Agreement: This is not a contract of insurance or a warranty. This document describes the benefits You have to protect your jewelry and is referred to as the “Benefits Program.” This Benefits Program, including its terms, conditions, limitations, exceptions, and exclusions constitutes the entire benefit being offered to You, and no representation, promise or condition not contained herein can modify these items, except as required by law.
Definitions: Throughout this Benefits Program, the following words have the stated meaning.
- “We”, “Us”, “Our”, “Retailer”, or “Obligor” means the party providing this Benefits Program.
- “You”, or “Your” means the original purchaser of the Product(s) or the person whom this Benefits Program is transferred to pursuant to the transfer terms of this Benefits Program.
- “Claim” means Your demand for services in accordance with this Benefits Program.
- “Product(s)” means the jewelry item(s) which You purchased and is/are covered under this Benefits Program.
- “Certificate of Benefits” means a document that verifies Your Product is enrolled in the Benefits Program.
- “Term” means the period of time in which the provisions of this Benefits Program are valid as indicated on the Certificate of Benefits.
Maintenance and Inspections: You must ensure that all required care, maintenance, and inspection services specified in the Product’s original manufacturer’s warranty and/or owner’s manual are performed when and as required.
Eligibility: The Benefits Program is provided for one (1) year from the original Product purchase date on eligible jewelry purchases with a merchandise subtotal of $500 or more, before taxes, shipping charges, sizing fees, customizations, alterations, or other add-on services. All watches and men’s chains are excluded from eligibility under this Benefits Program.
Term of benefits begin on the Product purchase date and continue for the Term shown on the Certificate of Benefits. Notify the Retailer of your Claim within 30 days of the loss or damage.
What is Offered: In the event of an eligible Claim, We agree to provide the services outlined below as applicable to Your Product. Restoration services may be provided in the form of repairs, replacement, or reimbursement; at Our sole discretion and subject to the Limit of Liability provision of this Benefits Program.
Jewelry: For jewelry Products, benefits offered under this Benefits Program include:
- Restoration services required as a result of breakage due to faulty workmanship or as a result of damage due to normal wear; such as: resetting of gemstones or diamonds; bent, broken or worn prongs; thinning or cracked ring shanks; broken clasps, bracelets or chains; broken or stretched pearl strands; broken earring backs or posts; gouges or discoloration; knotted or kinked bracelets and/or chains.
- Refinishing and polishing; rhodium plating white gold; and chain soldering.
- Replacement of cracked or chipped stones (including center stones).
- Replacement of missing side or accent stones.
- Loss of diamonds or gemstones due to a defective setting.
- Ring soldering to another ring (does not include additions or enhancements to a covered ring).
- Ring re-sizing of a ring Product. Subject to a thirty (30) day waiting period beginning on Your jewelry purchase date.
- Accidental loss; direct physical damage; or theft
Benefits described in this Benefits Program will not replace or provide duplicative benefits to any benefit available under a manufacturer’s, or designer’s Product warranty. While any such warranty is in effect, any and all costs for parts, labor and/or shipping are the responsibility of the applicable manufacturer or designer and are not covered under this Benefits Program.
Non-original manufacturer’s parts may be used for repair of the Product if the manufacturer’s parts are unavailable or more costly. At Our discretion, We may require that You return the Product to Us as a condition to receiving a replacement product or reimbursement.
To Obtain Service: If Your Product breaks, contact the Retailer for instructions on obtaining repair, replacement of or reimbursement for Your Product under this Benefits Program. If You are unable to return to the Retailer, You are required to pay the shipping costs to Us or Our authorized service center and the Benefits Program will pay for the shipping costs required to ship Your Product back to You from Us or Our authorized service center. At Our sole discretion, in lieu of repair, We may provide You with a replacement product.
PLEASE NOTE: The submission of a Claim does not automatically mean that the repair or replacement of the Product is included under this Benefits Program. In order for a Claim to be considered, You must first contact the Retailer.
In the event the Benefits Program Term expires while an approved Claim is being processed, Your coverage will be automatically extended until the date when the Claim has been fulfilled completely in accordance with the terms and conditions of the Benefits Program.
