TERMS & CONDITIONS OF SALEThese Terms & Conditions of Sale (“Terms”) govern purchases made from Monaco Jewelers through www.monacojewelers.com (the “Website”) or by telephone through Monaco Jewelers at 949-489-3510. Please read these Terms carefully before placing an order. By placing an order through the Website or by telephone, you acknowledge that you have read, understood, and agreed to be bound by these Terms. 1. GENERAL INFORMATIONThese Terms apply to purchases of products from Monaco Jewelers (“Monaco Jewelers,” “we,” “us,” or “our”) made:
Our business address is: MONACO JEWELERS Unless otherwise stated, these Terms apply to Website and telephone purchases. Purchases completed entirely at our physical retail location may be subject to separate in-store terms and policies. The Terms applicable to your purchase are those in effect when your order is placed. Monaco Jewelers may modify these Terms from time to time. Changes will apply prospectively and will not alter the terms applicable to an order already accepted by Monaco Jewelers unless required by law or agreed to by the Customer. Use of the Website is also subject to our Privacy Policy and any other applicable policies posted on the Website. 2. PURCHASING ELIGIBILITYTo place an order with Monaco Jewelers, you must:
If you are under the applicable age of majority, a parent or legal guardian must make the purchase on your behalf. By placing an order, you represent that the information you provide is true, accurate, and complete. Monaco Jewelers reserves the right to refuse or cancel orders that we reasonably believe involve fraud, unauthorized payment activity, unlawful conduct, suspicious transactions, unauthorized resale activity, or a violation of these Terms. 3. PRODUCT AVAILABILITYAll merchandise is subject to availability. Because Monaco Jewelers offers individual, limited-quantity, estate, vintage, pre-owned, and unique merchandise, an item displayed on the Website may become unavailable before the Website has been updated. Placing an item in your shopping cart does not reserve the item. Submitting an order does not guarantee availability or constitute acceptance of the order by Monaco Jewelers. If an item becomes unavailable after you submit your order, Monaco Jewelers may cancel the affected portion of the order and refund or release any applicable payment authorization. Monaco Jewelers reserves the right to:
4. CUSTOMER ACCOUNTS & GUEST CHECKOUTCustomers may be permitted to create an account on the Website or complete a purchase using guest checkout. If you create an account, you are responsible for maintaining the confidentiality and security of your login credentials. You are responsible for activities conducted through your account unless you promptly notify Monaco Jewelers of unauthorized access. You agree to provide accurate, complete, and current information and to update your information when necessary. Monaco Jewelers may suspend or terminate an account if we reasonably suspect:
Personal information collected in connection with your account or purchase will be handled in accordance with our Privacy Policy. 5. PLACING AN ORDERWhen purchasing through the Website, you will generally:
When ordering by telephone, a Monaco Jewelers representative may complete some or all of these steps on your behalf based on the information you provide. You are responsible for reviewing all information before submitting an order. Submission of an order constitutes an offer to purchase the merchandise. It does not constitute acceptance of your order by Monaco Jewelers. 6. ORDER ACCEPTANCE & CANCELLATIONMonaco Jewelers reserves the right to accept, decline, hold, investigate, or cancel any order before shipment. An automated email, text message, payment authorization, order number, or other acknowledgment confirming that we received your order does not constitute acceptance of the order. An order is accepted when Monaco Jewelers confirms the sale or ships the merchandise, whichever occurs first. We may decline or cancel an order for reasons including, but not limited to:
If Monaco Jewelers cancels an order after payment has been collected, any amount properly due back to the Customer will be refunded to the applicable payment method. 7. PRICES, TAXES & SHIPPING CHARGESAll prices displayed on the Website are stated in U.S. Dollars, unless otherwise indicated. Monaco Jewelers reserves the right to change prices at any time before an order has been accepted. The price applicable to an accepted order will generally be the price confirmed by Monaco Jewelers at the time of acceptance, subject to correction of obvious errors. Applicable sales or use taxes will be calculated based on applicable law and the delivery destination. Shipping charges, when applicable, will be displayed during checkout, quoted by a Monaco Jewelers representative, or otherwise communicated before the order is finalized. Promotional pricing, discounts, free shipping offers, coupon codes, or other promotions may be subject to additional conditions and may be changed or discontinued at any time before an order is accepted. 8. PRICING & LISTING ERRORSMonaco Jewelers makes reasonable efforts to ensure that product information and pricing are accurate. However, errors may occasionally occur. If merchandise is mistakenly listed at an incorrect price or contains a material error in its description, specifications, availability, or other information, Monaco Jewelers reserves the right to correct the error and to refuse or cancel the affected order. If the correct price is higher than the price displayed when you submitted your order, Monaco Jewelers may:
