The following terms and conditions and any other related rules that are adopted by Monaco Jewelers and made available as provided herein (collectively the “Conditions of Sale”) shall apply to all sales of Monaco Jewelers products that you (the “Customer” or “you”) may order from Monaco Jewelers, a limited partnership organized and existing under the laws of California and having its headquarters at 33955 Doheny Park Road, San Juan Capistrano, CA 92675, U.S.A (“Monaco Jewelers” or referred to herein as “us”, “our” or “we”) either (a) by phone (1-949-489-3510) via the customer contact center of Monaco Jewelers (the “Customer Contact Center”) or (b) on the Internet via Monaco Jeweler’s Website, identified by the domain name “www.monacojewelers.com” (the “Website”).
These Conditions of Sale apply only to sales made through the Customer Contact Center or the Website. Sales conducted through the Monaco Jeweler's retail location are not subject to these Conditions of Sale.
2. PURCHASING ELIGIBILITY
Only individuals (and not legal entities) who (a) have reached the age of majority (eighteen in most states), (b) have 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 Customer Contact Center or on the Website. 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 contravention to this provision shall be null and void. By placing an order through the Customer Contact Center or on the Website, you represent and warrant that you are a bona fide end-user customer and will not deliver, sell or otherwise distribute Monaco Jewelers products or purchase Monaco Jewelers products for commercial purposes or any other commercial benefit. If Monaco Jewelers believes, in its sole discretion, that an order would violate the terms of the preceding sentence or that Customer is engaging in fraudulent or grey market activities, then Monaco Jewelers may refuse such order.
3. PRODUCT AVAILABILITY; QUANTITY
All orders placed through the Customer Contact Center or on the Website are subject to availability and acceptance by Monaco Jewelers.
Monaco Jewelers reserves the right to change the assortment of items proposed on the Website or through the Customer Contact Center and may limit from time to time the quantity of Monaco Jewelers products that may be ordered by a Customer in a single buying session. Currently, orders may not exceed five (5) products in any buying session on the Website. The Customer Contact Center and the product pages of the Website can provide you with information regarding products that are currently available for sale through those channels. Please note that only those creations displaying a “details and purchase” button are available for sale through the Website. Monaco Jewelers reserves the right to change from time to time the assortment of items offered on its product pages. You may also call the Customer Contact Center (1-949-489-3510) and a Monaco Jewelers employee will provide you with further information as to product availability and assist you with your purchase.
4. ACCOUNT REGISTRATION; PERSONAL INFORMATION; GUEST CHECKOUT
In order to place an order through the Customer Contact Center or on the Website, you or the Monaco Jewelers Employee (on your behalf) may either register and create an online account on the Website, or place an order as a guest without creating an online account by selecting the "Guest Checkout" option that is only available on the Website. In order to register an online account, you will be required to provide valid and up-to-date personal information, such as your legal name, phone number and e-mail address, and to confirm that you have reached the age of majority. Upon completion of your account registration on the Website or by the Monaco Jewelers employee, you will receive by email a one-time password, which will allow you to log in to your account on the Website and create a permanent account login and password. You will also receive a second email summarizing the personal information you provided in registering for your online account. You are responsible for ensuring that your password and account login are kept secret, safe and secure at all times. Monaco Jewelers will not be held responsible or liable for any misuse of your account resulting from a third party’s access to and use of your password and account login.
If you are ordering on the Website, orders will be processed as follows: Once you have chosen a product, click on the “Add to Cart” button to place this product in your shopping cart. You may then decide to continue shopping for other products and add them to your shopping cart (subject to availability and quantity limits) or proceed to “Checkout” by clicking on this button. You may also remove one or several products you have selected by clicking on "Delete" next to the chosen product in the Shopping Cart. When you have completely reviewed your order, check the box next to “I accept” to indicate your agreement to be bound by these Conditions of Sale, and then click on the "Confirm and place order" button on the Website to place your order.
When ordering by telephone through the Customer Contact Center (1-949-489-3510), a Monaco Jewelers employee will follow the order process on your behalf.
When placing an order through the Customer Contact Center or on the Website, you will be required to provide other personal information as applicable, such as shipping address, billing address and payment details. You warrant that all personal information given to Monaco Jewelers is true and correct to the best of your knowledge. Monaco Jewelers or its third party providers may collect additional information at this time for security and anti-fraud purposes. Notwithstanding anything to the contrary provided for herein, Monaco Jewelers reserves the right to refuse, cancel and terminate orders at any moment in time. For example, Monaco Jewelers may refuse, terminate or cancel your order if there is an ongoing dispute concerning payment of a prior order or if Monaco Jewelers suspects, in its sole discretion, that you have engaged in fraudulent or grey market activities or have otherwise violated these Conditions of Sale.
