The following terms and conditions and any other related rules that are adopted by Chael LC and made available as provided herein (collectively, the “Conditions of Sale”) shall apply to all sales of products that you (the “Customer” or “you”) may order from Chael LC, a limited liability corporation organized and existing under the laws of Georgia and having its headquarters in Cumming, Georgia, U.S.A. (“Chael”, or referred to herein as “us”, “our” or “we”) on the Internet via the Chael website, identified by the domain name www.chaeljewelry.com, and any associated mobile or digital applications that refer to these Conditions of Sale (together, the “Platform”) or by phone (404.697.3389) via the client relations center of Chael (the “Client Relations Center”).
These Conditions of Sale apply only to sales made through the Platform or by phone directly through the Client Relations Center by individuals who are citizens of, or residents living in, the continental United States of America at the time of placing the order. The Conditions of Sale applicable to any order placed through the Client Relations Center or the Platform are those in force at the time that an order has been placed on your behalf by a Chael Ambassador (in the case of an order placed through the Client Relations Center) or at the time you place your order (in the case of an order placed through the Platform). In the case of an order placed through the Platform, when you check the “I have read and I accept the Conditions of Sale” box at the payment section of the Platform before placing your order with Chael, you indicate your acceptance of these Conditions of Sale. If you refuse to accept these Conditions of Sale, you will not be able to order any Chael products from the Platform or the Client Relations Center. Sales conducted through the Chael e-commerce boutique (a “Chael”) and/or authorized retailers are not subject to these Conditions of Sale.
Please read the Conditions of Sale and check our Platform on a regular basis to be informed of any changes. Chael may modify the Conditions of Sale from time to time, at its sole discretion, and your continued use and/or registration following such change will signify your agreement to be bound in the future by the modified Conditions of Sale. If you are placing an order through the Platform, then by checking the “I have read and I accept the Conditions of Sale” box and placing your order, you will be indicating your agreement to be bound by the Conditions of Sale as so modified through such time. Persons wishing to use the Client Relations Center or the Platform will also be deemed, by virtue of such use, to have agreed to be bound by our Platform Terms of Use and our Privacy Policy, which are incorporated into these Conditions of Sale by reference. Customers using the Client Relations Center will be provided with access to our Privacy Policy as set forth in “Acknowledgment of Order” below. If you do not agree to any change to the Conditions of Sale, then you must immediately contact the Client Relations Center to cancel your registration and refrain from ordering any Chael product through the Client Relations Center or the Platform.
Eligibility For Purchase
Only individuals (and not legal entities) who (a) have reached eighteen years old, (b) have the legal capacity to enter into contracts and (c) are citizens of or residents living in the continental United States of America, Alaska, Hawaii or the District of Columbia may order products through the Client Relations Center or on the Platform. If you are under the age of majority or otherwise cannot lawfully enter into a contract, you must have your parent or guardian place an order on your behalf and thereby assent to these Conditions of Sale. Any orders placed in violation of this provision shall be null and void.
By placing an order through the Client Relations Center or on the Platform, you represent and warrant that you are a bona fide end-user customer and will not deliver, sell or otherwise distribute Chael products or purchase Chael products for commercial purposes or any other commercial benefit.
Product Availability
All orders placed on the Platform are subject to availability and acceptance by Chael.
Chael reserves the right to change the assortment of items offered on the Platform or through the Client Relations Center and may limit from time to time the quantity of Chael products that may be ordered by a Customer in a single buying session, without prior notice. Chael further reserves the right to refuse at any moment in time, without prior notice, orders exceeding a certain number of authorized products. Currently, orders may not exceed three (3) products in any buying session on the Platform or through the Client Relations Center. Additionally, certain products shown may not be available for sale and delivery in some states.
The Client Relations Center and the product pages on the Platform can provide you with information regarding products that are currently available for sale through those channels. Please note that only merchandise displaying an “Add to Shopping Bag” icon is available for sale through the Platform. You may also call the Client Relations Center and a Chael Ambassador will provide you with further information as to product availability and assist you with your purchase.
