Terms of Service
Welcome to www.thejewelingiving.com. These terms and conditions (“Conditions”) apply to all purchases of jewelry from The Jewel in Giving LLC (“Jewel in Giving”) through the website www.thejewelingiving.com (the “Website”) and other sites that expressly incorporate these Conditions. “We,” “us,” or “our” refers to Jewel in Giving, and “you” or “your” refers to anyone accessing viewing, browsing, purchasing or using this Website. By visiting and/or using the Website in any way, such as browsing products or placing an order, you agree to these Conditions. Please read these Conditions carefully. If you do not wish to be bound by these Conditions, do not access or use the Website.
1. Change of Conditions We may, at our sole discretion, revise or add terms to these Conditions from time to time without notice to you. Such revisions and additions shall be deemed effective immediately upon notice, which Jewel in Giving may give by any means, including without limitation, by posting the revised Conditions on our Website. When a revision is made, we will revise the “last revised” date on this page. Any change or modification will be effective immediately upon posting of the revisions to the Website. Each time you access the Website, you are responsible for reviewing the Website for any modifications to these Conditions that may affect your rights or obligations. Any access or use by you of the Website after changes to the Conditions will constitute your acceptance of the revised terms. If you do not agree to the amended Conditions, you must stop using the Website.
2. Use of the Website You are granted a personal, limited, non-exclusive, non-sublicensable license to access and make use of the Website and its contents, and to electronically copy (except where prohibited without a license) and print to hard copy portions of the Website information, for your informational, non-commercial and personal use only (the “License”). Such License is subject to these Conditions. The License does not include any (a) use of the Website or the Website materials contained therein for any resale or commercial purposes; (b) collection or use of any product listings, pictures, prices or descriptions for commercial purposes; (c) distribution or public display of any Website content; (d) modification or derivative use of the Website and its content; (e) use of any automated means to access, monitor or interact with any portion of the Website, including through data mining, robots, spiders, scraping, or similar data gathering or extraction methods; (f) downloading, copying or use of any portion of the Website or its content, except as expressly permitted by Jewel in Giving, for the benefit of any third party; (g) cause to appear any pop-up, exit windows, expanding buttons, banners, advertisement, or anything else which minimizes, covers or frames or inhibits the full display of the Website; (h) use of the Website in any way which interferes with the normal operation of Jewel in Giving’s operations; or (i) use of the Website or Website materials contained therein other than for its intended purpose. All rights not expressly granted to you in these Conditions are reserved and retained by Jewel in Giving or its licensors, suppliers, publishers, rights holders, or other content providers. Any use of the Website or the Website materials other than as specifically authorized herein, without the prior written permission of Jewel in Giving, is strictly prohibited and will terminate the License. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Conditions shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. The License is revocable at any time.
3. Your account When you access or use our Website or your personalized Jewel in Giving account, you are solely responsible for maintaining the confidentiality of your account and for restricting access to your computer. You are further responsible for all activities that occur under your personal account and your password.
4. Information provided by Jewel in Giving We are committed to providing current, complete and accurate information on our Website, email, text, chat, and telephone communications. We do not warrant that this information is always correct and any information that we communicate is not a binding contract, and should not be treated as such. In rare circumstances, data, including prices, may be inaccurately displayed on the Website due to system and typographical errors which may occur. Inadvertent errors or inaccurate advertised prices are not binding on Jewel in Giving, and may be adjusted by us at any time. We reserve the right to correct any and all errors when they do occur. If an order is placed with a lower product’s listed price than the actual price, Jewel in Giving will, at its discretion, either advise you before shipping the product or cancel the order and notify you of such cancellation. We apologize for any inconvenience that this may cause. The sole remedy of a customer acting on incorrect information is to request a cancellation of the order placed as a result of this incorrect information. If an order has been shipped, you agree to either return the product for full credit or pay the difference between the actual and charged prices. Jewel in Giving’s product details and prices are also subject to change without notice.
5. Product Descriptions
5.1. In order to give you the opportunity to view our products in great detail, some products may appear larger or smaller than their actual size in our photographs and their color may vary slightly due to the differences in computer monitors. As it is difficult to know the exact total carat weight of some stones, carat weight of any product may vary by 0.05 from the stated weight which is consistent with industry standards and FTC regulations. For gemstone and pearl measurements, the measurement may vary by 0.25 mm.