6. PRICES, TAX AND SHIPPING COSTS
All prices shown on the product pages of the Website or quoted by the Customer Contact Center are in U.S. Dollars. Monaco Jewelers reserves the right to modify prices and delivery costs at any time without prior notice. The price of a product and delivery costs displayed on the Website or quoted by the Customer Contact Center, at the time Monaco Jewelers provides you with a Confirmation of Order, will be honored by Monaco Jewelers. Actual shipping costs and applicable taxes will be reflected on your order page before you are asked to confirm and place your order (in the case of a Website order), or will be quoted by the Customer Contact Center (in the case of a telephone order), and will also appear on your Confirmation of Order and invoice (if you choose to receive an invoice). 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 sales and use taxes are not stated on the product pages but will be added to the product price after you have chosen your delivery 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.
7. REVIEW AND CONFIRMATION
You should carefully check all details before placing your order through the Customer Contact Center or on the Website, including without limitation the particulars of each sale, which will be provided by the Monaco Jewelers employee (in the case of an order being placed through the Customer Contact Center) or the Website (in the case of an order being placed through the Website).
8. PAYMENT BY CREDIT CARD
Monaco Jewelers accepts the following credit cards: Visa, MasterCard, American Express, and Discover. Cards issued by banks domiciled outside the United States of America will not be accepted. When ordering on the Website, you will need to enter your payment details on the appropriate form. If you order by telephone, you will need to communicate to the Customer Contact Center your credit 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 may be recorded for security and quality control purposes. Any telephone conversation recorded by our Customer Contact Center that contains your credit card information will be fully encrypted and only used to process card transactions.
All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to Monaco Jewelers, you will need to contact your card issuer directly to solve this problem, and Monaco Jewelers will not be liable for any delay or non-delivery.
In order to process your order, we may perform a pre-authorization of your credit card. The amount of your purchase will be blocked on your credit card until your order is shipped to the shipping address you have provided to Monaco Jewelers, at which time you will be sent a Confirmation of Order and your credit card will be charged the applicable purchase price. By submitting an offer to purchase Monaco Jewelers products on the Website or through the Customer Contact Center, you expressly authorize Monaco Jewelers to perform such credit card pre-authorization and, where Monaco Jewelers deems necessary, to transmit or to obtain information (including any updated information) about you to 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 an initial credit card authorization and to authorize individual purchase transactions.
In order to secure your transaction and prevent fraud, Monaco Jewelers will perform a credit card and anti-fraud check. By placing your order, you will be deemed to have authorized Monaco Jewelers to perform such checks and, where Monaco Jewelers deems necessary, from time to time to transmit or obtain information that you have provided to Monaco Jewelers about you in order to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and to authorize a particular purchase transaction.
9. ACKNOWLEDGMENT OF ORDER
Once you have placed your order through the Customer Contact Center or on the Website, you will receive an Acknowledgment of Order by fax or email acknowledging the details of your order. This Acknowledgment of Order will contain an Order Reference Number assigned by Monaco Jewelers. 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, Monaco Jewelers will conduct its usual security and anti-fraud checks and then process your order. When ordering by telephone through the Customer Contact Center, you will also receive by fax or email these Conditions of Sale along with the Acknowledgment of Order. Please carefully review these Conditions of Sale upon receipt.
10. CONFIRMATION OF ORDER
Upon shipment of your order, following completion by Monaco Jewelers of its anti-fraud and security checks, Monaco Jewelers will send you by email or by fax a written Confirmation of Order. The Confirmation of Order constitutes the acceptance of your order by Monaco Jewelers and indicates the existence of a binding sales contract.
11. SHIPPING POLICY
We only accept orders for delivery to addresses in the continental United States, Alaska, Hawaii and the District of Columbia. Please note that Monaco Jewelers does not ship to PO boxes, APO/FPO addresses or hotels.
Delivery costs will be assessed by Monaco Jewelers and will be added to the price of the Monaco Jewelers products themselves. The cost of delivery shall be calculated according to the purchase value of your order as indicated in these Conditions of Sale.
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 or by fax.
We will use reasonable efforts to ensure the following estimated delivery lead times from the date of your order:
||Carrier to be Determined
||If you wish to have your order delivered in less than 2 Business Days*, please check feasibility with your Monaco Jewelers employee for special arrangements.
*Saturday will not be considered as a regular business day with respect to estimated delivery lead time. Delivery on Saturday may however be proposed as a service to specific zip codes by the Customer Contact Center. Please contact the Customer Contact Center (1-949-489-3510) for more information.
Please note that in exceptional cases, express delivery may be delayed if you have requested bracelet adjustment or engraving. In such cases, the Customer Contact Center will contact you to propose other arrangements.
