TERMS OF SALE
Last Updated September 15, 2016
We’re confident you’ll love your South Coast Jeweler (SCJ) purchase; however, if for any reason you are not satisfied with your purchase, SCJ accepts items that are carried in SCJ’s stock and not custom made or specially ordered (“Stock items”) for exchange or store credit within 14 calendar days of the purchase date. Stock items returned for store credit or exchange must be in their original, unused condition. Stock items must be accompanied by an original sales receipt, and returned with all original packaging and documentation provided at the time of the original sale. No refunds or cash back will be issued. We advise you to fully examine all merchandise before purchase, as you are assumed to have done so upon completion of a transaction. Special orders are final sale and cannot be cancelled, returned, refunded, or exchanged. Special orders include, but are not limited to, any items not available in stock and items that are engraved, contain head changes, sized, altered and/or custom made. In addition to special orders, the following items are not eligible for exchange: items that have been worn or damaged, diamonds not set by SCJ, items missing the original sales receipt, original packaging and other documentation provided at the time of sale, items sized outside of SCJ’s sizing parameters, and items that have been altered and/or resized by jewelers other than SCJ. If you have any questions about SCJ’s exchange policy, please ask a SCJ sales associate.
SCJ Limited Responsibility
As stated on the “Jewelry Repair” form, neither SCJ nor any of its employees will be responsible for fracture or damage to stones or diamonds received from the customer that are already chipped, broken, have large inclusions or imperfections or are otherwise damaged. SCJ will do its best to repair your item but cannot guarantee that an item is capable of being restored to its original or desired condition. All repairs are provided on an ‘as is’ basis without guarantee or warranty of any kind, whether express or implied, including any implied warranties of merchantability or fitness for a particular purpose. The customer is responsible for all risks associated with the repair. SCJ will not act as an insurer of any repaired items and the customer is solely responsible for obtaining any desired insurance. Responsibility for any loss, theft, or negligence due to SCJ will be limited to the cost of repairing or replacing the item and will not exceed the value declared in the “Jewelry Repair” form. Should no value be listed, it will be assumed to be less than $75.00. You are responsible for examining the repaired item before leaving the store and documenting any issues on the invoice. SCJ will not be responsible for undocumented issues and/or issues that occur after you take possession of the repaired item.
Disclosure Required for Laser Drilling, Fracture Filling or Color Enhancing
Prior to giving us an item to repair, clean, inspect or size, you must disclose whether the diamond or stone has undergone any laser drilling, fracture filling, or color enhancing. Failure to make this required disclosure will relieve SCJ of any and all liability related to the repair or SCJ’s inability to repair the item.
Cleaning, Inspecting and Sizing
We recommend that you regularly clean and inspect your jewelry items to keep them in their best condition. SCJ provides complimentary cleaning and inspecting of jewelry purchased from SCJ in most instances. We understand the importance of your ring fitting comfortably, which is why SCJ can usually offer ring sizing once a year free of charge. Note that the sizing of some items may be subject to additional charges and SCJ reserves the right to not provide complimentary cleaning or sizing at its discretion. If you have any questions about cleaning, inspecting or sizing, please inquire with a SCJ sales associate.
We urge you to insure your jewelry as soon as possible, as you would any other major purchase. If you do not have an existing policy, we offer services such as on-site appraisals and price quotes from Jewelers Mutual Insurance Company.
These Terms of Sale (“Agreement”) and any claim or controversy relating to or arising from this Agreement including, but not limited to, any purchases or other transactions made or entered into at or with SCJ (hereafter, “Claim(s)”), shall be governed by the laws of the State of California without regard to principles of conflicts of law and, as applicable, the laws of the United States of America. All Claims shall be decided by one arbitrator pursuant to this provision and the commercial arbitration rules and procedures of JAMS, Inc. at their offices located in Orange County, California. All Claims shall be brought solely in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate more than one person’s Claims, and may not otherwise preside over any form of a representative or class proceeding with respect to any such Claims. NEITHER PARTY SHALL BE PERMITTED TO OBTAIN AWARDS FOR, AND EACH PARTY HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, AND WAIVES ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. The decision of the arbitrator shall be final and binding. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award shall be conducted in the Superior Court of the State of California, in and for the County of Orange or, where applicable, the federal District Court sitting in the County of Orange, State of California. Likewise, in the event that this arbitration agreement is for any reason held to be unenforceable, any litigation shall be commenced only in the federal or state courts located in Orange County, California. You hereby irrevocably consent to the jurisdiction of those courts for such purposes. By making a purchase, requesting a repair or other service, or conducting any other transaction with us, you agree to the above arbitration agreement. In doing so, you give up your right to go to court to assert or defend any Claims between you and us. You also give up your right to participate in a class action or other class proceeding.
In the event of any legal proceeding or arbitration which should arise as a result of a Claim between you and SCJ, the prevailing party shall be entitled to reimbursement for its reasonable attorneys’ fees and costs incurred in connection with such proceeding, including enforcement of judgment and/or appeal, in addition to any other available relief or remedies.