5.2. We provide the measurement of our products based on our manufacturing specifications. Slight tolerances may be accounted for based on finishing during the manufacturing. Width tolerance on machine made wedding bands of 0.20 mm is allowed. Cast manufactured rings can vary slightly more.
5.3. For diamond jewelry set with multiple diamonds, we provide the minimum total carat weight for the piece. Color and clarity grades are expressed as either a minimum or an average depending on the number of diamonds. If stated as a minimum, all diamonds within the piece are at or above the stated quality. If expressed as an average, collectively the quality is equal to or exceeds the grade stated.
5.4. Jewel in Giving retains the full unrestricted rights to all jewelry designs, whether custom or standard, and may choose to market or sell jewelry based on such designs.
5.5. All representations including representations regarding gemstone origin, recycled content of precious metals, and estate information, are provided to the best of our knowledge and without guarantee or warranty of any kind.
6. Product Availability We do our best to be accurate about the availability of our products on our Website; however, sometimes an item may go out of stock and may no longer be available for purchase before we are able to make an indication on our Website. The stock availability on our Website is listed "as is" and is subject to change. If a product in an order is out of stock, we will advise you with possible options. We reserve the right to discontinue the sale of any product listed on the Website without notice.
7. Product Pricing and Comparison Pricing
7.1 All of our prices are final and non-negotiable.
7.2 We do not allow multiple pieces to be purchased for comparison, which is the act of buying several items with the intent of keeping the item that you like best and returning the remaining items that were purchased. This causes undue restocking and inventory overhead and can be costly.
8. Product Purchasing
8.1 After processing your order, we will email an order acknowledgement to you to confirm acceptance thereof. If for any reason we cannot process your order, we will notify you that your order has not been accepted and refund you as set forth in the Product Cancellations and Returns section below.
8.2 Special codes and coupons cannot be combined with other special codes and coupons.
8.3 All payments must be made with a credit card in US dollars. Even though you might be able to see the item or your bill in your local currency, the final payment must be made in US dollars. All refunds will also be issued in US dollars.
8.4 The purchase of a ring allows for one free ring sizing. You must contact Jewel in Giving by e-mail at: [email protected] or by phone 1-800-778-5380 to request a shipping label.
9. Product Cancellations and Returns
9.1 There is a 2 hour cancellation policy which is applied when the order is placed. Due to the fact that some of our items may be personalized or crafted, they cannot be cancelled after 24 hours.
9.2 Except as otherwise stated, we offer complimentary 20 day returns, so that you can make sure your purchase is just right. If for any reason you are not satisfied with your purchase, simply return it within 20 days from the merchandise delivery date for an exchange or full refund. Please note that returned items must be in their original, unworn condition and returned in their original packaging accompanied by all original documentation. Jewel In Giving offers one complimentary return per purchase.
9.3 Jewel in Giving is proud to offer free return shipping to our United States customers on all items purchased on the Website. Please call us at 1-800-778-5380 to obtain a return shipping authorization code and request your free FedEx return shipping label. Write the return authorization code on the original invoice that we have sent you and include it with your returned merchandise. Returns will not be accepted without this number. The only acceptable return shipping method if is to ship via FedEx to the following address: The Jewel In Giving, 1101 Clint Moore Road Boca Raton, FL 33487. In such case, our return label is not used, for your protection, your shipped item must be fully insured, and you must request a return receipt for confirmation that your shipment has reached Jewel in Giving. We are not responsible for items lost or damaged while shipping.
9.4 Packages without a return shipping authorization number or packages that were not accepted by us are ineligible for refund and are subject to a minimum restocking charge of $50. Return shipping authorizations are active for seven (7) days from the date of issue and packages must be shipped during the active time period of your return shipping authorization. If your return shipping authorization has expired, please contact us at 1-800-778-5380 to request another return shipping authorization. Improperly packaged or uninsured items will be not be accepted.
9.5 After we receive the returned order, our Quality Assurance department will inspect and verify the condition of the item. Returns take approximately seven (7) business days to process upon receipt of the item. Refunds will be issued via the method of payment used in the original purchase. Please allow one monthly billing cycle in order for your credit to appear.