Monaco Jewelers is not obligated to sell merchandise at a price that is clearly or materially incorrect because of a typographical, technical, system, data-entry, or other error. 9. PAYMENTMonaco Jewelers accepts the payment methods displayed on the Website or otherwise specifically approved by Monaco Jewelers at the time of purchase. All payments are subject to:
Submitting payment information authorizes Monaco Jewelers and its payment-processing providers to verify and process the payment necessary to complete your transaction. A temporary authorization or hold may appear on your payment account before the transaction is finalized. If your payment provider declines or fails to authorize the transaction, Monaco Jewelers is not responsible for delays or non-delivery resulting from that refusal. Monaco Jewelers may request additional identification or verification before accepting or shipping an order, particularly for high-value transactions. We reserve the right to cancel an order if requested verification cannot be completed to our reasonable satisfaction. 10. FRAUD PREVENTION & TRANSACTION VERIFICATIONBecause Monaco Jewelers sells high-value merchandise, orders may be subject to additional fraud and security review. By placing an order, you authorize Monaco Jewelers and its payment, fraud-prevention, shipping, and verification service providers to use information reasonably necessary to:
Monaco Jewelers may delay shipment while conducting reasonable verification procedures. 11. ORDER ACKNOWLEDGMENTAfter an order is submitted, Monaco Jewelers may send an acknowledgment by email, text message, telephone, or other electronic communication. The acknowledgment may contain an order number or other reference number. Please retain this information for future inquiries. An Order Acknowledgment merely confirms that Monaco Jewelers received the order and does not constitute acceptance of the order or create a binding obligation to sell the merchandise. 12. SHIPPING & DELIVERY12.1 Shipping DestinationsMonaco Jewelers may limit shipping to locations and addresses that we are able to verify and service. We reserve the right to refuse delivery to:
Available shipping destinations and methods may be updated from time to time. 12.2 Shipping MethodsAvailable shipping methods, estimated delivery times, and shipping charges will be displayed at checkout or communicated to you before shipment. Monaco Jewelers may select or change the shipping carrier when reasonably necessary to safely deliver the merchandise. Delivery estimates are estimates only and are not guaranteed unless Monaco Jewelers expressly agrees otherwise in writing. Processing or delivery may be delayed because of:
12.3 Signature RequiredBecause of the value of our merchandise, Monaco Jewelers may require an adult signature upon delivery. By providing a delivery address, you authorize delivery to an adult or authorized recipient at that address. A carrier's record of a signature or other approved proof of delivery at the shipping address will constitute evidence that the merchandise was delivered. 12.4 Insurance & Responsibility During DeliveryMonaco Jewelers will insure merchandise during shipment to the Customer when shipping is arranged by Monaco Jewelers. Responsibility for the merchandise transfers to the Customer or designated recipient upon confirmed delivery. If you designate another person as the recipient, delivery to and acceptance by that person will be treated as delivery to you. 13. RETURNS, EXCHANGES & LAYAWAYS13.1 Return PeriodEligible merchandise purchased through the Website or Customer Contact Center may be returned within ten (10) calendar days after delivery. The merchandise must satisfy all requirements of this Return Policy. 13.2 Return Authorization RequiredBefore returning merchandise, you must contact Monaco Jewelers at: 949-489-3510 and request a Return Authorization Number (RAN). Returns sent without prior authorization may be refused. Receiving a Return Authorization Number does not guarantee that the return will ultimately be approved. All returned merchandise remains subject to inspection. 13.3 Return Shipping & InsuranceThe Customer or Gift Recipient is solely responsible for all return shipping and insurance costs. Returned merchandise must:
