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LG Jewelers Supply
DBA Perkins Internet Services Network
General Terms of Sale
THE FOLLOWING DESCRIBES THE TERMS ON WHICH LG Jewelers Supply
OFFERS ITEMS FOR PURCHASE OR BID
Effective 11/17/2006
This agreement describes the terms and conditions applicable to the
bid or purchase of any and all items LG Jewelers Supply markets and sells on all
internet sites where LG Jewelers Supply conducts business.
This document is a binding legal contract and is intended to protect
the customer as well as LG Jewelers Supply.
LG Jewelers Supply may amend this buyer’s agreement at any time by posting the
amended terms on our company website located at www.Lgjewelers.com.
All amended terms will automatically be effective one days after they
are initially posted on our company website, unless otherwise stated
within our Buyers Agreement. This agreement may not be amended for any
reason, except in consensual writing signed by both the customer and
LG Jewelers Supply. This agreement is effective for all new bids or purchases.
100% Satisfaction Guarantee, 7 Day Inspection period and 1
Year Limited Warranty .
For goods sold and shipped within the
USA LG Jewelers Supply provides a 7-day inspection period from the date of
shipping in which the customer may notify LG Jewelers Supply of any defects or
shipping damages. We offer a 100% Satisfaction Guarantee. If the
customer is dissatisfied with the product it may be returned if
LG Jewelers Supply is notified within 7 days from date shipped. Exception,
LG Jewelers Supply will not accept any item for return or refund that is a
special order, rings that LG Jewelers Supply sizes for the customer,
or any item that is deliberately damaged to avoid the restocking
charge.
Shipping and handling fees are not refundable. A
restocking fee of $5.00 or 15% which ever is greater will be applied
on all return items unless a defective item cannot be replaced.
In addition to the inspection period LG Jewelers Supply will warranty our jewelry items against
defects in material and workmanship for a period of one year from
date of purchase.
No other warrantee or guarantee is expressed or implied.
Flawless gemstones are extremely rare in nature. Nearly
all natural Gemstones will have some varying degree of flaws ranging
from microscopic to noticeable with the naked eye. Generally a flaw
in a gem stone is not considered a defect unless the ad states the
item is flawless. The buyer shall bear the shipping cost and
liability of goods returned to us. LG Jewelers Supply will not accept any
returns without an RMA number. To obtain a return authorization
number, contact us by the methods described under the contact
section of this agreement. All returned goods must have the RMA
number clearly visible on the outside of the package. The package
must be shipped to us within 5 days of the RMA being issued. The
customer must include a note inside the package with the RMA#, the
contact information and description of request. A package that
arrives without an RMA # or that is returned to a location other
than the address listed below can be refused. If you breach this
agreement or the terms of sale you will forfeit your right to
return any item. All packages must be returned to the LG Jewelers Supply home
office regardless of their shipping origin. All sales and shipments
out side of the USA are final and can not be returned for a refund.
We reserve the right to refuse returned merchandise form anyone who
abuses this policy with excessive returned goods.
Return Address:
LG Jewelers Supply
2700 Willis Rd.
Columbia, MO 65202
Contact and Communications.
Email is an easy and convenient means in which to contact
LG Jewelers Supply. However, it is not a reliable means of communications and it
should never be assumed that any email the customer sends to LG Jewelers Supply
has reached its intended destination, unless he/she receives a clear
response regarding each individual email that he/she has sent to
LG Jewelers Supply. Many emails that LG Jewelers Supply sends or responds to are often
rejected by the host system for various reasons. Therefore, it is
imperative that the customer contact LG Jewelers Supply by way of
telephone for all concerns or inquiries that require immediate
attention. Our company attempts to answer all email that we receive
with in 2 business days. LG Jewelers Supply normally does not answer email on
weekends, holidays or after normal business hours. If the customer
does not get a response from LG Jewelers Supply within 2 business days of
his/her initial contact attempt then he/she should assume that the
email has failed. If a customer’s inquiry is of a nature that needs
immediate attention, or the email has failed, he/she should promptly
contact us by phone, U.S. Mail, or other mail carrier. For any
form of time sensitive request, such as but not limited to, return
authorization or refunds, we will extend the time period by two days
when email fails where the customer must contact us by phone or use
U.S. mail. If you use U.S. Mail, or other carrier, the postmarked
date will be considered the contact date.