Purchasing
Before purchasing a piece of jewelry from Chael, ensure you are aware of the following:
You have to pay shipping or transportation costs and, where applicable, any additional import costs (e.g. VAT, import levies). You also acknowledge and accept that you are responsible for checking if there is any specific rule or restriction applicable to the import of an object into your country. Chael will not be liable for any such specific rules or restrictions.
Assistance with further identification or other compliance measures. To buy through Chael, we may ask you to provide additional identification information, or assist with any additional measures requested by Chael to comply with applicable law, including any economic sanctions laws and regulations applicable to Chael. You are obliged to comply with them, and understand and agree that any refusal of such information or measures shall excuse Chael's non-performance of any Services.
Checkout
When placing an order on the Platform you will be required to provide other personal information as applicable, such as shipping address, billing address, and payment details. Additional information may be collected by Chael or its third-party providers at this time for security and anti-fraud purposes.
You represent and warrant that the personal information you provide to the Client Relations Center or via the Platform is true, valid, complete, and up-to-date in all respects, and you confirm that you are the person referred to in the shipping (unless the item is a gift) and billing information provided.
Should any of the information you provide to the Client Relations Center or on the Platform change, please log in to your account and update such information directly on the Platform, inform the Client Relations Center or notify Chael at the following e-mail address: chaeljewelry@gmail.com or as set out in our Privacy Policy.
Orders
If you are ordering on the Platform, orders will be processed as follows: Once you have chosen a product, click on the “Add to Cart” icon to place this product in your shopping bag. You may then decide to continue shopping for other products and add them to your shopping bag (subject to availability and quantity limits) or proceed to “Go to Checkout” by clicking on this button. You may also remove one or several products you have selected by clicking on "X" next to the chosen product in the Shopping Bag. Once on the payment page, enter your email and check the box next to "I agree with Terms and conditions, Return Policy, Shipping & Payment Info, Privacy Policy." Continue to follow the instructions to enter your name, address, and free shipping. Add your payment method and review your order details and personal information (including email, shipping address, billing address, and payment information). Then, click on “Pay Now” to place your order.
Notwithstanding anything to the contrary provided for herein, Chael reserves the right to refuse, cancel and terminate orders at any moment in time. For example, Chael may refuse, terminate or cancel your order if there is an ongoing dispute concerning payment of a prior order or if Chael suspects, in its sole discretion, that you have engaged in fraudulent or grey market activities or have otherwise violated these Conditions of Sale.
All prices shown on the product pages of the Platform or quoted by the Client Relations Center are in U.S. Dollars.
Prices, Tax, and Shipping Costs
Chael reserves the right to modify prices and costs at any time without prior notice.
Actual shipping costs and applicable taxes will be reflected on your payment page before you are asked to confirm and place your order (in the case of a Platform order) and will also be reflected in the Confirmation of Order. Delivery costs, if any, are described in the shipping policy set forth below. Sales and use taxes will vary based on the location to which products are being shipped. Delivery costs and estimated sales and use taxes are not stated on the product pages but will be added to the product price, if applicable after you have chosen your delivery location and options.
The actual sales tax associated with your purchase will be calculated at the time when your order is to be shipped, at which point you will receive a Confirmation of Order. Please note that changes to applicable law between the date your order is placed and the date you are sent a Confirmation of Order may result in changes to the sales tax associated with your purchase. If the resulting change is an increase in the sales tax you are charged, we will contact you and ask that you reconfirm your purchase.
Payment By Credit Card
Chael accepts all major debit and credit cards from customers around the world as accepted by Stripe.
When ordering on the Platform, you will need to enter your payment details on the appropriate form. In the case of an order placed by telephone, you will need to communicate to the Client Relations Center your credit/debit card number and your three- or four-digit security code that is printed on the back or the front of your card (CVV2/CVC2/CID). Your telephone conversation will be recorded for security and quality control purposes. Any telephone conversation recorded by our Client Relations Center that contains your credit card information will be fully encrypted and only used to process card transactions.