Monaco Jewelers does not provide or reimburse return shipping or insurance costs unless Monaco Jewelers expressly agrees otherwise or determines that the return resulted from an error by Monaco Jewelers or qualifying defect. The Customer or Gift Recipient must retain all:
Monaco Jewelers is not responsible for merchandise that is lost, stolen, damaged, misdirected, or otherwise not received during return shipment. Responsibility for a return remains with the Customer or Gift Recipient until Monaco Jewelers receives the merchandise. Returns should be sent to: Monaco Jewelers 13.4 Condition of Returned MerchandiseReturned merchandise must be in the same condition in which it was delivered, with no additional wear, damage, modification, or alteration. Returns must include, as applicable:
Merchandise showing signs of additional wear, use, damage, alteration, or modification may be refused. 13.5 Personalized, Engraved & Modified MerchandiseUnless Monaco Jewelers determines that the merchandise is defective, merchandise that has been:
is not eligible for return or refund. 13.6 Watch Bracelet SizingIf Monaco Jewelers sizes or adjusts a watch bracelet at the Customer's request, all removed original bracelet links must be returned with the watch. Missing links or components may result in refusal of the return or an adjustment to any applicable refund or credit. 13.7 Quality Control InspectionAll returns are subject to inspection and Quality Control (“QC”) by Monaco Jewelers. If merchandise does not satisfy the requirements of this Return Policy, Monaco Jewelers may refuse the return and return the merchandise to the Customer or Gift Recipient. If the merchandise passes inspection, Monaco Jewelers will process the applicable refund, exchange, or merchandise credit. 13.8 RefundsFor an eligible return, a monetary refund may be issued only to the original Customer who purchased the merchandise. Gift Recipients are not entitled to a monetary refund but may be eligible for merchandise credit or exchange. Approved refunds will generally be returned to the original method of payment. Monaco Jewelers will make reasonable efforts to process approved refunds within ten (10) business days after the merchandise has been received, inspected, and approved. Your bank, credit card issuer, or payment provider may require additional time to post the refund. 13.9 Shipping ChargesOriginal shipping charges are non-refundable, except when Monaco Jewelers determines that:
Return shipping and insurance costs are also non-refundable unless Monaco Jewelers expressly agrees otherwise. 13.10 Returns to the Retail StoreEligible merchandise may be returned in person to: Monaco Jewelers Unless Monaco Jewelers expressly approves otherwise, merchandise returned directly to the retail location will be eligible for store merchandise credit only. Cash or credit card refunds will not ordinarily be issued for merchandise returned directly to the retail location. Store merchandise credit is not redeemable for cash. 13.11 ExchangesEligible merchandise may be exchanged for other Monaco Jewelers merchandise, subject to availability and approval. If the replacement merchandise is more expensive, the Customer or Gift Recipient must pay the difference. If the replacement merchandise is less expensive, an eligible Customer may receive a refund of the applicable difference. A Gift Recipient may receive merchandise credit. All merchandise submitted for exchange must satisfy the same conditions applicable to returns. 13.12 Canceled Layaways — 15% Restocking FeeA layaway represents a commitment to purchase merchandise that Monaco Jewelers removes or restricts from available inventory for the Customer. If a Customer cancels a layaway before completing the purchase, a restocking fee equal to fifteen percent (15%) of the total paid refund will apply. The restocking fee will be deducted from amounts otherwise eligible to be refunded or credited to the Customer. Any remaining eligible balance will be refunded or credited in accordance with Monaco Jewelers' applicable payment policies. The restocking fee applies to all Customer-requested layaway cancellations, except where Monaco Jewelers expressly agrees otherwise or where prohibited by applicable law. 13.13 Defective or Damaged MerchandiseMonaco Jewelers inspects merchandise and makes reasonable efforts to ensure that products meet our standards before shipment. If you believe merchandise arrived damaged or defective, contact Monaco Jewelers promptly at 949-489-3510. The merchandise may be returned for inspection. Monaco Jewelers will determine whether the condition qualifies as a defect. Normal wear and tear, accidental damage, improper use, neglect, mishandling, impact damage, water damage where not covered, or damage occurring after delivery will not be considered an original product defect. If Monaco Jewelers determines that merchandise was defective, Monaco Jewelers may offer, as appropriate:
