Terms and Conditions
Online Shopping Terms and Conditions
These terms apply to the ordering, purchase and delivery of Goods from the Website, and form a contract between you and Jewelry by Jamie of 1057 Regent Park Drive, Birmingham, AL 35242 (Jewelry by Jamie) (Terms). If you have a myaccount, you agree that these Terms (as amended from time to time) will apply to all of your Orders.
These Terms contain important information about the ordering, processing and delivery of Goods, including limitation of liability.
If you have any questions, please contact our Customer Service by email at email@example.com or via the form on the Contact page and we will be happy to assist you.
- Compliance with Terms
1.1. You will be bound by these Terms each time you submit an Order. Each Order you place will be a separate contract between you and Jewelry by Jamie for the supply of Goods.
- Placing Orders for Goods
2.1. You acknowledge that all Goods purchased under these Terms are intended for personal non-commercial use only and will not be re-sold.
2.2. Jewelry by Jamie will not be liable to you for loss you or any third party suffers for a delay or failure to process your Order or deliver Goods due to inaccurate or incomplete details provided in an Order.
2.4. You agree to obtain consent to provide Jewelry by Jamie with Personal Information of recipients of gifts or Goods Ordered by you.
2.5. You may Order from Jewelry by Jamie if you are a US resident aged 16 years or older, and have an active email account or a telephone number at which you can be contacted.
2.6. If you place consecutive or separate Orders, we cannot consolidate your Orders. A separate Delivery Fee, if applicable, will apply to each Order. Subject to any applicable quantity restrictions, you can order as many Goods as you wish in one Order.
2.7. Jewelry by Jamie reserves the right to accept or reject your Order for any reason at any time. If Jewelry by Jamie rejects your Order you will receive a refund of any money paid.
- Availability of Goods
3.1. From time to time, some Goods may be out of stock or are unavailable and we may not be able to fulfil all or part of your Order. If this happens, we will refund you the price paid for the Goods impacted.
3.2. We may withdraw or suspend from sale any Good displayed on the Website, either temporarily or permanently, at any time. Jewelry by Jamie Online will not be liable to you for any loss you or any third party suffer as a result of a withdrawal or suspension of sale of a particular Good.
3.3. Where a Good which is the subject of an Order has been withdrawn or suspended from sale and your payment for the Good has already been processed, we will refund any money paid to us under clause 7.
3.4. Jewelry by Jamie reserves the right not to honor any incorrect offers represented on the Website made by genuine human or system error. Where your Order is affected by an error on the Website (for example, in a description, an image, Price or otherwise), we will reject that part of the Order affected by the error. You will be refunded the value of that part of your Order affected by the error, under clause 7, and Jewelry by Jamie Online will fulfill the remainder of your Order. If you are not satisfied with the partial fullfilment of your Order, you can return your Order to us under the Returns Policy.
3.5. If your Order is affected by a genuine error (including in a description, an image or a Price), we reserve the right to cancel your Order and refund any money paid to us.
3.6. You acknowledge and agree that:
a. all pictures and images of Goods displayed are for illustrative purposes only;
b. any accessory featured with the Goods is for illustrative purposes only, and may be sold separately; and
c. where we provide dimensions and measurements in the description of a Good, the dimensions may vary slightly in real life, and it is your responsibility to ensure that the actual size of each Good is suitable for your purpose prior to submitting your Order (including whether there is appropriate and safe access to your Delivery Address for delivery of the Good).
- Price and payment
4.1. When you place an Order, we will charge you and you agree to pay the Price, Taxes and applicable Delivery Fee.
4.2. All Prices are in USDollars and, if GST applies, inclusive of GST. Any fees and charges (including Delivery Fees) imposed by these Terms also include GST where applicable.
4.3. Jewelry by Jamie reserves the right to change or alter Prices without notice to you. If you have already submitted an Order at a particular Price, we will supply your Goods at that Price (unless your Order is affected by a pricing error, in which case clause 3.4 will apply).
