These terms and conditions apply to the Maria Hamilton Designs LLC DBA Maria Hamilton Jewelers website located at the www. MHDjewelers.com domain name (the “Website”) and is published and maintained by MHDjewelers its subsidiaries and affiliates (collectively known herein as “MHDjewelers”). By accessing and using the Website, and/or using the services on or through the Website (the “Services”), you agree to this Terms of Use Agreement (“Agreement”) as it may be amended from time-to-time.
Parental Permission. Children under the age of 13 may not use our website, and therefore, should not present any personal information to us. Persons between the ages of 13 and 18 may only use this website with the consent of a parent or guardian. We do not knowingly collect any personal information from people under the age of 13.
Website Purpose. The purpose of the Website is to provide the public with general information about MHDjewelers and its products and services, as well as offering goods and services for sale. The Website, all goods and services, and all Content (meaning all material or goods offered on the Website or through services offered on the Website, including, without limitation, all images, designs, jewelry designs, text, downloads, applications, articles, photographs, and their selection and arrangement) are provided only for personal, educational, and non-commercial use. Commercial use or publication of images and Content on this Website is specifically prohibited.
Subject to your compliance with these Terms of Use, MHDjewelers grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Services. This license does not include any resale or commercial use of any Service, or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Use are reserved and retained by MHDjewelers. No Service, nor any part of any Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of MHDjewelers. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including Content, images, text, page layout, or form) of MHDjewelers without express written consent. You may not use any meta tags or any other "hidden text" utilizing MHDjewelers’ name or trademarks without the express written consent of MHDjewelers. You may not misuse the Services. You may use the Services only as permitted by law. The licenses granted by MHDjewelers terminate if you do not comply with these Terms of Use.
Copyright Ownership and Restrictions. All Content is owned and controlled by MHDjewelers, and/or third parties and is protected by U.S. copyright law, international copyright conventions, and other copyright laws. All Content on the Website is copyright MHDjewelers and all rights are reserved. You agree to abide by all such laws and all restrictions displayed on the Website in conjunction with particular Content.
Product Availability and Pricing If you are interested in a piece of jewelry that is currently on back order, please call or email us and we can tell you when the item will be back in stock. Occasionally, an item becomes out of stock before we are able to post a notification on the Site. If this happens, we will contact you directly to discuss possible options. Your options may include: (1) choosing the item in a different color that is available in stock; (2) specially ordering the item (please note that production time for different items may vary); or (3) cancelling the order.
Data, including prices, may be in error or inaccurately displayed on our Site due to system or typographical errors. While we make every attempt to avoid these errors, they may occur. We reserve the right to correct any and all errors when they do occur, and we do not honor inaccurate or erroneous prices. If a product's listed price is lower than its actual price, we will, at our discretion, either contact you for instructions before shipping the product or cancel the order and notify you of such cancellation. If the order has been shipped, you agree to either return the product or pay the difference between the actual and charged prices. Our prices are also subject to change without notice. We apologize for any inconvenience that this may cause. We do not negotiate prices.
Shipping Policies All items are shipped FOB, our headquarter, located in Boca Raton, Florida. However, we will insure the delivery at no cost to you. For insurance reasons, a signature may be required upon receipt of your jewelry. You agree to inspect your package for damage or tampering before receiving or signing for receipt. We do ship internationally upon special request. If international shipping is required, please contact us by telephone or email so that we can provide you with an estimated shipping cost, expected delivery date and insurance charges. For other special shipping needs, please call us to make other delivery arrangements.
Return Policy All products are sold AS-IS and all sales are FINAL. Nevertheless, if you are not satisfied you can return any non-custom, stock item in its original condition and packaging within 10 calendar days of the date of sale for a merchandise certificate or an exchange, less a 20% restocking fee. Engraved items as well as custom, special order items are not returnable. Once an order is placed, no refunds are permitted.
To return a diamond or jewelry item to MHDjewelers, follow these steps:
Your Return Authorization Form. Call (561) 400.5383 or email and you will be emailed a Return Authorization Form and the address to which to send the returned merchandise. Package Your Return. Include all original packaging and collateral material in the package including a copy of the original purchase receipt and the Authorization Form emailed to you. Please note on the Authorization Form whether you request an exchange or a merchandise certificate.