All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to Chael, you will need to contact your card issuer directly to solve this problem, and Chael will not be liable for any delay or non-delivery.
In order to process your order, we may perform security checks on your credit card. The full amount of your purchase will be blocked on your credit card until your order is approved by Chael, and your credit card will be charged the applicable purchase price once your order has shipped. By submitting an offer to purchase Chael products on the Platform or through the Client Relations Center, you expressly authorize Chael to perform such security checks, where Chael deems necessary, to transmit or to obtain information (including any updated information) about you or from third parties from time to time, including but not limited to your credit card number, to authenticate your identity, to validate your credit card, to obtain a credit card authorization and to authorize individual purchase transactions.
Chael takes precautions — including administrative, technical, and physical measures — to safeguard your personal information against loss, theft, and misuse, as well as against unauthorized access, disclosure, alteration, and destruction. Unfortunately, transmitting information over the Internet is not completely secure. Although we will implement appropriate measures to protect your personal information, we cannot guarantee the security of the data you transmit; any transmission is at your own risk and we cannot be held liable. For more information about how we use and protect your information please view our Privacy Policy.
Chael is prohibited under U.S. law from making sales of its goods to individuals or companies designated on the Office of Foreign Assets Controls (“OFAC”) Specially Designated Nationals (“SDN”) List, or to country destinations sanctioned by the U.S. Any such transactions will be declined.
Review and Confirmation
You should carefully check and confirm all details on the payment page before placing your order through the Platform, including without limitation the particulars of each sale. In the case of an order being placed through the Client Relations Center, the Chael Ambassador may verbally ask you to confirm the details of your order.
Acknowledgment of Order
Once you have made your choice and your order has been placed on the Platform, you will receive an Acknowledgment of Order by email, acknowledging the details of your order. This Acknowledgment of Order will contain an Order Reference Number assigned by Chael. Please make sure that you save this Order Reference Number for any future inquiries regarding your order. This Acknowledgment of Order is not an acceptance of your order. Following the transmission of the Acknowledgment of Order, Chael will conduct its usual credit, anti-fraud, security, and related legal checks and, if acceptable, will then process your order. These Conditions of Sale will be provided to you with the Acknowledgement of Order through either email link or pdf. Please carefully review these Conditions of Sale upon receipt.
Confirmation of Order
Upon shipment of your order, following completion by Chael of its anti-fraud, security, and related legal checks, Chael will send you by email a written Confirmation of Order. The written Confirmation of Order constitutes the acceptance of your order by Chael and indicates the existence of a binding sales contract.
Proof of Agreement
The Acknowledgement of Order and Confirmation of Order that is sent to you by email is deemed to be received when you are able to access them on your computer, mobile, or handheld device. The Confirmation of Order and any automatic recording systems used by the Client Relations Center or the Platform will be proof of a binding agreement between you and Chael.
Complimentary Services
The following complimentary services may be offered, free of charge, on the Platform or by the Client Relations Center Ambassador: Free shipping via FedEx, Gift wrap, Chael bag, and Chael curated packaging. Packages are delivered gift wrapped, with a Chael box and in Chael special packaging (where applicable).
Shipping
Chael does not ship to PO boxes, APO/FPO addresses, or hotels.