Your Responsibilities: If You suspect damage or breakage of Your product, You have a duty to protect against further damage. Prior to service, You are responsible for backing up any software, data, and personal files residing on the Product.
You must cooperate with Us during this Benefits Program. This includes You giving Us prompt notice when loss, damage, or theft occurs. In the event of a theft You must give notice to the police, and provide Us with a copy of the filed police report.
In the event of a recovery, any Product replaced or paid for will become Our property. You must notify Us and We must notify You, promptly upon receipt of any recovery for a loss We have settled.
Limit of Liability: During Your Benefits Program Term, the amount We will pay in connection with all Claims pursuant to this Benefits Program will not exceed:
- The accumulation of costs for Product repairs and/or services equal to the purchase price, including tax, for the Product;
- A one-time replacement of the Product with a product of same kind and quality; or
- A one-time reimbursement equal to the purchase price, including tax, of the Product.
Once any of these limits have been met, We will have satisfied all of Our obligations under this Benefits Program. You are responsible for any amount that exceeds Our Limit of Liability.
Transfer: If You wish to transfer this Benefits Program to a different owner along with Your Product, the new Product owner must register as the owner of this Benefit Program.
WHAT IS NOT COVERED: THIS BENEFITS PROGRAM DOES NOT COVER ANY FAILURE, DAMAGE, REPAIRS OR LOSS IN CONNECTION WITH OR RESULTING FROM:
- All watches, men’s chains, customizations, alterations, shipping charges, taxes, and non-merchandise fees are excluded from coverage and from the qualifying purchase amount.
- Voluntary parting with title to or possession of the Product by You.
- Any dishonest, fraudulent, or intentionally committed act by You, alone or in collusion with another, with the intent to cause a Loss.
- Any and all pre-existing conditions that occur prior to the effective date of this Benefits Program.
- Any Claim for what is not a covered item or service as specifically outlined in the “What is Covered” section.
- Any Claim which has not received prior authorization from the Retailer.
- Repair, adjustment, manipulation, modification, or any similar service to any component of the Product performed by anyone other than the Retailer or a service center authorized by the Retailer.
- Inherent Product defects.
- Flaws in diamonds or gemstones.
- The abuse (meaning, the intentional treatment of the Product in a harmful, injurious, malicious, or offensive manner which results in its damage and/or breakdown), misuse, negligence, intentional harm, or similar mistreatment of or to the Product.
- Any incidental or consequential damages, including but not limited to: property damage, fines, lost time, lost contracts/agreements or lost income resulting from or related to any Claim (regardless of whether or not the Claim itself is considered to be covered under the terms and conditions of this Benefits Program), including any damages resulting from a pre-existing condition known to You prior to the purchase of the Product or any inherent Product flaws or any damages claimed under implied warranties of merchantability and fitness for a particular purpose.
- Any kind of designer or manufacturer recall or rework order on the Product which any such party is responsible for providing, regardless of such party’s ability to pay for its obligations.
- Operation/use of Product outside of the manufacturer instructions or environmental specifications.
- Nuclear reaction, nuclear radiation, or radioactive contamination.
- Loss or damage caused by vermin, rodent, or insects.
- Loss or damage to software programs or user data.
- Failure to obtain required inspections or maintenance services for the Product.
- Routine maintenance and/or inspection services, except as provided under What is Covered.
- Any service or replacement outside of the United States of America, its territories, or Canada, without the approval of the Retailer.
- Civil authority: Loss or damage caused by order of civil authority, including seizure, confiscation, destruction, or quarantine of the Product. Loss or damage resulting from acts of destruction by the civil authority to prevent the spread of fire, unless the fire is caused by a peril excluded under this coverage.
- War: Loss or damage caused by:
- war, including undeclared or civil war;
- warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign, or other authority using military personnel or other agents; or
- insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these.
Cancellation: If you return the Product this Benefits Program will terminate on the date of return. We may only cancel this Benefits Program for the following reasons:
a) Fraud or material misrepresentation by You; or
b) Substantial breach of duties under this Benefits Program by You in relation to the Product or its use.
If We cancel this Benefits Program, We will provide written notice to You at least 15 days prior to the effective date of cancellation. Such notice will be sent to Your current address in Our file, with the reason for and effective date of such cancellation.