Terms and Conditions
These Terms of Service (“Terms”) set forth the legal terms and conditions governing (i) your use of the online and mobile website located at http://www.markhenryjewelry.com (the “Website”), owned and operated by Mark Henry Corporation, a New York corporation, or one of its affiliates or subsidiaries (collectively referred to herein, solely for ease of reference, as “Company”, “us”, “our” or “we”) and, (ii) the purchase of products from the Website (“Products”). Your use of the Website and associated services (“Services”), including your purchase of our Products from the Website, confirms your unconditional agreement to be bound by these Terms and your use is subject to your continued compliance with these Terms. If you do not agree to be bound by these Terms, you may not access or otherwise use Website and/or the Services.
You should print a copy of these terms and conditions for future reference.
WE MAY AMEND OR REVISE THESE TERMS AT ANY TIME. YOUR CONTINUED ACCESS AND USE OF WWW.MARKHENRYJEWELRY.COM FOLLOWING THE POSTING OF ANY SUCH CHANGES WILL BE DEEMED YOUR ACCEPTANCE OF AMENDED OR REVISED TERMS.
GENERAL TERMS OF SALE
- PRODUCT AVAILABILITY. All Products displayed at the Website are offered for sale subject to availability. We will not be liable in case of the unavailability of any Products. Furthermore, we reserve the right to change the Products offered for sale on the Website at any time and without notice. Details about the availability of our Products are provided when you place your order. However, errors may exist, such as in the case of simultaneous orders of the same Product by more than one customer. In case a Product is not available after you have placed your order, we will inform you by email or by telephone, at which time you will be invited to select another available Product on our Website as a substitution for the unavailable Product or to cancel your order.
2. PRICES. Prices of our Products are indicated in United States dollars, exclusive of taxes and shipping costs. We reserve the right to modify the prices of Products offered on the Website at any time without prior notice. You will be charged the prices displayed on the Website at the time your order is confirmed, provided the Product you ordered is available. We reserve the right to reject or to cancel your order for any reason, including, without limitation, if the Product ordered is not available, is incorrectly priced and/or is incorrectly described.
3. TAXES. Sales tax will be added to orders shipping to those States within the United States requiring payment of sales tax, including, without limitation, New York and California.
4. PLACING YOUR ORDER.
a.) You may place your order via the Website or by calling us at 1-212-986-5700 from Monday to Friday, 10:00 a.m. to 6:00 p.m. Eastern Standard Time.
b.) Products purchased from the Website may be ordered by clicking on the Products you wish to purchase and then following the prompts that will appear on your screen. Upon completing your shopping on the Website, a summary page will be displayed featuring a photograph of the Product, its coloring and references, the quantity selected, unit price and the total amount owed for your order. Please check this information carefully to ensure that this summary page accurately reflects your selection before confirming your order. You may check and correct any input errors in your order up until the point at which you submit your order to us by clicking the “Complete Order” button on the checkout page. After you click on the "Place Order" button, your order will be submitted for processing and you may not make any changes to or cancel the order, except as expressly provided in these Terms or applicable law.
c.) After placing an order, you will receive an email from us acknowledging that we have received your order and providing you with an order reference number (“Order Confirmation”). Please note that receipt of the Order Confirmation does not mean that your order has been accepted. Your order constitutes an offer to buy a Product. All orders are subject to acceptance. We are not obliged to accept your order and may, at our discretion, decline to accept any order, as further discussed below. You do, however, acknowledge that by clicking on the “Complete Order” button, you enter into an obligation to pay us for the Product(s).
d.) When your order is accepted, we will confirm such acceptance to you by sending you an email that confirms that the Product has been sent (“Send Confirmation”).
5. ORDER REJECTION/CANCELLATION. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your credit card or PayPal® account has been charged, in our sole discretion. Some of the reasons your order may be declined are if the Product is unavailable, if pricing is in error, if there are problems concerning credit or an issue of fraud is detected. We will contact you if your order is declined or cancelled or if we need more information. If your order is declined or cancelled, we will issue a credit your credit card or PayPal® account for any amount charged with respect to such order and notify you that your order was declined or canceled.
a.) Payment is due immediately upon placement of your order.
b.) Credit cards are the only methods accepted for payment on the Website.
d.) We also accept payment using PayPal® when purchasing from the Website. If you elect to use PayPal® when completing your order, you will be automatically redirected to the PayPal® platform to log in to your account. If you do not have a PayPal® account, you will be able to create one at that time. After the validation of your order with PayPal®, you will be redirected to our confirmation page. Please do consider that additional delivery time may be required for orders completed using PayPal®.
e.) All payments for purchased from the Website are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorize payment for any reason. We also carry out a standard pre-authorization check on your payment card and Products will not be dispatched until this pre-authorization check has been completed. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee, which fees are your sole responsibility.
f.) Your order will only be shipped once we have verified your payment method and received authorization to process your payment.
g.) Your credit card will be charged when you place your order.
7. SHIPPING POLICY/IN-STORE PICK-UP.
We ship all domestic orders via UPS and offer you the choice of free 2nd Day Air or Next Day Air shipping for a fee. While it is not possible to specify a precise time at which a delivery will take place, deliveries take place on Monday to Friday, excluding bank and public holidays, usually within the hours of 8:00 AM and 5:00 PM. All orders will require a signature on delivery. In addition, please note that the posted shipping time frame, if provided, may vary from Product to Product. The posted shipping time frame is contingent upon credit card approval and may be delayed should we experience difficulties in obtaining authorization.