We will use reasonable efforts to ensure the following estimated delivery lead times from the date of your order:
Standard 2-3 Day* Shipping Via FedEx - Free of Charge
Express 1-2 Day* Shipping Via FedEx - Free of Charge (Service not available for delivery in all areas of Alaska and Hawaii)
*Saturday and U.S. federal holidays will not be considered regular business days with respect to estimated delivery lead time. Delivery on Saturday may however be proposed as a service to specific zip codes by the Client Relations Center. This service as well as express shipping may incur more specific charges. Please contact the Client Relations Center for more specific information. When estimating package delivery time, please allow time for credit approval, address verification, and order processing. Once the order is processed and ready for shipment, we will send you the Confirmation of Order by email. When ordering on the Platform or through the Client Relations Center, you will receive an email notification with the tracking information related to the delivery of goods. Each delivery package will contain, in addition to your purchased Chael product: (1) all related accessories, if any; (2) Product User Guide, as applicable, and the Warranty Card and/or Certificate of Authenticity, as applicable; (3) the return/exchange form and pre-paid return label and (4) the packing slip without price. When ordering products on the Platform or Client Relations Center, you will receive an invoice that will be sent to your email address as a .pdf attachment. You may also at any time later request an invoice by calling the Client Relations Center. Please note that Chael may request that you provide proper identification as a condition for complying with such request.
Chael ensures each purchase during the time it is in transit until it is delivered to you. We require a signature by an adult to confirm your acceptance of each Chael product delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you understand and accept that evidence of a signature by such recipient (or at that delivery address) is evidence of delivery and fulfillment of the sale contract by Chael and transfer of responsibility to the recipient in the same way as if the product had been delivered to you.
Return Policy
Returns of Chael products that are not in compliance with the conditions and timeframes set forth below may be rejected by Chael and will be sent back to the Customer or Gift Recipient, as the case may be.
-Return Period: You are to initiate a return within the first three (3) days of package delivery by emailing chaeljewelry@gmail.com. Once Chael acknowledges your return request by responding to your email, the Chael creations purchased through the Chael e-boutique are to be returned for a refund within seven (7) days of Chael's acknowledgment email. Please allow up to fourteen (14) business days for a full refund, if applicable. Merchandise must be presented in its original packaging and accompanied by the appropriate sales receipt. Engraved, embossed, special order, personalized, made-to-order creations and items that show signs of wear cannot be returned. All returns are subject to the further terms and conditions set forth below.
-Return Process: Products that have been purchased on the Platform or through the Client Relations Center may be returned to the Chael e-Boutique distribution center at the following address: Chael LC Attention: Chael Returns, 216 Atlanta Road, Ste F #2024, Cumming, GA 30040. Products that have not been purchased on the Platform or through the Client Relations Center may NOT be returned to the Chael e-Boutique distribution center.
Conditions to Return a Product
Chael products must be returned in a new and unused state, in perfect condition, with all protective materials in place and tags and stickers attached to them (if applicable), as well as with the original Chael case and delivery package, including all accessories and documents. Chael will not accept any return if the product shows signs of wear or has been used or altered from its original condition in any way. Watch bracelets that have been adjusted at the Customer’s request must be returned with the exact same number of links as in the original delivery package. Engraved or embossed products, as well as a special order, personalized and made-to-order creations, cannot be returned to Chael for a refund. All returns will be subject to strict Quality Control (QC) by Chael to ensure that the returned products satisfy these requirements. If the products do not meet QC standards, Chael will refuse the return, and the products will be sent back to the Customer or the Gift Recipient, as applicable. If the returned product satisfies Quality Control (QC), Chael will proceed with the applicable refund.
Refunds
Please allow up to fourteen (14) business days for a full refund, if applicable a Customer’s return complies with the return policy, Chael will use reasonable efforts to credit the refund to the Customer’s credit card no later than fourteen (14) days after receipt of the returned item by the Chael e-Boutique distribution center. Except for delivery of a defective product, initial shipping charges will not be refunded to the Customer.
Defective Products
Chael is extremely cautious in ensuring that each product strictly complies with our quality criteria and that it has passed all our controls, both technical and aesthetic. If nevertheless, you receive a product that seems to be damaged, you may return it to Chael in accordance with the return policy. Upon receipt, Chael may classify the returned product as a defective product. Please note that items that are damaged as a result of wear and tear are not considered to be defective. If your product is declared as defective by Chael, the following solutions will be proposed to the Customer or the Gift Recipient, as applicable: Chael may propose an exchange for another Chael creation of equivalent or higher value, in which case the initial price will be deducted and you will be required to pay only the difference, only you, as the Customer, may request a refund of the full price of your initial purchase.