Each delivery package will contain, in addition to your purchased Monaco Jewelers product: (i) all related accessories, if any, (ii) the Product Manual, as applicable, and the Certificate of Authenticity and Warranty Card; (iv) these Conditions of Sale; and (v) the packing slip without price.
When ordering products on the Website or through the Customer Contact Center, you, as the Customer, will have the option to choose whether you wish to receive an invoice to your billing address by regular mail. If you decide at this moment that you do not want to receive an invoice, you may at any time later request an invoice by calling the Customer Contact Center (1-949-489-3510). Please note that Monaco Jewelers may request that you provide proper identification as a condition to complying with such request.
Monaco Jewelers insures 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 Monaco Jewelers 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 Monaco Jewelers and transfer of responsibility to the recipient in the same way as if the product had been delivered to you.
12. RETURN POLICY
In order to ensure your total satisfaction, a Customer or a recipient of a gift of Monaco Jewelers products (a “Gift Recipient”) may return Monaco Jewelers products in accordance with the return and exchange policy set forth below. Returns of Monaco Jewelers products that are not in compliance with the conditions and time frames set forth below may be rejected by Monaco Jewelers and will be sent back to the Customer or Gift Recipient, as the case may be.
12.1. Return Period
Monaco Jewelers allows the Customer or Gift Recipient to return Monaco Jewelers products purchased on the Website or through the Customer Contact Center within five (5) days following receipt, but subject to the further terms and conditions set forth below.
12.2. Return Process
Products that have been purchased on the Website or through the Customer Contact Center may be returned to the Monaco Jewelers distribution center, at the following address: Monaco Jewelers, Attention: E-Commerce Returns, 33955 Doheny Park Road, San Juan Capistrano, CA 92675; or at the Monaco Jewelers retail location at the same address.
If a Customer or Gift Recipient wishes to return a product to the Monaco Jewelers distribution center, then such person must comply with the following steps:
i) Call the Customer Contact Center at 1-949-489-3510 to request a Return Authorization Number (RAN). This number is required prior to returning any product to Monaco Jewelers,
ii) Fill out the required information, list the applicable Return Authorization Number (RAN) on the return form and sign it,
iii) Include the completed return form with the product, all its accessories, the Product Manual, the Certificate of Authenticity, the Warranty Card and all other documents, in its original box and delivery package,
iv) Seal the delivery package and affix the pre-paid delivery label to it,
v) Bring the package to any Fedex location or call Fedex to arrange pick-up. Package must be insured for the full retail cost of the item(s).
Should the Customer or Gift Recipient decide to return a purchased item within the 5-day period, Monaco Jewelers and Customer or Gift Recipient, as the case may be, agree that Monaco Jewelers maintains a special interest in the merchandise and will therefore purchase insurance on the returned merchandise. Monaco Jewelers is under no obligation to do so but will take this initiative for the Customer's or Gift Recipient’s convenience.
The Customer or Gift Recipient, as the case may be, must keep a proof of return shipment, and Monaco Jewelers accepts no liability in the event that such proof cannot be produced. Only merchandise received by the Monaco Jewelers distribution center will be eligible for a refund.
Upon receiving a return, Monaco Jewelers will verify that the returned product satisfies the conditions of the return policy and, if so, then proceed with the applicable refund or exchange.
12.3. Conditions to Return a Product
Monaco Jewelers 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. Monaco Jewelers 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.
Engraved or embossed Monaco Jewelers products cannot be returned to Monaco Jewelers for exchange or refund.
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.
All returns will be subject to strict Quality Control (QC) by Monaco Jewelers to ensure that the returned products satisfy these requirements. If the products do not meet QC standards, Monaco Jewelers 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), Monaco Jewelers will proceed with the applicable refund or exchange.
12.4. Refunds and Merchandise Credit
Should a product be returned to the Monaco Jewelers distribution center, only a Customer will be entitled to receive a refund. In no event will a Gift Recipient be entitled to receive a refund. A Gift Recipient may, however, be entitled to merchandise credit as provided below.
Except for delivery of a defective product, initial shipping charges will not be refunded to the Customer. In the case of a return to the Monaco Jewelers distribution center, then if a Customer’s return complies with the return policy, Monaco Jewelers will use reasonable efforts to credit the refund to the Customer’s credit card no later than fourteen (10) days after receipt of the returned item by the Monaco Jewelers distribution center.
The Customer or the Gift Recipient may return a product to a Monaco Jewelers retail location, the individual making the return being entitled to receive boutique merchandise credit only. No cash or credit card refunds will be issued in respect of a return to the Monaco Jewelers retail location. Store merchandise credits can only be applied to products purchased in the Monaco Jewelers retail location and cannot be applied to products purchased through the Website or Customer Contact Center.