4.4. Payment methods are specified on the Website or explained at the time you place your Order. They may include vouchers, coupons, credit card via PayPal. Other methods of payment, including cash not be used for Orders placed through the Website. Checks cannot be used as a payment method for any purchases from Jewelry by Jamie, including Orders.
4.5. Any payment for an Order must be cleared by Jewelry by Jamie before Goods are dispatched. If your payment cannot be processed, your Order will be rejected and you will be notified of this on the Website. If a credit card payment cannot be processed you should contact your card issuer to try to resolve the problem, or use an alternative payment method in order to continue with your Order.
4.6. In paying or attempting to pay for Goods, you agree that you have not engaged in any fraudulent conduct or contravened any Law.
4.7. Lay-away is not available for Orders.
5.1. All orders are shipped USPS Standard Flat Rate Economy 1 and typically take 2-9 Business Days for delivery. Items are carefully packed to protect Goods from being damaged during shipping. Jewelry by Jamie reserves the right to use recycled packing materials. Additional charges and fees will apply for special packaging requirements and they are required to be paid in full at the time your Order is placed. Charges will be assessed based on your requested packaging requirements and you will receive a quote for these charges. If you require special packaging please contact firstname.lastname@example.org for a quote before placing your order.
- Restricted Goods
6.1. If you Order Goods that are or contain Restricted Goods, you:
a. warrant that you are aged 18 years or over;
b. acknowledge that it is against the Law to sell or supply the Restricted Goods to, or obtain the Restricted Goods on behalf of, a person under the age of 18 years (where relevant); and
c. you warrant that you are not obtaining the Restricted Goods on behalf of a person under the age of 18 years.
6.2. Where Jewelry by Jamie has reasonable grounds for believing you have not complied with the above clause, Jewelry by Jamie may cancel your Order and refund any money paid to us in respect of your Order. Jewelry by Jamie may, at its discretion, charge you a fee to cover its administrative costs.
- Order cancellations and returns
7.1. Unless provided for under these Terms or as otherwise agreed by Jewelry by Jamie, no cancellations or changes to Orders will be accepted, and the Goods will be delivered to the Delivery Address in an Order. You should carefully check that your Order is accurate before you submit it. You will, however, be able to return Goods under the Returns Policy.
7.2. If we cannot contact you about your Order using the contact details you provided in the Order, after having made reasonable attempts to contact you, we will cancel your Order and refund any money paid.
7.3. Delivery Fees will not be refunded if you return Goods for change of mind or you made an incorrect selection, including if you ordered the incorrect size, colour etc.
7.4. Goods can only be returned in accordance with these Terms and the Returns Policy. The Returns Policy forms a part of these Terms.
7.5. Jewelry by Jamie will process any refunds within a reasonable time of agreeing to do so.
7.6. Refunds will be applied to the original method/s of payment. If there is a combination of payment methods such as Paypal with applied vouchers or coupons, the refund will be applied to methods of payment accordingly.
7.7. If you would like to make a return under the Returns Policy please submit an email to email@example.com or Contact form to make an alternative arrangement.
- Promotions and discounts
8.1. The Goods, Prices, and promotions offered on the Website may not be the same as those offered at Jewelry by Jamie vendor locations. A Jewelry by Jamie vendor location is not required to match a Jewelry by Jamie price where the offer or Price relates to an Online offer or where there is a price error.
8.2. You may receive online offers and promotions, whether mailed to your home, distributed at a Jewelry by Jamie vendor location, with your Order or emailed to you. Some offers may include a promotional or coupon voucher code (Code) for use when placing an Order. It is your responsibility to ensure that the Code is valid, and that you enter the Code at the time of placing an Order. The Code cannot be applied after you have submitted your Order. Separate terms may apply to the use of the Code. Any Code is non-transferable, cannot be posted on a forum or website and may not be used with other offers.
8.3. All references to times in promotions are based on the local time in Birmingham, AL USA unless stated otherwise.
9.2 .We may also collect (even if you do not register to the Website), and our third party providers of advertisements and content may collect, location and other information such as the URL or advertisement you came from or linked to, IP address, browser type, pages you visited from the Website etc.