10. Product Shipment and Delivery
10.1 We work hard to fulfill all orders, however, we do not guaranty quoted delivery or processing time of any product displayed on the Website. When purchasing multiple items, we will do our best to ship them together in one package. You agree that you will be charged on the date of inventory reservation for the order and not on the date of shipping.
10.2 For your protection, we insure and register all items for their full value. We require that all deliveries must be made to a physical business or home address only - we will not ship to a PO Box address. We also require an individual over the age of 18 to sign for the delivery of all orders.
11. Diamond Origin - Need Jewel in Giving’s Policy
11.1 Jewel in Giving and any affiliated companies provide natural diamond origin information – whether on this Website, in marketing materials, in materials provided to any purchaser, or anywhere else – without any warranty of any kind, either express or implied. All implied representations, warranties and conditions relating to diamond origin are hereby disclaimed where applicable. Natural diamond origin information is provided based upon information provided by the supplier, as well as demonstrated supplier adherence to the Jewel in Giving chain of custody protocol. While reasonable commercial efforts are made to ensure the accuracy of origin information provided, there can be no guarantee or warranty of the diamond origin information. The above limitation of liability extends to any persons who viewed Jewel in Giving natural diamonds listed with origin, any persons who purchased Jewel in Giving natural diamonds listed with origin, and to any other persons who may thereafter acquire Jewel in Giving natural diamonds that had been listed with origin.
11.2 All representations including representations regarding gemstone origin, recycled content of precious metals, and estate information, are provided to the best of Jewel in Giving’s knowledge and without guarantee or warranty of any kind.
12. Donations to Charitable Organizations
12.1 We have a registration process which allows eligible charitable organizations to participate in our donation program and receive 12.5% of the gross sales price of all products sold on our Website except where otherwise indicated. At the time you make your purchase, you will select from a list of registered eligible charitable organizations to receive the donation. You may change the designated charity with each future purchase or by establishing an account with Jewel in Giving and following the prompts to Change My Charity.
12.2 To become registered, the charitable organization must be a public charitable organization qualified under Section 501(c)(3) and must meet certain eligibility requirements to ensure that it is not engaged in, and does not support, encourage, or promote any practices which are discriminatory or intolerant, involve hate, terrorism, violence, or constitute illegal, deceptive, or misleading activities. These eligibility determinations are made to the best of Jewel in Giving’s abilities and in our sole discretion. The registration of an eligible charitable organization and any link to its website on the Jewel in Giving Website does not constitute an endorsement, sponsorship, or approval by Jewel in Giving of the charitable organization or its policies or practices. We do not monitor or have any control over the registered charitable organizations. We do not represent or guarantee the accuracy of any information contained on the charitable organization’s linked website, and undertakes no responsibility to update or review the content of their websites. Users use these links and the content of the charitable organization website at their own risk.
12.3 Once an order is placed, the donation amount and the designated charitable organization will be confirmed on your order acknowledgement. The donations will be distributed to the designated charitable organizations on a quarterly basis.
12.4 The designation of a charitable organization to receive a portion of the sales proceeds from Jewel in Giving does not entitle you to a charitable tax deduction. All charitable donations are made by Jewel in Giving and/or Jewel in Giving Foundation.
13. Usage by Minors By using this site you agree that you are over the age of 18, or have the permission and involvement of your parents or guardians in accessing this site and purchasing products. By registering with this Website, purchasing products from us, or providing us with any information, you represent that you are legally permitted to enter into a binding contract (18 years old or older in most jurisdictions) or, if you are under the legal age of consent, you have express permission from your parents or guardian that any information you provide to us is accurate, and not deceptive or misleading.
15. Electronic Communications When you use our Website, or send emails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this Website, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
16. Feedback, Submissions and Product Reviews.
16.1 Our Website and other Jewel in Giving social media accounts include or may include a feature or section whereby you may submit feedback, leave a message, upload photographs, provide a product review, participate in discussion forums, or otherwise create, post, or store any content or materials about Jewel in Giving, the Jewel in Giving Foundation, the Website or our products (“Interactive Areas”). You acknowledge and agree that anything that you submit, post, transmit, upload, share and/or otherwise provide to Jewel in Giving in these Interactive Areas, including but not limited to questions, opinions, reviews, comments, ideas, photographs, suggestions, plans, original or creative materials or other information regarding the Website, Jewel in Giving, or our products and services (“User Content”), are not confidential and will automatically become the sole property of Jewel in Giving. Jewel in Giving will own exclusive rights, and will have worldwide, royalty-free, perpetual, irrevocable, sublicensable and transferable rights in the User Content, including but not limited to the right to use, reproduce, copy, display, publish, distribute, perform, sell, create derivative works from, lease, adapt, modify, and translate, such User Content without your acknowledgment or compensation to you. In addition you grant Jewel in Giving and its affiliates the right to use the name that you submit in connection with the User Content. You represent and warrant that the User Content is owned and controlled by you and you have the lawful right to distribute and reproduce such User Content.
