Pre-order and Custom-order Terms and Conditions

LLJ TERMS & CONDITIONS

The Purchase Order together with the following Terms and Conditions set forth the entire Agreement (“Agreement”) between Lindsey Leigh Jewelry (“LLJ”)  and the customer (“Customer”) for the sale of jewelry or accessories as set forth in the Purchase Order (the “Products,” each sale an “Order”).

1. Payment Terms; Taxes and Other Charges.

All Orders are effective as of the date identified in the Purchase Order (“Effective Date”). All Custom Orders are final. Customer must pay the Total Amount listed on the Purchase Order in full at delivery. LLJ may require different payment terms at anytime in its discretion and reserves the right to revoke any credit previously extended. Until the Total Amount is paid in full, LLJ will retain a security interest in the Products (and any proceeds thereof) and the right to immediate possession thereof without prejudice to any other available remedies. Customer agrees to take all acts requested by LLJ to transfer, create, perfect, preserve and/or enforce this security interest. Customer is responsible for payment of all sales, use, excise, or other taxes imposed by any state, local, foreign, federal, or other governmental authority, shipping, transportation, and handling costs, and duties. In the event Customer seeks to, or does, obtain financing from a third-party to pay for the Products, Customer acknowledges that LLJ representatives are not authorized to waive or alter the terms of any financing agreements between Customer and any third-party.

2. Shipping and Risk of Loss.

Shipping and delivery dates are estimates. Partial deliveries are permitted. Customer assumes the risk of loss for the product upon shipment from LLJ’s shipping point. Customer further acknowledges that delivery will require a signature and accepts any delays due to shipper's inability to secure signature at delivery. Customer agrees to provide a delivery address accessible to signature at delivery. We do not ship to PO Boxes. The customer is responsible for any and all shipping charges on any undeliverable packages. LLJ may select methods and routes of shipment but does not assume any liability in connection with shipment and no carrier is LLJ’s agent. All shipments are insured at the Customer’s expense, made at the Customer’s risk. Customer is responsible for making all claims with carriers, insurers, warehousemen, and others for misdelivery, nondelivery, loss, damage, or delay. LLJ will not be liable for any loss or damage resulting from any delay in delivery or failure to deliver due to any cause. 

3. Default in Payment

If Customer fails to make timely payment of the Total Amount reflected on the Purchase Order or any invoiced amount under the Agreement, LLJ, in addition to any other remedies available, may at its option, (a) defer further shipment or delivery until payment is made; (b) terminate any or all LLJ obligations; (c) require the Customer to immediately return, at the Customer’s expense, unpaid Products; (d) repossess the Product through self-help repossession pursuant to LLJ’s security interest in the Products; and/or (e) maintain the right to apply any of Customer’s funds that are in LLJ’s custody towards payment due to LLJ hereunder. Customer will pay all expenses incurred by LLJ in enforcing its rights under the Agreement, and this section 4, including but not limited to LLJ’s attorney’s fees.

4. Return Policy.

LLJ allows eligible items to be returned for a full refund (less shipping/and or gift wrap) within 7 days of receipt of the item. This Policy does not apply to custom pieces, which are not eligible for return. Exchanges or store credit will be issued for any Product returned within 21 days of receiving the Product. If 21 days have elapsed since the purchase, LLJ will not offer a refund or exchange/store credit. For Products purchased during LLJ’s Black Friday Sale through December, LLJ will honor exchanges and store credits submitted through the return portal or requested in writing via email by December 29. If Customer fails to submit exchange requests by December 29, LLJ reserves the right to refuse refunds and exchanges. If Customer receives a gift with purchase and are returning Products for a refund or exchange of lesser value, Customer must return the gift with returned products or the value of the gift will be deducted from the exchange/refund. All items approved for return or exchange must be returned within five days. If Customer selects in-store pick-up, the five-day period begins the day Customer receives notification that item is ready for pick-up via email. LLJ is not responsible for notifications that Customer does not receive due to providing incorrect email or emails not received by Customer. If Customer fails to pick-up item within 21 days of pickup notification, Product loses eligibility for return or refund under this Section. All Products must be unused or unworn and in the same condition and in the same packaging in which it was received to be eligible for return. LLJ maintains the right to reject Products for return if it determines in its sole discretion that Customer has used or worn Products. Gift cards are non-returnable. Exchanges for items not in stock may not be immediately available and could be delayed until restocked.   

