This agreement describes the terms and conditions applicable to the bid or purchase of any and all items Black Market Jewelry sells on all internet sites where Black Market Jewelry conducts business. This document is a binding legal contract and is intended to protect the customer as well as Black Market Jewlery. Purchasing any item from Black Market Jewelry is hereby construed as acceptance of the terms and conditions set forth herein and all others enumerated and described on this web site.
Black Market Jewelry may amend this buyer's agreement at any time by posting the amended terms on our company website located at www.blackmarketjewelry.com All amended terms will automatically be effective one day after they are initially posted on our company website, unless otherwise stated within our Buyers Agreement. This agreement may not be amended for any reason, except in writing signed by both the customer and Black Market Jewelry.
Email is an easy and convenient means in which to contact us. However, it is not always a reliable means of communications and it should never be assumed that any email the customer sends to Black Market Jewelry has reached its intended destination, unless he/she receives a clear response regarding each individual email that he/she has sent. Sometimes emails are rejected by the host system for various reasons. Therefore, urgent and time sensitive communications should followed up via telephone or fax for all concerns or inquiries that require immediate attention. Our company attempts to answer all email that we receive with in 1 business day. Black Market Jewelry normally does not answer email on weekends, holidays or after normal business hours. If the customer does not get a response from us within 2 business days of his/her initial contact attempt then he/she should assume that the email has failed. If a customer's inquiry is of a nature that needs immediate attention, or the email has failed, he/she should promptly contact us by phone, FAX , U.S. Mail, or other mail carrier. For any form of time sensitive request, such as but not limited to, return authorization or refunds, we will extend the time period by two days when email fails where the customer must contact us phone or use snail mail. If you use U.S. Mail, or other carrier, the postmarked date will be considered the contact date.
Sending the proper payment is the buyer's responsibility. In the event the buyer over pays through no fault of Black Market Jewelry, we will first attempt to apply the over payment to any unpaid balances that may be due. If no other balances are due we will refund the over payment as follows; If payment was made by electronic means such as credit card, we will credit the amount of the over payment less any fees that Black Market Jewelry is charged by the processor and an additional $2.00 handling fee. If the over payment was made by check or money order, we will issue a check for the full amount of the over payment at no charge to you.
Black Market Jewelry attempts to display the finest quality images possible for items we sell. Black Market Jewelry sells what we consider to be the finest man-made and lab-created gems in the world. But all gems, natural or synthetic, are unique with patterns and shade and may vary considerably, although they will be of the same grade and value. We strive to provide our customers with photography and written descriptions that accurately depict the jewelry we sell. Our pictures are taken from different angles and distances in order to show the optimal view and are not to scale. Due to the many different sizes of monitors and their possible display resolutions, it is not possible to accurately determine the size of any object in any picture. It is also difficult to display the exact color of an item due to variations in computer monitors. The standard weight measurement for gemstones is in Carats (cts) and the standard dimension measurements are in Millimeters (mm). It is recommended that the customer becomes familiar with these standard jewelry measurement units to accurately determine the specifications of the merchandise Black Market Jewelry offers.
Black Market Jewelry is not responsible for the use or misuse of any of our products. Our maximum liability, in any event, will not be greater than the actual amount paid for the item, plus the normal shipping and handling fees.
Without limiting other remedies, we may immediately issue a warning; may terminate your transaction and refuse to provide any services to you; forfeit any and all rights for an exchange or refund for any reason including items lost in the mail and any undelivered goods: (a) if you breach this Agreement or the documents it incorporates by reference; (b) if you fail to pay in full within 5 days of purchase date for all items; or (c) You fail to contact us by the methods described in the "Contact and Communications" section of this document and give us an opportunity to correct the problem.
Any legal controversy or legal claim arising out of or relating to this Agreement, our services or products shall be resolved in the jurisdiction of Black Market Jewelry’s home office in Palm Beach, Florida . By making a purchase from Black Market jewelry, buyer agrees to submit to the jurisdiction of Palm Beach County , FL , and specifically waives any defense of lack of personal jurisdiction. Black Market Jewelry sets the sum of $500.00 as liquidated damages for breach of this agreement regarding charge backs as previously set forth. Access to Black Market Jewelry through the Internet shall not be construed as Black Market Jewelry’s purposeful availment of the privileges or benefits of doing business in any State or legal jurisdiction other than the State of Florida . This Agreement shall be governed by and construed in accordance with the laws of the State of Florida , without regard to it's conflicts or choice of laws principles. In any legal action arising out of or relating to this Agreement, our services or products, the courts of the County of Palm Beach, State of Florida, shall have sole and exclusive jurisdiction and venue, over such action, or if that court lacks subject matter jurisdiction, the United States District Court for the Southern District of Florida, shall have sole and exclusive jurisdiction and venue over such action.
This Agreement shall be governed in all respects by the laws of the State of Florida as such laws are applied to agreements entered into and to be performed entirely within Florida between Florida residents. We do not guarantee continuous, uninterrupted, or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or not enforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Black Market Jewelry, in our sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope, or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches by others.
Black Market Jewelry provides our customers with a good faith estimate of the value of all of our lab-created gem jewelry if that item of jewelry were made with natural stones of the same appearance and set in the same solid gold setting. Gems and jewelry appraisals and values are, however, subject to differing opinions and interpretations. Our best efforts go into our estimates and are based on the value of the gem, if natural, and of similar appearance and size.