Insure Your Package. For all returns, you can ship it via any carrier. Any item shipped for return must be insured for the full amount listed on the invoice. You must request a return receipt for confirmation that your shipment has reached its destination and request for a signature to be required upon delivery.
You must follow these instructions exactly. Failure to do so will prevent the processing of your return. MHDjewelers will not be responsible for loss or damage of return shipments. Late returns will not be accepted. Returns without a Return Authorization Form will not be accepted. Uninsured returns will not be accepted. If you have any questions about our return policy, please contact us before you place your order.
Once we receive your returned item and it is accepted, your exchange or merchandise certificate (less the 20% restocking fee) will be processed in several days. Upon receiving your return, the item will be inspected. Please note that items showing signs of wear or those that have been altered, resized (by a jeweler other than MHDjewelers), or damaged in any way cannot be accepted for return. Custom, bespoke and engraved jewelry items may not be returned as those sales are final.
Repair Policy We do not accept repairs of non- MHDjewelers products by mail. Please call or email us to arrange for repairs of MHDjewelers pieces.
Order Modification and Cancellation Policy. Orders may be modified or cancelled by phone or email before any item has shipped. If you modify or cancel an order by email and do not receive a confirmation email within 24 hours, please contact us by phone to ensure that your order has been modified or cancelled. After an order has been shipped, it may no longer be cancelled or modified. Nevertheless, you may return pursuant to our Return Policy.
Sales, Use and Other Taxes. MHDjewelers collects and remits sales tax for sales made in Florida. For all other jurisdictions, you are responsible to report and remit any applicable sales, use, and/or VAT taxes as well as any applicable duties or customs fees. All prices show on the Site are exclusive of any and all taxes.
Debit Cards. The use of debit cards for purchases may result in an authorization hold in excess of the purchase price. If this occurs, MHDjewelers is not responsible for any returned checks or over-drafts and related bank fees or charges on your account.
Diamond Grading Report. Unless noted otherwise on the Site, we will not provide a diamond grading report with your purchase.
Information on our Site. At MHDjewelers, we make every attempt to ensure that our online collection is as accurate and complete as possible. 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, and since every computer monitor is set differently, color and size may also vary.
On the Site, we provide the details and measurements of our products based on our manufacturing specifications. Slight tolerances may be accounted for based on finishing during the manufacturing process. If you have questions about the tolerances as compared to those stated in the product’s description, please contact us before you order.
Intellectual Property. This Website and its contents are owned by MHDjewelers or third parties and are protected by law, including but not limited to copyright and trademark law. Certain content, such as copyrighted materials, trademarks or trade dress are used by permission of third parties. Except as allowed by law (such as fair use) or as expressly permitted in connection with specific content, this Website and its contents may not be reproduced, modified, distributed, displayed, performed, or used in any way without the prior written permission of MHDjewelers or the third-party owner.
Reporting Copyright Violations. Pursuant to the Digital Millennium Copyright Act (“DMCA”) of 1998, 17 U.S.C. 512(c)(2), MHDjewelers has a DMCA Registered Agent for notice of alleged DMCA copyright infringement. You may contact MHDjewelers’ at email address Info@mhdjewelers.com To file a notice of infringement with mhdjewelers, the requirements specified in Title II of the Digital Millennium Copyright Act of 1998 must be fulfilled. The text of this statute can be found at the United States Copyright Office website, located at http://www.copyright.gov.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with this information: • A physical signature of the person authorized to act on behalf of the owner of the copyright interest; • A description of the copyrighted work that you claim has been infringed upon; • A description of where the material that you claim is infringing is located on the site; • Your address, telephone number, and e-mail address; • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Electronic Communications. When you use www. MHDjewelers.com, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. 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.
Inappropriate Use and Access. 1. You may not use the Website or Services to post or send any unlawful, infringing, threatening, defamatory, libelous, obscene, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability or otherwise violate any law.
2. You may not use the Website or Services to send spam or any unsolicited email advertisements to any user of the Website, or to the Website itself, through Voice computer systems
3. You may not take any action that imposes or may impose an unreasonable or disproportionately large load on MHDjewelers’ network infrastructure, as determined by MHDjewelers in its sole discretion.