16.2 By using any Interactive Areas, you agree not to post, upload, transmit, distribute, store, create or otherwise publish User Content that:
A. is illegal, inaccurate, misleading, unlawful, libelous, defamatory,
obscene, pornographic, indecent, lewd, suggestive, harassing, threatening,
invasive of privacy or publicity rights, abusive, inflammatory, fraudulent
or otherwise objectionable;
B. uses a false email address or impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity or is
misleading as to the origin of the User Content;
C. constitutes, encourages or provides instructions for a criminal
offense, violates the rights of any party, or that otherwise creates liability
or violates any local, state, national or international law;
D. contains corrupted data, viruses, or other harmful, distortive,
disruptive or destructive files;
E. infringes any patent, trademark, trade secret, copyright or other intellectual
or proprietary right of any party;
F. contains political campaigning, unsolicited promotions, advertising or
G. contains private information of any third party, including, without
limitation, addresses, phone numbers, email addresses, Social Security
numbers and credit card numbers; or
H. disparages or denigrates any other registered charitable organization.
16.3 Any use of the Interactive Areas in violation of the foregoing violates these Conditions and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or our Website.
16.4 We have the right and absolute discretion to, but shall not be obligated to, edit, screen or remove any User Content for any reason without notice, including User Content which is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or our Website, or which may expose Jewel in Giving or its users to any harm or liability of any type. We take no responsibility and assume no liability for any content posted, stored or uploaded by you, by another user, or by any third party, or any loss or damage caused by it, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehood, pornography, obscenity, or profanity you may encounter. We are also not responsible for any content, statement, or representation provided by our users in the Interactive Areas. You are solely responsible for your use of such Interactive Areas and use them at your own risk.
17. Risk of Loss All purchases of goods from Jewel in Giving are made pursuant to a shipment contract. This means that the risk of loss and title for such goods pass from us to you upon delivery of the goods to the carrier or your other designee.
18. Cancellation of Sale and Termination of Account. Notwithstanding any of these Conditions, Jewel in Giving reserves the right to cancel the sale of goods or services to any customer for any reason at any time. Your sole remedy in such cases will be the full refund of any funds that Jewel in Giving has collected in reference to the canceled goods and/or services. We also reserve the right to not process any orders that might seem fraudulent or pose a risk to Jewel in Giving. We do not tolerate fraud. We also reserve the right, without notice and in our sole discretion, to terminate your license to use this Website, and to block or prevent future your access to and use of the Website.
19. Copyright. All or some of the content on our Website, including without limitation, text, icons, graphics, logos, button icons, images, designs, pictures, selection, coordination, “look and feel” information, data, sound files, digital downloads, data compilations and other files and software is the proprietary property of Jewel in Giving or its affiliates or licensors and is protected by United States and international copyright laws. The compilation of all content included in or made available through the Website is the exclusive property of Jewel in Giving and protected by U.S. and international copyright laws.
20. Trademarks Jewel in Giving, the Jewel in Giving logos, and any other product or service name or slogan contained in our Website are trademarks of Jewel in Giving and/or our licensors, and may not be copied, imitated or used, in whole or in part or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Jewel in Giving, without the prior written permission of Jewel in Giving or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing “The Jewel in Giving" or any other name, trademark or product or service name of Jewel in Giving without our prior written permission. All other trademarks, registered trademarks, product names and Jewel in Giving names or logos mentioned in our Website are the property of their respective owners.
21. Repeat Infringers Policy In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Jewel in Giving has the sole discretion to terminate and bar specific website users or Jewel in Giving account holders who under appropriate circumstances are determined to be repeat infringers. We further reserve the right to limit access to our Website and/or to terminate the account of any users whom we reasonably suspect to have infringed on any intellectual property rights of others, whether or not there is any repeat infringement.