5. Limited Warranties and Claims.

   LLJ warrants to the Customer that the Products sold will be free from defects in material    and workmanship under normal use. ALL PRODUCTS AND DESIGN SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY  ADDITIONAL WARRANTY WHATSOEVER. IN NO  EVENT  SHALL  LLJ, ITS EMPLOYEES, OFFICERS, OR  SHAREHOLDERS BE  LIABLE  FOR  ANY  INCIDENTAL, CONSEQUENTIAL,  INDIRECT,  DIRECT, SPECIAL OR CONTINGENT  DAMAGES,  LOSS OF PROFITS, REVENUE, OR USE, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY, OR  SERVICES, OR  ANY  OTHER  DAMAGES DUE  TO  ANY  CAUSE WHATSOEVER EVEN IF LLJ HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. In no case will LLJ’s maximum liability exceed the Total Amount for the Products set forth in the Purchase Agreement. If Customer reports a non-conforming or defective good, LLJ maintains the right to inspect the Product and make a final determination prior to resolving Customer’s issue.

 

6. Shipping/Delivery.

Shipping and delivery fees are assessed by purchase or described on the Customer’s Purchase Order. If a package becomes lost or damaged in transit, Customer must notify LLJ in writing to hello@lindseyleighjewelry.com and LLJ will proceed with filing a claim with the carrier. Replacements will be issued once LLJ receives reimbursement from the carrier. This process may take up to eight weeks and Customer acknowledges the potential delay and will not hold LLJ responsible for such. LLJ issues a flat fee of $15 for all returned Products. Orders placed before 2:00 PM CST on business days (M-F) will be shipped same day. If Customer places an order after 2:00 PM CST, Products are shipped next business day (M-F).

7. Governing Law.

This Agreement and matters connected with the performance thereof or otherwise arising out of this Agreement shall be construed, interpreted, applied and governed and enforced in all respects by the laws of the State of Texas. Customer agrees that any legal action or proceeding arising out of or in connection with this Agreement or the Products must be brought exclusively in a court of competent jurisdiction in the state of Texas (the “Courts”). Customer irrevocably consents and submits to the exclusive jurisdiction of the Courts for all such disputes and agrees that the Courts are the proper venue for such disputes. Customer waives, to the fullest extent it may do so, any objection to the Courts’ venue or jurisdiction. The Parties further agree that the prevailing party in any legal action or proceeding arising out of or in connection with this Agreement or the Products shall be entitled to recover reasonable attorneys’ fees and other costs incurred therein, in addition to any other appropriate relief.

8. Miscellaneous.

Waiver by LLJ of any breach of any of the Terms and Conditions of this Agreement will not be construed as a waiver of any other breach, and the failure of LLJ to exercise any right arising from any breach of the Customer hereunder will not be deemed to be a waiver of such right, which may be exercised at any subsequent time. No sales of any Product are construed as granting to the Customer any license or other right in, or to, any patent or other proprietary right applicable to the Product. The parties shall keep the terms of the Agreement confidential.

9. Custom Orders.

Rose Gold Products are considered custom pieces and non-returnable (final sale). In some cases, LLJ may designate certain white gold Products as custom. Personalized Products are considered custom pieces and non-returnable (final sale). Please see individual product pages for custom designation and more details. Custom necklace lengths, ring, and bracelet sizing may also qualify Products as custom and non-returnable. All engagement rings, wedding bands, remakes, and custom designed pieces are final sale and non-returnable.

10. Mobile Message Service (“Mobile Terms”).

The Lindsey Leigh Jewelry mobile message service (the "Service") is operated by LLJ. Customer use of the Service constitutes your agreement to these terms and conditions. We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes. By consenting to Lindsey Leigh Jewelry's SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Lindsey Leigh Jewelry through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders). You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with LLJ. Your participation in this program is completely voluntary. We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider. You may opt out of the Service at any time. Text the single keyword command STOP or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device unless initiated by you. If you have subscribed to other LLJ mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to LLJ or email hello@lindseyleighjewelry.com. We may change any shortcode or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests you send to a short code or telephone number we have changed, may not be received, and we will not be responsible for honoring requests made in such messages. The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you must sign up for the program with your new number. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

11. Complete Agreement.

The Agreement constitutes the sole and entire agreement between the Customer and LLJ about the subject matter hereof and any order, superseding completely any oral or written communications. If any part of this instrument is held to be void, illegal or unenforceable, then it is deemed to be severed from this agreement and the remaining provisions will continue in full force and effect.