Purchase Terms & Conditions
PLEASE READ THIS CAREFULLY. THESE TERMS AND CONDITIONS (TOGETHER WITH YOUR ORDER CONFIRMATION, THE “AGREEMENT”) IS A LEGAL AGREEMENT BETWEEN TESORO FINE JEWELRY, LLC (“WE”) AND YOU. BY PLACING YOUR ORDER WITH US, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT. FOR PURPOSES OF THIS AGREEMENT, THE TERM “PRODUCT” MEANS THE ITEMS DESCRIBED IN YOUR ORDER CONFIRMATION.
Order Acceptance and Cancellation
You agree that your order is an offer to buy, under the terms of this Agreement, the Product. We must accept all orders and are not obligated to sell Product to you until we have accepted your order. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email.
All prices, discounts, and promotions posted on our website – www.tesorofinejewelry.com, or otherwise communicated on our social media accounts or elsewhere are subject to change without notice. The price charged for the Product will be the price in effect at the time the order is placed and will be set forth in your Sales Order. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling or value-added taxes, custom fees or similar charges assessed in foreign countries (“International Charges”), for which you are responsible. Shipping and handling charges and International Charges (if applicable) are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of the Product. All such taxes and charges will be added to the total price for the Product and will be set forth on your Sales Order. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
We will arrange for shipment of the Product to you. You will pay all shipping and handling charges and International Charges (if applicable) specified on your Sales Order. Title to the Product passes to you upon our transfer of the Products to the carrier for delivery. Risk of loss passes to you upon delivery. We will insure all shipments of the Products from loss or damage that occurs during shipping. You must open all packages immediately upon receipt of the Product to verify that the Product is undamaged. If the Product is damaged, you must make a claim with us within forty eight (48) hours of the delivery date. To make a claim, please contact email@example.com. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
Our return and exchange policy is available at www.tesorofinejewelry.com/pages/returns-exchanges and we reserve the right to update, amend or revise this policy in our discretion.
Repairs and Resizing
Our policy regarding repairs and resizing is available at www.tesorofinejewelry.com/pages/repairs-resizing and we reserve the right to update, amend or revise this policy in our discretion.
Warranty and Disclaimers
ALL PRODUCTS OFFERED BY US ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
Limitation of Liability
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THIS AGREEMENT, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE DAMAGES ARE BASED. OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM OR LOSS WHATSOEVER ARISING UNDER THIS AGREEMENT, SHALL BE LIMITED TO THE LESSER OF $1,000 OR THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCT. IN ANY EVENT WHERE WE HAVE AGREED TO REIMBURSE YOU FOR ANY CLAIM, YOU AGREE TO RETURN THE PRODUCT TO US AND OUR OBLIGATION TO REIMBURSE YOU FOR SUCH CLAIM IS CONTINGENT UPON OUR RECEIPT OF THE PRODUCT FROM YOU.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in our performance under this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
The Agreement sets out the entire agreement between you and Tesoro Fine Jewelry in respect of the sale, purchase and use of the goods. They supersede any previous agreement or understanding in relation to the subject matter hereof. No variation of this Agreement is binding on us unless agreed by us in writing.
The Agreement shall be construed and enforced in accordance with and governed by the laws of the State of FLORIDA regardless of where the transaction may have occurred. Any action, suit or proceeding to enforce any provision of, or based on any matter arising out of or in connection with, this Agreement shall be brought in any federal court located in Florida.
If we prevail in any dispute with you related to this Agreement, you agree to pay us our reasonable attorneys’ fees and costs associated with the dispute, regardless of whether litigation, arbitration or another dispute resolution process was commenced.
The failure by us to enforce any right or provision of this Agreement will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by our duly authorized representative.
No Third-Party Beneficiaries
This Agreement does not and is not intended to confer any rights or remedies upon any person other than you.
We may provide any notice to you under this Agreement by sending a message to the email address you provide to us. It is your responsibility to keep your email address current. To give us notice under this Agreement, you must contact us as follows: (i) by email transmission to firstname.lastname@example.org ; or (ii) by personal delivery, overnight courier, or registered or certified mail to Tesoro Fine Jewelry, LLC, 601 Brickell Key Drive, Suite 700, Miami, Florida 33131. Notices provided by personal delivery will be effective immediately. Notices provided by email transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.