4. You may not interfere or attempt to interfere with the proper working of the Website or any Services.
5. You may not bypass any measures MHDjewelers may use to prevent or restrict access to the Website, Content, or Services
6. You may not link from any other website to this Website in any manner such that this Website, or any Content, is “enclosed” or surrounded by any other content, materials, or branding.
Disclaimer. Your use of the Website, Content, and Services is at your own risk. THE WEBSITE, CONTENT, AND SERVICES ARE PROVIDED “AS IS” OR “AS AVAILABLE.” TO THE FULLEST EXTENT ALLOWED BY LAW, MHDJEWELERS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE WEBSITE, CONTENT, OR SERVICES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND/OR MHDJEWELERS’S NEGLIGENCE. UNDER NO CIRCUMSTANCES WILL MHDJEWELERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, CONTENT, OR SERVICES, EVEN IF MHDJEWELERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MHDJEWELERS’S TOTAL LIABILITY FOR ANY DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT OR TORT, EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN CONNECTION WITH YOUR USE OF THE WEBSITE, CONTENT, AND SERVICES.
Links. The Website may contain links to other websites (“Linked Sites”) operated by parties other than MHDjewelers. MHDjewelers has not reviewed the Linked Sites and does not monitor or control them. These links are provided for your reference only and MHDjewelers is not responsible for the content of any off-site pages or other Linked Sites. MHDjewelers’ inclusion of links to Linked Sites does not imply any endorsement of the material on the Linked Sites or any association with their operators.
Termination. We may block, suspend, or terminate your use of the Website, Content, or Services at any time for any reason. Reasons we might do so include, but are not limited to, the following: 1. your breach of this Agreement; 2. Maria Hamilton Designs, LLC is unable to verify or authenticate any information you provide to us; or 3. MHDjewelers believes that your actions could cause financial loss or legal liability to MHDjewelers or other users of the Website; and d. routine network maintenance affecting all users.
Changes to this Agreement. We retain the right to revise this Agreement, in whole or in part, at any time. Your use of the Website or any Content or Services after any particular revision of this Agreement will constitute your acceptance of the revised Agreement.
Jurisdictional Issues. The Website is controlled and operated by MHDjewelers from its principal office in Boca Raton, Florida, U.S.A., and is not intended to subject MHDjewelers to the laws or jurisdiction of any state, country, or territory other than that of Florida and of the United States of America. MHDjewelers does not represent or warrant that the Website or the Materials, or any aspect thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access the Website or Materials do so on their own initiative and at their own risk and are responsible for complying with local laws. We may limit the availability of the Website to any person, geographic area, or jurisdiction we choose, at any time in our sole discretion. You agree not to transport, import, export or re-export all or any part of the Materials to (or to a national or resident of), or to use all or any part of the Materials from (as applicable): (1) Balkans, Burma (Myanmar), Cuba, Iran, Liberia, North Korea, Sudan, Syria, or any other country to which the United States has embargoed goods; or (2) any person or entity on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders, and you represent, warrant, and covenant to us that you are not located in or under the control of any such country or on any such list.
Governing Law and Forum. This Agreement is governed by and shall be construed in accordance with the laws of the State of Florida, United States of America, without regard to its principles of conflicts of law. In the event of a dispute arising under or relating to this Agreement, the Website or the Materials, you agree to the exclusive jurisdiction of the federal and state courts located in the State of Florida, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Any dispute arising out of the use, viewing or access to this Website shall be submitted to arbitration, pursuant to the rules of the American Arbitration Association. Venue for any arbitration proceeding shall be Palm Beach County, Florida, unless otherwise agreed by the parties or ordered by the Arbitrator. The Arbitrator shall award attorney’s fees and costs to the prevailing party in any arbitration proceeding.
General. This is the entire Agreement between you and MHDjewelers and supersedes any prior understandings or agreements (written or oral). If any portion of this Agreement is held to be unenforceable, that portion will be construed in accordance with applicable law to the greatest extent possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. MHDjewelers failure to insist upon or enforce strict performance of any provision of these terms will not be construed as a waiver of any provision or right.
Contact Direct all questions regarding this statement to:
Maria Hamilton Jewelers
E:mail: Info@MHDjewelers.com