Customers and Gift Recipients may be permitted to exchange a product purchased on the Website or through the Customer Contact Center for another Monaco Jewelers product if the product to be exchanged satisfies the conditions of the return policy.
Monaco Jewelers will send an invoice to the Customer which specifies the value of the returned product, the price of the item for which the original product has been exchanged and the difference to be paid by Customer or the amount that the Customer is entitled to receive, as indicated below.
Should a product be returned for exchange to the Monaco Jewelers distribution center by a Customer or Gift Recipient, the Customer will be entitled to receive a refund of the price difference if the product to be exchanged is more expensive than the desired Monaco Jewelers product. A Gift Recipient that wishes to exchange a Monaco Jewelers product can do so either via the Monaco Jewelers distribution center or by visiting the Monaco Jewelers retail location. A Gift Recipient who instead chooses to proceed through the Monaco Jewelers distribution center should follow the procedures set forth in the abovementioned return process.
Should a product be returned for exchange to the Monaco Jewelers retail location, either the Customer or Gift Recipient will be entitled to receive merchandise credit of the price difference, in case the original product is more expensive than the item to be received in the exchange. If the returned product is less expensive than the exchanged item, the Customer or Gift Recipient will be charged the difference in price.
12.6. Defective products
Monaco Jewelers 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 which seems to be damaged, you may return it to Monaco Jewelers in accordance with the return policy. Upon receipt, Monaco Jewelers 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 Monaco Jewelers, the following solutions will be proposed to the Customer or the Gift Recipient, as applicable:
i) Monaco Jewelers may send you the same product in the exact same size, subject to availability,
ii) Monaco Jewelers may propose an exchange for another Monaco Jewelers 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, or
iii) Only you, as the Customer, may request a refund of the full price of your initial purchase.
For any repair inquiries, please contact our Customer Contact Center by emailing service@monacojewelers or by calling 1-949-489-3510.
If you purchase a Monaco Jewelers product as a gift for a Gift Recipient, you will have the option to choose whether you wish to receive an invoice. If you choose to receive an invoice, Monaco Jewelers will send such invoice to your billing address by regular mail (Monaco Jewelers will never send the invoice and payment details to the Gift Recipient).
15. ACCURACY OF PRICING, PRODUCT DESCRIPTIONS
WHILE MONACO JEWELERS ENDEAVORS TO VERIFY THE ACCURACY OF ANY INFORMATION IT PLACES ON THE WEBSITE, IN ADVERTISEMENT OR CATALOG OR BY THE CUSTOMER CONTACT CENTER, IT MAKES NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE ACCURACY, RELIABILITY AND COMPLETENESS OF SUCH INFORMATION. MONACO JEWELERS DOES NOT CONFIRM THE PRICE OF A MONACO JEWELERS PRODUCT UNTIL A CONFIRMATION OF ORDER HAS BEEN ISSUED BY MONACO JEWELERS, INDICATING THE EXISTENCE OF A BINDING SALES CONTRACT. IF A MONACO JEWELERS PRODUCT’S CORRECT PRICE IS HIGHER THAN THE PRICE POSTED ON OUR WEBSITE, THEN MONACO JEWELERS WILL EITHER CONTACT THE CUSTOMER FOR INSTRUCTIONS BEFORE SHIPPING THE ORDER OR CANCEL THE ORDER AND NOTIFY YOU OF SUCH CANCELLATION.
WHILE EVERY EFFORT WILL BE MADE TO ENSURE THAT THE DESCRIPTIONS, PHOTOGRAPHS OR GRAPHICAL REPRESENTATIONS OF THE MONACO JEWELERS PRODUCTS DISPLAYED ON THE WEBSITE OR IN A CATALOG ARE AS ACCURATE AS POSSIBLE, MONACO JEWELERS DOES NOT WARRANT THAT SUCH MATERIALS OR OTHER CONTENT IS ERROR-FREE, WHETHER AS A RESULT OF INACCURACY, OMISSION, OBSOLESCENCE OR OTHERWISE. ACCORDINGLY, THE CUSTOMER’S SOLE REMEDY IN THE EVENT OF ANY SUCH ERROR IS TO RETURN THE PRODUCT AS SET FORTH IN OUR RETURN POLICY.
16. ENTIRE AGREEMENT
17. NO WAIVER
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
18. GOVERNING LAW; ARBITRATION OF CLAIMS
The Conditions of Sale shall be governed by and construed in accordance with the laws of the State of California, without reference to conflict of laws provisions. Any dispute, controversy or claim arising out of or in relation to the Conditions of Sale, including the validity, invalidity, breach or termination thereof or any Monaco Jewelers product purchased through the Website or Customer Contact Center will be resolved by binding arbitration, rather than in court, except that a Customer may assert claims in small claims court if your claims qualify. The arbitration will be conducted in San Juan Capistrano, California, 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.