Phone(573)234-4550. Monday - Friday from
8:00AM to 4:30PM Central Time
Mailing Address:
LG Jewelers Supply
2700 Willis Rd
Columbia, MO 65202
Bidding and Buying.
Customers are obligated to complete the transaction with LG Jewelers Supply if
he/she purchases an item through one of LG Jewelers Supply’s fixed price
formats or if they are the highest bidder, as described below. If
you the highest bidder at the end of an auction (meeting the
applicable minimum bid or reserve requirements) and the bid is
accepted by LG Jewelers Supply, you are obligated to complete the transaction
with us. By bidding on an item you consent to be bound by this
agreement and the conditions of sale included in the item's
description so long as those conditions of sale are not in violation
of the auction company's rules or unlawful. Bids are not retractable
excluding exceptional circumstances including, but not limited to, a
material change in the products description after you bid, or a
clear typographical error is made.
Payment.
The customer agrees to pay LG Jewelers Supply in full for sold items and the
applicable shipping and handling fees within seven days of the
closing of an auction or sale date. Accounts that are more than
seven days past due may be considered a breach of this agreement.
It is the buyer’s responsibility to get his/her payment to LG Jewelers Supply
correctly. LG Jewelers Supply will send an email when the customer’s payment
is posted. The customer should not assume that his/her payment has
reached us until he/she receives valid conformation. If a customer
does not receive a conformation by email in the expected time,
please contact us. If paying by electronic means such as Paypal or
credit card, we will only be able to ship to the verified billing
address on file with that company. Also if paying by credit card
you may be required to provide a copy of your photo ID and
credit card. Payments by check are held 15 days to clear our bank
before shipping.
Over payment.
Sending the proper payment is the buyer’s responsibility. In the
event the buyer over pays through no fault of LG Jewelers Supply , we will
first attempt to apply the over payment to any unpaid balances that
may be due. If no other balances are due we will refund the over
payment as follows; If payment was made by electronic means such as
credit card, we will credit the amount of the over payment less any
fees that LG Jewelers Supply is charged by the processor and an additional
$2.00 handling fee. If the over payment was made by check or money
order, we will issue a check for the full amount of the over payment
less a $2.00 handling fee.
Pictures appearance, perception, and glare.
LG Jewelers Supply attempts to display pictures that represent the most typical
specimen of our merchandise. Many natural gemstones are unique with
patterns and shade and may vary considerably, although they will be
of the same grade and value. Our pictures are taken from different
angles and distances in order to show the optimal view and are not
to scale. Due to the many different sizes of monitors and their
possible display resolutions, it is not possible to accurately
determine the size of any object in any picture. LG Jewelers Supply specifies
the sizes, weights, and dimensions for most of our products.
Customers should rely on the written text in the description to
judge the correct size of any product. It is also difficult to
display the exact color of an item due to variations in computer
monitors. The standard weight measurement for gemstones is in Carats
(cts) and the standard dimension measurements are in Millimeters
(mm). It is recommended that the customer becomes familiar with
these standard jewelry measurement units to accurately determine the
specifications of the merchandise LG Jewelers Supply offers.
Liability Limit.
LG Jewelers Supply is not responsible for the use or misuse of any of our
products. Our maximum liability will not be greater than the actual
amount paid for the item, plus the normal shipping and handling
fees.
Errors and omissions.
In the event of a material error or omission in the description
of any item the buyer may cancel the transaction and is entitled to
a 100% refund of the amount paid for the item plus any shipping and
handling paid to LG Jewelers Supply . The buyer will also be entitled to free
priority shipping on their next purchase. If an error occurs in the
starting bid price of any auction item, we may cancel the auction
before or after the auction closes with out remedy to the buyer
other than a complete refund of any money paid. The buyer is not
entitled to any other remedy other than described here.
No longer available or out of stock items.
In the rare event that any item is temporarily out of stock we
may delay shipment of up to ten business days. If an item is
unavailable for more than ten business days, or becomes lost,
damaged, or any reason that prevents us from delivering the item,
the buyer upon request is entitled to a 100% refund of all money
paid for the item and shipping. The buyer is not
entitled to any other remedy other than described here.
Payments by Credit Card.
LG Jewelers Supply will accept credit cards for payment as cash. In order to
reduce credit card fraud, we reserve the right to require
identification of card holder. In some cases we may require a
copy of your credit card and Drivers license. We will require
copies if your shipping address is other than your verified billing
address. We reserve the right to decline any credit card that
doesn't meet our internal policies.
