resizing (see above), to products that require engraving and to any other type of return. All returns require that you contact us first and obtain a return authorization code, which must appear on the return label. We do not accept deliveries that do not have such return authorization code.
We have a very flexible return policy with respect to products that you do not want, but you must follow our return procedures. Any item that does not have custom engraving that is in its original condition may be returned within 30 days of the date of shipment for a refund or an exchange.
Once we receive your returned item and it is accepted, your refund or new item will be processed in just a few days. Upon receiving your return, the item will be reviewed by our Quality Assurance department. Please note that items showing signs of wear or those that have been engraved, altered, re-sized (by a jeweler other than Brian Michael's Jewelers), or damaged in any way cannot be accepted for return. Returns with no Brian Michael's Jewelers Return Merchandise Authorization code, and packages that are improperly packaged or uninsured will be refused receipt.
Preparation of the Return Package
You must follow this process in preparing your return package.
Obtain an Return Merchandise Authorization Code (RMA). Email our Website Customer Service Department at email@example.com or call us at 716-833-0700 and request an Return Merchandise Authorization Code for the return of the product.
Prepare and Affix the Label: Use the return label that came with your original invoice and write the Authorization Code on the Return Label where indicated. DO NOT write Brian Michael's Jewelers or the name of any jewelry store anywhere on the outside of the package. Place the return label on the package.
Package Your Return: You must include EVERYTHING that came in your original package, including the original packaging material and any other material. For example, if your item was delivered with a diamond certificate and that certificate is not returned, you will receive a refund less the cost of obtaining a new diamond certificate.
Shipment and Insurance: Request that we sign for any package that your ship back to us AND request that you receive confirmation of receipt. Brian Michael's Jewelers is not responsible for any loss or damage that occurs during the return shipment, which is why we require that you ship using a carrier that will provide insurance for the full value of the product.
Invoice Price Not greater than $500: You may use any carrier that will deliver to our address, insure your package for $500 and provide you with a delivery receipt.
Invoice Price Greater than $500: We are not currently aware of any service other than the US Postal Service Registered Mail which will insure your package for full value and provide you with a return receipt. Accordingly, you must use the US Postal Service Registered Mail and request a return receipt.
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