22.1 THE WEBSITE, THE PRODUCTS OFFERED FOR SALE AND THE TRANSACTIONS CONDUCTED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” BASIS AND ON AN “AS AVAILABLE” BASIS. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE PRODUCTS. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES WITH RESPECT TO THE PRODUCTS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY FITNESS, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND QUIET ENJOYMENT AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING, PERFORMANCE OR TRADE USAGE.
22.2 We may discontinue any Products, or may change the nature, features, functions, scope, or operation of any Product, at any time and from time to time. We do not warrant that the Products will continue to be provided, will function as described, consistently or in any particular manner, or will be uninterrupted, accurate, error free, or free of harmful components. We will not be responsible for any errors, inaccuracies, or service interruptions, including power outages or system failures. No advice or information obtained by you from us or from any other person or entity or through the program, content, or our Website will create any warranty not expressly stated in these Conditions. Further, we will not be responsible for any compensation, reimbursement, or damages arising in connection with (a) any loss of prospective profits or revenue, anticipated sales, goodwill, or other benefits, (b) any investments, expenditures, or commitments by you in connection with the use of our Website, or (c) any termination or suspension of our Website.
22.3 Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. It is your responsibility to check local laws for any restrictions or limitations regarding the exclusions of implied warranties.
22.4 Jewel in Giving does not warrant or represent that our Website, our electronic communications or our servers are free from viruses or other harmful components.
23. Disputes and Applicable Law
23.1 ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE TERMS, YOUR USE OF OUR WEBSITE (INCLUDING BUT NOT LIMITED TO YOUR CHARITABLE ORGANIZATION DESIGNATION) OR TO ANY PRODUCTS SOLD OR DISTRIBUTED BY JEWEL IN GIVING WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law and the laws of the state of Florida, without regard to principles of conflict of laws, will govern these Conditions and any dispute of any sort that might arise between you and us. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.
23.2 WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than in arbitration, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property or proprietary rights. In such case, the parties submit and consent to the exclusive jurisdiction of the state and federal courts, as applicable, located in the County of Palm Beach, State of Florida or the United States District Court for the Southern District of Florida, West Palm Beach Division. You further acknowledge and agree that our rights in the content are of a special, unique and extraordinary character, giving them a peculiar value, the loss of which cannot be readily estimated or adequately compensated for in monetary damages..
23.3 This arbitration provision shall survive the termination of these Conditions as well as any other contractual agreement that you have with us.
24. Limitation of Liability
24.1 IN NO EVENT SHALL JEWEL IN GIVING, OUR MEMBERS, MANAGERS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING OUR PRODUCTS BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING ANY LOSS OF REVENUE, PROFITS, GOODWILL, USE OR DATA WHETHER IN CONTRACT, TORT OR OTHERWISE INCLUDING NEGLIGENCE) THAT ARISE OR RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR THE PURCHASE OR PERFORMANCE OF PRODUCTS FROM THE WEBSITE OR THAT RESULTS FROM THE RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM US, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR EVEN IF THE LOSS DAMAGE OR EXPENSE WAS CAUSED BY JEWEL IN GIVING, OUR MEMBERS, MANAGERS, EMPLOYEES, AFFILIATES OR AGENTS.
24.2 NOTWITHSTANDING ANY PROVISION TO THE CONTRARY CONTAINED IN THESE CONDITIONS, THE AGGREGATE LIABILITY FOR JEWEL IN GIVING WILL NOT EXCEED THE PRICE YOU PAID FOR THE PRODUCT THAT IS THE BASIS FOR YOUR CLAIM.
25. Indemnification By using this Website, you agree to indemnify, defend, and hold harmless Jewel in Giving and the Jewel in Giving Foundation, and our independent contractors, service providers, members, managers, shareholders, employees, agents, licensors and suppliers from and against any claims and damages, including but not limited to expenses, loss of use, loss of profits, costs, and reasonable attorneys' fees, resulting from any breach or violation of these Conditions, mistakes, omissions, interruptions, deletion of files or emails, errors, defects, viruses, failure of performance, theft, or any activity related to your account, and/or wrongful conduct or any negligence performed by you or any other person accessing our Website using your account.
26. Severability If any provision in these Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Conditions and shall not affect the validity and enforceability of any remaining provisions.
Last Revised: July 16, 2019