Terms & Conditions
Terms and Conditions
The terms "you" and "your" refer to the person or entity offering an item(s) for repair and/or sending any item(s) containing precious metals (gold, platinum, silver, or any combination thereof), jewelry, gemstones, other personal ornaments, or any combination thereof (collectively hereinafter referred to as "Jewelry") to The Pearl Girls for repair, as well as accessing or using Our Websites, purchasing jewelry, request a Jewelry Return Kit and providing us with your personal information (collectively hereinafter referred to as "Transaction"). "We", "our", and "us" refer to The Pearl Girls (through any of its divisions or affiliates) and its employees, agents, members, owners, directors, officers, successors and assigns.
- Description of Your Jewelry
You are responsible for requesting, completing and signing your Repair Reknot form. You are required to list and describe the Jewelry that you send to us on the Repair Reknot form and send the form back to us along with your Jewelry.
- Shipping Your Jewelry
The Pearl Girls LLC will have no liability for any Jewelry while in transit or otherwise in the possession or custody of any party other than us, including, without limitation, any common carrier (i.e., FedEx, UPS, USPS etc.) or delivery service ("Carrier"). If you decide to arrange for your own shipping, you shall be solely responsible for shipping costs and any related insurance and assume any and all risk of loss for your Jewelry. You must not ship hazardous or illegal materials and your shipment must otherwise comply with applicable state and federal laws.
Weight and Size Restrictions Policy
If you use the packing materials we provide you and your package weighs more than 11 oz, or if you choose to use your own packing material and the dimensions of your package are larger than 9x6x2 or it weighs more than 11 oz, you must contact firstname.lastname@example.org and request approval prior to shipping your package. If you fail to receive approval we will have no liability for any Jewelry while in transit. You will be responsible for any return shipping costs.
- Loss Guarantee and Insurance
If you send us Jewelry using a The Pearl Girls generated pre-paid shipping label, we are able to track the shipment. We encourage you to insure your own jewelry as The Pearl Girls, LLC will not be held responsible for jewelry lost or damaged in transit.
In the event of a loss, we (or the insurer if it is an insured loss) will in our sole discretion, either (a) replace your Merchandise with goods of like kind, quality, and condition or (b) reimburse you the fair market value of the Jewelry up to $100.
- Valuing Your Precious Metals Merchandise
We do not assess or appraise your Jewelry. We do not provide written appraisals unless purchased from our company. When we receive Merchandise that is, knotted and/or tangled and requires extraordinary effort to evaluate, we reserve the right to use an estimate to calculate the repair which may change during the final work
- Accepting Our Estimate
We will offer an estimate based on our determination of the length, size and labor involved in your repair. After our determination of the amount, we will notify you of the estimate by sending you (A) an email and/or (B) by providing an offer via telephone. You must accept our offer within six business days or, for your convenience, we will deem the offer accepted and put your repair in our queue for the work to be done.
- Rejecting Our Offer
Please call or email us to reject your offer. We will need to confirm the return address on your account to ensure the safe delivery of your items. We will ask you to pay return shipping and pay for any labor incurred assessing your jewelry.
In some cases, we will require a signature upon delivery. Upon delivery of returned Merchandise by the Carrier as indicated by the Carrier records, the Company assumes no further liability as to the loss of the Merchandise. You must notify us immediately of any change of address. We will not be responsible for the loss of your Merchandise if the Carrier is unable to deliver to the address on file.
- Return Policy; Satisfaction Guarantee
All repairs are final sale and cannot be returned for a refund. However, if you find The Pearl Girls did not do an acceptable job on the repair, please contact us to discuss how we may fix his for you.
For all new jewelry sales, you have 30 days to return unworn and undamaged jewelry for a full refund. We cannot refund any lost or stolen jewelry.
To take advantage of this Satisfaction Guarantee, you must contact the customer support team, personally, via email, phone or online contact form. Negative comments and complaints on social media platforms are not perceived as a return or bid for a return.
You can select one of the following methods of payment for your Merchandise ("Payment"):
- All major credit cards
- Limitations on Promotions
Promotions and bonuses are only redeemable once per customer per Transaction and may not be combined. Promotion benefits will not be awarded unless your Merchandise contains precious metal value.
- Electronic Communication and Signature
You consent to receive communications electronically from the Company. Specifically, you agree and consent to be contacted by us, our agents, employees, and affiliates through the use of email, instant messaging or live chat, and/or telephone calls and/or SMS/MMS text messages to your cellular, home or work numbers, as well as any other telephone number you have provided to us, including the use of automatic telephone dialing systems, autodialers, or an artificial or prerecorded voice. You may unsubscribe to our marketing emails at any time, however, you may not opt out of Transaction related emails. Telephone conversations with our employees, agents and independent contractors may be monitored and/or recorded.
If you have provided us an email address, you agree that any notices required by applicable federal or state law may be delivered electronically, to the extent permitted by law. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. For purposes of a Transaction, you agree that by clicking on or selecting a button or icon on Our Website, relating to any agreement, acknowledgment, consent, terms, disclosures or these terms and conditions, such selection constitutes your signature, acceptance and agreement as if actually signed by you in writing.