9.11. Unless otherwise indicated in your account settings or at the time you placed your Order, Jewelry by Jamie may send you marketing information
9.12. If you wish to change or update your online account information (including your email address, password or communication preferences), simply login to your account. Alternatively you may contact firstname.lastname@example.org.
9.13. Jewelry by Jamie reserves the right to conduct and implement fraud detection processes, including without limitation to validating your credit card details.
- Risk & Liability
11.1. Risk and title in the Goods passes to you on the date and time of delivery of the Goods by the Delivery Agent or when collected at a Jewelry by Jamie vendor location.
11.2. You represent and warrant to Jewelry by Jamie that Jewelry by Jamie (Jamie Stephens) will not be liable for any expense or injury (including indirect loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) in contract, tort, under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with these Terms.
11.6. Our liability to you for loss or damage of any kind arising out of these Terms will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
12.1. We may, at our discretion, terminate the agreement for the supply of Goods to you:
a. for convenience, at any time, on giving notice to you; or
b. immediately if Jewelry by Jamie reasonably believes that you have breached these Terms and:
i. that the breach is not capable of remedy; or
ii. if you have been provided with notice of the breach, and you have failed to remedy that breach within 14 days (where the breach is able to be remedied).
13.1. See Jewelry by Jamie Website Terms for further information on trade marks, copyright and other applicable terms.
13.2. We reserve the right at all times to make changes to these Terms. Any variations to these Terms will take effect from posting on the Website. The Terms which apply at the time you place an Order are those that govern that Order.
13.3. Jewelry by Jamie may give notice to you by electronic mail. You may give notice to Jewelry by Jamie by electronic mail to email@example.com.
13.4. Any provision of these Terms that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms or affect the validity or enforceability of that provision in any other jurisdiction.
13.5. A failure or delay by Jewelry by Jamie to exercise a power or right under these Terms does not constitute as a waiver of that power or right, and the exercise of a power or right by Jewelry by Jamie does not preclude its future exercise or the exercise of any power or right.
13.6. The laws of the State of Alabama, USA govern this agreement. Your transaction is deemed to have taken place in Birmingham, Alabama USA.
The following definitions apply to these Terms.
Business Day means a week day in which trading banks are open for the transaction of banking business in Birmingham, Alabama USA.
Delivery Address means the address to which the Goods are to be delivered, as stated on your Order.
Delivery Agent means a third party delivery or shipping company engaged by Jewelry by Jamie to deliver Goods.
Delivery Fee means a fee for the delivery of Goods
Goods means the items offered for sale on the Website, or through a Jewelry by Jamie vendor location
GST has the meaning given in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Jewelry by Jamie Vendor Location Order means an Order placed/ purchased at a Jewelry by Jamie vendor location in Birmingham, AL USA using a tablet or other electronic device. Only valid when paid by the customer at Jewelry by Jamie vendor location.
Law means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency’s rule, regulation or determination, and any form of custom or policy recognized and enforced by judicial decision.
My account means your Jewelry by Jamie online account through which you can facilitate your Order.
Order means a request by you to purchase Goods from Jewelry by Jamie under these Terms (whether through the Website, or at a Jewelry by Jamie vendor location).
Personal Information has the meaning given in the Privacy Act 1988 (Cth).
Price means the purchase price of each Good as specified on the Website or at a Jewelry by Jamie vendor location.
Restricted Goods means Goods subject to restrictions on sale in particular jurisdictions, including Goods which may not be sold to minors (such as knives, alcohol and tobacco).
Returns Policy means the Jewelry by Jamie Returns Policy. Please refer to Return Policy for more information.
Website means the sites available from https://www.jewelrybyjamie.com
Website Terms means the terms governing your use of the Website, in addition to these Terms. View the Website Terms here.
I, Me, We, Us, My, Our and Jewelry by Jamie means Jewelry by Jamie, Jamie Stephens Birmingham, AL USA
You and Your means you as the purchaser of Goods from Jewelry by Jamie pursuant to these Terms.