14. REPAIRS & SERVICEFor repair or service inquiries, please contact Monaco Jewelers at: Phone: 949-489-3510 Repair, maintenance, warranty, or service work may be subject to separate estimates, authorizations, warranties, conditions, and charges. Customers should not send merchandise to Monaco Jewelers for repair without first contacting us for instructions. 15. GIFTSIf you purchase merchandise as a gift for another person (“Gift Recipient”), you may designate another person to receive the merchandise. Payment information will not ordinarily be included in the delivery package. A Gift Recipient's return and exchange rights are subject to the Return & Exchange Policy above. Gift Recipients are not entitled to monetary refunds and may instead be eligible for merchandise credit or exchange. 16. PRODUCT DESCRIPTIONS, PHOTOGRAPHS & CONDITIONMonaco Jewelers makes reasonable efforts to accurately describe and photograph the merchandise offered for sale. However, photographs and digital images may appear differently depending on:
Measurements, weights, dimensions, colors, gemstone weights, bracelet sizes, dates, reference information, and similar product details may sometimes be approximate unless expressly represented as exact. Many watches, jewelry pieces, and other items sold by Monaco Jewelers may be pre-owned, vintage, estate, discontinued, or otherwise not newly manufactured. Such merchandise may exhibit age-appropriate characteristics or previous wear consistent with its disclosed condition. Customers should carefully review the individual product description, photographs, condition information, and disclosures before purchasing. If there is a material conflict between a general statement in these Terms and a specific written disclosure concerning a particular piece of merchandise, the specific product disclosure will control with respect to that characteristic. 17. WEBSITE & INFORMATION ERRORSWhile Monaco Jewelers makes reasonable efforts to provide accurate Website information, we do not guarantee that all Website content will always be complete, current, or error-free. The Website may occasionally contain:
Monaco Jewelers reserves the right to correct such errors and update information at any time. If a material error affects an order, Monaco Jewelers may contact the Customer for instructions or cancel the affected order. 18. ENTIRE AGREEMENTThese Terms, together with the Privacy Policy, Return Policy, applicable product disclosures, order confirmations, and other policies expressly incorporated into the transaction, constitute the agreement between the Customer and Monaco Jewelers concerning purchases made through the Website or Customer Contact Center. These Terms supersede prior communications or representations concerning the same subject matter, except for a separate written agreement expressly authorized by Monaco Jewelers. No oral statement by an employee or representative will modify these Terms unless the modification is confirmed in writing by an authorized Monaco Jewelers representative. 19. NO WAIVERIf Monaco Jewelers does not immediately enforce a provision of these Terms, that does not constitute a waiver of our right to enforce that provision later. A waiver relating to one transaction or violation will not constitute a waiver relating to any other transaction or violation. 20. SEVERABILITYIf any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law or severed to the extent necessary. The remaining provisions will continue in full force and effect. 21. GOVERNING LAW & ARBITRATIONPLEASE READ THIS SECTION CAREFULLY. IT AFFECTS HOW DISPUTES BETWEEN YOU AND MONACO JEWELERS MAY BE RESOLVED. These Terms and any purchase made through the Website or Customer Contact Center will be governed by the laws of the State of California, without regard to conflict-of-law principles, except to the extent otherwise required by applicable law. Except for claims that qualify for small claims court or where otherwise prohibited by applicable law, any dispute, controversy, or claim arising out of or relating to:
will be resolved through binding arbitration administered by the American Arbitration Association (“AAA”) under the AAA's applicable Consumer Arbitration Rules and Mediation Procedures in effect at the time the claim is filed. Arbitration will take place in San Juan Capistrano, California, unless applicable law, the AAA Rules, or an agreement between the parties requires or permits another location or remote proceeding. The arbitrator will have authority to determine the dispute and provide any remedy available under applicable law within the scope of the arbitration agreement. Arbitration filing, administrative, and arbitrator fees will be allocated in accordance with the applicable AAA rules and applicable law. Nothing in this section prevents either party from bringing an individual claim in small claims court if the claim qualifies for that court. 22. CONTACT INFORMATIONQuestions regarding these Terms, an order, return, exchange, repair, or other transaction may be directed to: MONACO JEWELERS Phone: 949-489-3510 Website: https://www.monacojewelers.com/ |