All international orders will be subject to shipping charges, taxes, customs, duties, and fees based upon the destination country and the item(s) ordered. The recipient of the shipment is the importer on record in the destination country and is responsible for all import fees. Applicable duties, taxes and fees will be collected at the time of delivery. For high value orders, a representative from Mark Henry Corporation will contact you to arrange delivery. All other orders will be shipped fully insured via FedEx International Priority.
b.) Your order will be fulfilled by the delivery date set out in the Send Confirmation.
c.) Products purchased via the Website may only be delivered to a physical street address. We will not process and/or deliver any order for which a post office box or APO/FOP address is provided.
d.) Products comprised within the same order cannot be delivered to different addresses.
8. PRODUCT SPECIFICATIONS. We make every reasonable effort to ensure that our Products are accurately displayed on the Website. However, photographs on the Website are for illustrative purposes only and information on the Website regarding size of Products is included as a guide only. Variations between the photograph of a Product and the actual Product may occur due to technical restrictions of color reproduction or photo quality on your computer or mobile device and we cannot guarantee your computer’s monitor or mobile device will accurately display the true color or other specifics related to the Product you are purchasing. Accordingly, if you have any questions about a Product, please contact us at firstname.lastname@example.org prior to placing your order. We are happy to answer any questions and provide additional images, if requested. However, we will not be liable for any error or inaccuracy in the photographs or graphical representations of our Products displayed on the Website.
9. RETURNS Returns or exchanges must be requested and sent back within 7 days of receipt. All pieces will be subject to a quality control inspection, and the original packaging must be intact. We reserve the right to refuse an exchange if the piece received is determined to be damaged.
Please Note: All international orders are final sale. All custom orders and special orders placed on markhenryjewelry.com are final sale. If you received a damaged or incorrect item, please email us within 24 hours of receipt.
GENERAL LEGAL TERMS1. ELIGIBILITY. The Website and Services are intended solely for users eighteen (18) years of age and older. You represent and warrant either that you are eighteen (18) years of age or older, or if you are under the age of eighteen (18), that you are at least thirteen (13) and are accessing the Website and Services with the knowledge and consent of your parent or legal guardian, who will also be deemed to have agreed to these Terms.
ii.) This Website and its content ("Content") are copyrighted and such copyrights are owned by the Company. You are permitted to view, print, and/or distribute the Content in hard copy from this Website provided that (1) you use the Content for your personal use only and not for any purpose contrary to our interests; (2) you do not copy, use or place any Content on any network or other website for any purpose other than as contemplated by these Terms; (3) you do not modify, alter, or create derivative works of, the Content; and (4) you include our copyright notice on such Content as follows: Copyright 2004 Mark Henry Corporation, All Rights Reserved.1. DISCLAIMER. The Website and/or Services may be unavailable from time to time for various other reasons, including due to maintenance or malfunction of computer equipment. We assume no responsibility for any delays, interruptions, errors, defects, omissions, or deletions arising from or related to the communications line failure, operation or transmission, or alteration of, or theft or destruction or unauthorized access to, user communications, nor are we responsible for any technical or non-technical malfunction or other problems of any hosting services, computer systems, servers or providers, telephone networks or telephone services, computer or mobile phone equipment, software, failure of e-mail on account of technical problems or traffic congestion on the Internet or in connection with the Website and/or the Services, including injury or damage to your or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using the Website and/or the Services. In addition, the Internet may be subject to breaches of security. The Company is not responsible for any resulting damage to any user's computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that email submissions over the Internet may not be secure, and you should consider this before submitting any information to anyone, including us, over the Internet. The Company makes no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions, statements or recommendations contained on the Website. Reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by the Company.
BY USING THE WEBSITE AND/OR ACCESSING THE SERVICES AND THEREBY AGREEING TO THESE TERMS, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF NEW YORK, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”1. INDEMNIFICATION. BY USING THE WEBSITE AND/OR THE SERVICES, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE COMPANY AND ITS PARENT, AFFILIATES, SUBSIDIARIES, LICENSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OWNERS, OFFICERS AND DIRECTORS HARMLESS FROM AND AGAINST ANY THIRD PARTY CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES, ARISING OUT OF OR RELATING TO YOUR BREACH OF THESE TERMS, YOUR VIOLATION OF THESE TERMS OR ANY LAW, YOUR USE OF THE WEBSITE AND/OR THE SERVICES, INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR COMPUTER, MOBILE DEVICE OR ACCOUNT, EVEN IF NOT SUBMITTED BY YOU, THAT INFRINGES ANY COPYRIGHT, TRADEMARK, TRADE SECRET, TRADE DRESS, PATENT, PUBLICITY, PRIVACY OR OTHER RIGHT OF ANY PERSON OR DEFAMES ANY PERSON, ANY MISREPRESENTATION MADE BY YOU, AND/OR THE COMPANY’S USE OF YOUR INFORMATION. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN THE COMPANY’S DEFENSE OF ANY CLAIM OF ANY THIRD PARTY ARISING UNDER THESE TERMS. THE COMPANY RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT IN ANY EVENT SETTLE ANY SUCH MATTER WITHOUT THE WRITTEN CONSENT OF THE COMPANY.
IF YOU HAVE ANY QUESTIONS, SUGGESTIONS, OR CONCERNS RELATED TO THESE TERMS, PLEASE DO NOT HESITATE TO CONTACT US AT INFO@MARKHENRYJ.COM.