The buyer agrees not to process
any charge backs for any charge that the buyer had authorized. LG,
Jewelers Suppy will credit your credit card for any items returned for refund
or any items lost in shipping that comply with the terms of this
agreement. If this provision is breached and a charge back is
processed in violation of this agreement, LG Jewelers Supply may charge your
card for the amount of the charge back, all bank fees, and charge
back fees. Buyer agrees to waive the tracking number and proof of
delivery required by credit card companies unless buyers selects and
pays for UPS, Federal Express or Express Mail shipping in the USA.
No proof of delivery or tracking is available out side of the USA.
Our maximum liability for lost goods out side of the USA will not be
greater than the maximum insurable amount allowed by the carrier, to
some countries that limit may be as low as $40.00 US. Payments by
this method must select either Express Mail or the appropriate
Federal Express method.
Electronic Payment
We will accept these forms of payment as cash. We reserve the right
to decline any electronic payment that doesn't meet our internal
policies. Most electronic payment companies restrict us to ship
only to the verified address on file with that company. In these
cases we may refuse to ship to any other address. The buyer agrees
not to process any charge backs for any payment that the buyer had
authorized. LG Jewelers Supply will credit the account from which the payment
was sent for any items returned for refund or any items lost in
shipping that comply with the terms of this agreement. Buyer agrees
to waive the tracking number and proof of delivery required by
applicable companies unless buyers selects and pays for UPS, Federal
Express or Express Mail shipping in the USA. No proof of delivery
or tracking is available out side of the USA. Our maximum liability
for lost goods out side of the USA will not be greater than the
maximum insurable amount allowed by the carrier, to some countries
that limit may be as low as $40.00 US. Payments by this method must
select a Either Express Mail or the appropriate Federal Express
method.
Foreign Checks and Money Orders.
We do not accept checks and money orders that are not drawn on a US
bank in US dollars. Exception for Canadian Postal money orders
that are in US dollars. If we receive a foreign check or money
order, we may at our discretion notify the sender and request a new
form of payment or we may deposit the item in our bank and add a
$15.00 processing fee to your account which must be paid before the
item is shipped.
Breach.
Without limiting other remedies, we may immediately issue a warning;
we may terminate your transaction and refuse to provide any services
to you; you may forfeit any and all rights for an exchange or refund
for any reason including items lost in the mail and any undelivered
goods: (a) if you breach this Agreement or the documents it
incorporates by reference; (b) if you fail to pay in full within 7
days of the close of the auction or purchase date for all items; or
(c) if you damage LG Jewelers Supply by leaving harmful or negative comments
that are false or unsubstantiated in any public forum of any
Internet auction or on-line store; or (d) You fail to contact us by
the methods described in the "Contact and Communications" section of
this document and give us an opportunity to correct the problem
before leaving harmful or negative comments that are in any public
forum of any Internet auction or on line store.
Litigation.
Any legal controversy or legal clam arising out of or relating to
this Agreement, our services or products shall be resolved in the
jurisdiction of LG Jewelers Supply's home office in Boone County, Missuori. By
making a purchase with LG Jewelers Supply, buyer agrees to submit to the
jurisdiction of Boone County, Missuori, and specifically waives any
defense of lack of personal jurisdiction. LG Jewelers Supply further sets the
sum of $1,500.00 as liquidated damages for breach of this agreement
as set out in paragraphs 7, 8 and 15, above, a reasonable attorney's
fee, and the sum of $500.00 as liquidated damages for breach of this
agreement regarding charge backs as set out in paragraphs 12 and 13
above. In the event the court rules against LG Jewelers Supply, we will pay the
judgment within 30 days unless an appeal is filed. In the event the
court rules in favor of LG Jewelers Supply, we may charge the judgment to the
customer's credit card on file unless appeal is filed and appeal
bond posted. Access to LG Jewelers Supply through the Internet shall not be
construed as LG Jewelers Supply’s purposeful availment of the privileges or
benefits of doing business in any state or legal jurisdiction other
than the State of Missouri. This Agreement shall be governed by and
construed in accordance with the laws of the State of Missouri,
without regard to it’s conflicts or choice of laws principles. In
any legal action arising out of or relating to this Agreement, our
services or products, the Boone County Court, State of Missouri,
shall have sole and exclusive jurisdiction and venue, over such
action, or if that court lacks subject matter jurisdiction, the
United States District Court for the Middle District of Missouri,
shall have sole and exclusive jurisdiction and venue over such
action.