Repairs
Chael does not perform repairs after the purchase of items. Please contact your local jeweler.
Product Descriptions
We try to ensure that any information, including product descriptions, dimensions, and colors, provided on all platforms, in advertisements and catalogs, or supplied by the Client Relations Center, is accurate and complete. However, we make no guarantees, whether express or implied, in relation to the accuracy, reliability, or completeness of such information. In particular, any product description and information concerning the weight of precious materials, number of stones and carats, product dimensions, etc., is provided as an indication only and may vary slightly. For jewelry, this product information uses metric size 52 for rings and metric size 17 for bracelets.
Limitation of Liability
To the fullest extent permitted by applicable law, we disclaim and exclude all other terms, conditions, and warranties in relation to the products and any orders placed through the Platform or Client Relations Center, whether express or implied by statute or otherwise or arising from any previous course of dealing or usage or trade practice. Nothing in these Conditions of Sale limits or excludes our liability for any liability that cannot be limited or excluded by applicable law. Subject to the preceding sentence, our aggregate liability to you under these Conditions of Sale for any order whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages shall in no event exceed the one hundred percent (100%) of the price of the product(s) in your order. Please note that in some jurisdictions, including the State of New Jersey, USA, consumer protection laws do not allow certain exclusions or limitations of warranties or liabilities, and consequently, some of the above exclusions and limitations do not apply.
General Provisions
If any provision or part of a provision, of these Conditions of Sale is deemed to be illegal, invalid, or unenforceable, the remainder of the provisions of these Conditions of Sale shall be unaffected and shall continue to be fully valid, binding, and enforceable. These Conditions of Sale (and associated terms incorporated by reference) constitute the entire agreement between you and us in relation to the order of products or services and replace and extinguish all prior agreements, draft agreements, arrangements, undertakings, or collateral contracts of any nature made by the parties, whether oral or written, in relation to such subject matter. We are not responsible for any failure or delay in performing or complying with our obligations under these Conditions of Sale which arise from any cause beyond our reasonable control. The waiver by us of a breach of any provision of these Conditions of Sale will not operate to be interpreted as a waiver of any other or subsequent breach. This contract is between us and you. No other person shall have any right to enforce any of its terms. However, if you purchase a product as a gift, the recipient of your gift will have the benefit of the applicable Chael Guarantee.
Governing Law
These Conditions of Sale shall be governed by and construed in accordance with the Federal Arbitration Act and, where applicable, the laws of the State of Georgia, without reference to conflict of laws provisions. Any dispute, controversy, or claim to arise out of or related to the Conditions of Sale, including the validity, invalidity, breach, or termination of the Conditions of Sale, or to any product purchased from Chael through the Platform or Client Relations Center, will be resolved by binding arbitration, rather than in court, except that a consumer or Chael may assert claims in small claims court if such claims qualify. You understand and agree that you are waiving your right to sue or go to court to defend your rights, including a trial by jury, under these Conditions of Sale. In addition, you and Chael understand and agree that the parties will pursue any dispute on an individual basis. The arbitrator is empowered to resolve the dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other consumer. You and Chael agree that each may not bring a claim against the other as part of any class action, class arbitration, or other representative proceeding. The arbitration will be conducted in the state and county where you reside (as determined by your address on file with Chael) or at the consumer’s election, Atlanta, Georgia, by the American Arbitration Association (“AAA”) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules.
Before bringing any dispute in arbitration, you and Chael agree that you will first notify the other party and make reasonable efforts for a period of thirty (30) days to resolve amicably any dispute or failure to agree that may arise out of or relate to the product, the Conditions of Sale or any potential or alleged breach thereof. This requirement is a pre-condition, and no claim shall be filed in arbitration (or small claims court) until this provision is first met.