- Limitation of Liability
BY AGREEING TO THESE TERMS AND CONDITIONS AND/OR ENGAGING IN A TRANSACTION WITH US, YOU AGREE AND UNDERSTAND THAT THE LEGAL LIMIT OF OUR LIABILITY TO YOU FOR ANY CLAIM, LAWSUIT, ACTION, DISPUTE, CONTROVERSY OR OTHER MATTER YOU MAY ASSERT AGAINST US FOR LOST, DAMAGED, OR DESTROYED MERCHANDISE SHALL NOT EXCEED THE LESSER OF THE FAIR MARKET VALUE OF YOUR MERCHANDISE AS DETERMINED BY US OR $100 PER TRANSACTION. YOU AGREE AND UNDERSTAND THAT WE WILL NOT BE LIABLE FOR (A) ANY MONETARY, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE, OR OTHER SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST INCOME, REVENUE, PROFIT OR OPPORTUNITY, WHETHER OR NOT FORESEEABLE AND HOWEVER ARISING AND WHETHER BASED IN CONTRACT, EQUITY, TORT, STATUTE, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY; OR (B) CLAIMS, DEMANDS, OR ACTIONS FOR ANY SUBROGATION CLAIM BROUGHT BY YOUR INSURANCE CARRIER, AND YOU EXPRESSLY AND SPECIFICALLY WAIVE ANY SUBROGATION CLAIM ON YOUR BEHALF AS WELL AS ON BEHALF OF YOUR INSURANCE CARRIER. WE EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS OR GUARANTEES, WHETHER EXPRESS OR IMPLIED, THAT ARE NOT EXPRESSLY STATED HEREIN. EXCEPT AS EXPRESSLY PROVIDED HEREIN, WE DISCLAIM ALL, AND WILL NOT HAVE NOR ASSUME ANY LIABILITY, WHETHER ARISING IN CONNECTION WITH A TRANSACTION, THE USE OF OUR SERVICE, OUR WEBSITE(S) OR ANY MATERIALS PROVIDED BY US, THE LOSS OF ANY MERCHANDISE, OR FOR ANY OTHER REASON, INCLUDING, WITHOUT LIMITATION, OUR OWN INTENTIONAL, ACCIDENTAL OR NEGLIGENT ACTS OR OMISSIONS.
You agree to and will indemnify, defend and hold us harmless from and against any and all claims, lawsuits, investigations, disputes, controversies, judgments, liabilities, obligations and damages relating to or arising out of any (A) Transactions with us, (B) any noncompliance with these Terms and Conditions, or (C) the title to, ownership of or lien on any Merchandise offered for sale, sold or purported or arranged to be sold by you to us.
- Ownership of Merchandise
You agree and warrant that (1) you are at least eighteen (18) years of age; (2) you have good and marketable title to the Merchandise you send to us; (3) you have full authority to repair, sell and transfer said Merchandise; (4) you are the actual legal owner of any and all Merchandise offered to be repair or purchased by us; (5) you are acting on your own behalf, and not as another's agent or representative; (6) the Merchandise is free of all liens, encumbrances, liabilities, and adverse claims of every nature and description whatsoever; (7) your description of the Merchandise in the shipping materials you provide to us is accurate and complete; (8) your possession of the Merchandise is not from, or the result of, illegal activity in this country or any other country; (9) any Transaction initiated by you will not cause or result in violation of any anti-money laundering, anti-terrorism, or other applicable law of the U.S., any state or any foreign country by you or us; and (10) you will provide any documentation and/or information reasonably requested by us in connection with or related to you, the foregoing, the Merchandise or the Transaction.
- Compliance with State and Federal Regulations
The Pearl Girls, LLC is licensed in the State of Georgia and is governed by Georgia law.
COMPANY RESERVES THE RIGHT IN ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE TO TERMINATE A TRANSACTION. IF WE TERMINATE THE TRANSACTION, WE WILL SHIP YOUR MERCHANDISE BACK TO YOUR WITHIN 3 BUSINESS DAYS VIA THE SHIPPING METHOD OF OUR CHOICE.
In addition, we have an anti-money laundering compliance program under the USA PATRIOT Act. You may be asked for information to help us comply with our program and applicable laws and are required to do so in order to complete any Transaction.
We reserve the right to disclose your personally identifiable information upon request by a law enforcement and/or governmental agency, as required by law or when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order or legal process.
Any time frame set forth above may be extended in our discretion with or without notice to you in the event that we encounter technical difficulties concerning Our Website or otherwise, or encounter any other delays attributable to acts of God, including but not limited to fires, hurricanes, and other weather events.
Headings in these Terms and Conditions are for convenience only and shall not be used to interpret or construe the same. The invalidity, in whole or in part, of any provision of these Terms and Conditions shall not affect the validity of the remainder of the provisions of the Terms and Conditions.
- Governing Law
All transactions and services with Company shall be deemed to occur in the State of Georgia and be regulated thereby, regardless of where you may reside, be situated or access Our Website. The Transactions, services and all claims or causes of actions shall be governed, construed and enforced in accordance with Georgia law and applicable federal law, in accordance with the laws of the State of Georgia without reference to or application of Georgia's conflict of law principles.
- Waiver of Jury Trial; Choice of Forum
IF ANY CLAIM, ACTION OR LAWSUIT ARISES BETWEEN YOU AND THE COMPANY, YOU EXPRESSLY (A) WAIVE YOUR RIGHT TO A JURY TRIAL; AND (B) CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION AND VENUE OF EITHER THE STATE OR FEDERAL COURTS LOCATED IN CLARKE COUNTY, GEORGIA and you expressly agree that any such Court has personal jurisdiction over you. You waive all defenses of lack of personal jurisdiction and forum non-conveniens.
The Pearl Girls reserves the right to modify, alter or update these terms at any time. Such modifications shall be effective immediately upon posting. By continuing to use Our Website after we have posted such modifications or updates, you agree to be bound by the terms as revised.