General.
This Agreement shall be governed in all respects by the laws of the
State of Missouri as such laws are applied to agreements entered into
and to be performed entirely within Missouri between Missouri
residents. We do not guarantee continuous, uninterrupted, or secure
access to our services, and operation of our site may be interfered
with by numerous factors outside of our control. If any provision of
this Agreement is held to be invalid or not enforceable, such
provision shall be struck and the remaining provisions shall be
enforced. You agree that this Agreement and all incorporated
agreements may be automatically assigned by LG Jewelers Supply, in our sole
discretion, to a third party in the event of a merger or
acquisition. Headings are for reference purposes only and in no way
define, limit, construe, or describe the scope, or extent of such
section. Our failure to act with respect to a breach by you or
others does not waive our right to act with respect to subsequent or
similar breaches by others.
Reserve The right To Restrict Access or cancel auction.
We reserve the right to restrict access to any of our Internet sites
and auctions. We have the right to block or other wise refuse
service to any one that has breached this agreement. If we send
notice in any form or we add any name to a blocked bidder list on
any site, the Buyer is considered banned from any further
transaction with LG Jewelers Supply regardless of any alias used. We reserve
the right to cancel any and all bids and cancel any auction before
it closes for any reason.
Diamond Color, Gemstone Weights and Dimensions, Gold and Silver
weights, and Ring Sizes may be approximate
and have a tolerance range with which may vary. Please see the
link below; Weight and Size
Tolerance Table
Gemstones may be treated. All Pearls are Cultured or
Fresh Water unless otherwise stated. Please see link below; Gemstone
Treatments and Pearls
Shipping and Shipping Rates.
Auction items can be combined for up to five days for the rates in
our shipping table when registering on our web site. In addition you
may combine auction items and items from our on line store at the
same time for additional savings. It is the responsibility of the
buyer to combine the items and calculate the shipping. We do not
combine items automatically. However, after each auction closes,
we will send you a notice with a custom link to register your item
at our web site. By following the instruction that will be
provided, you will be able to combine multiple auctions on our web
site and it will calculate the shipping discount correctly. We will
prepare a buyer's statement by request only. The buyer's statement
will list and group all of your items that are due with the shipping
rates listed below. Unless you use our web site to register your
items and calculate your shipping you may be responsible for the
full amount of shipping for each auction item. We can not ship UPS
to any US Post box. If you do select UPS with a US Post Box
address, your item will be shipped by the equivalent USPO means. For
all foreign shipments the buyer is responsible for any and all taxes
and tariffs and they are usually collected COD by the carrier. If
you require tracking or proof of delivery then you must select UPS
or Express Mail for you carrier. If you choose 1st class mail or
Priority mail you will waive tracking and proof of delivery. All
shipment over $100.00 or any item paid by electronic means must be
shipped by UPS or Express Mail. See the shipping rate table for
complete details. Click here for
Lost Shipment Policy. LG Jewelers Supply
will insure all shipment. Shipment
within the USA are insured 100%. Shipment out side the USA may not
be insured for the full amount, they will only be insured to the
maximum amount allowed by the carrier. In some case it is as low as
$40.00. To claim a lost shipment for US Mail inside the USA you
must notify us no sooner then 20 days and no latter then 40 days
past the shipping date. For lost mail out side the USA you must
notify us no sooner then 45 days and no later then 90 days past the
shipping date. Some foreign countries may hold packages up to 6
weeks to clear customs. For packages shipped US Express Mail or by
Federal Express, you must notify us of lost no sooner then 3 days
and no later then 10 days past the shipping date. In addition to
notifying us you must complete a "U.S. Postal Lost Mail Claim Form"
(PS1000) which can be obtained at any U.S. Post Office We will replace the
items loss upon receipt of the properly completed PS1000. For any item
that can not be replaced a 100% refund will be issued.
Refund Policy.
All returned items must be in original condition with all of the
original packing materials. All certified items must be
returned with the original Certification card. The normal
processing time for refunds is 7 days. At certain busy times it can be as long
as 6 weeks or more. Please be patient as we process your refund.
If this processing time presents a hardship for you, please contact
us and we will attempt to expedite your refund.