I.  TERMS & CONDITIONS

WEBSITE AND ONLINE STORE USER AGREEMENT

TERMS OF SERVICE – Website, Online Ordering, and Products and Services

OVERVIEW

This website is operated by Birmingham Jewelry Inc.. Throughout the site, the terms "Birmingham Jewelry", “we”, “us” and “our” refer to Birmingham Jewelry Inc.. Birmingham Jewelry offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of and agreement with all terms, conditions, policies and notices stated herein.

By visiting our site and/or purchasing a product(s) from us, you engage in our “Service” or "Services" and agree to be bound by the following terms and conditions, including those additional terms and conditions, rules and requirements, and policies referenced herein and/or contained in our Privacy Policy and Return Policy (“Terms of Service”, “Terms”, or "Agreement"). These Terms of Service apply to all users of the site and our Services, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site and/or our Services, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this Agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to this website and/or the current online store shall also be subject to the Terms of Service. We reserve the right to update, change or replace ("changes") any of these Terms of Service without notice. It is your responsibility to review our Terms of Service periodically for changes. Your continued use of or access to the website and/or our Services following the implementation of any such changes constitutes acceptance of and agreement with those changes.

Our online store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to offer and sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS


By accessing or using any part of the site or our Services, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site or our Services.

You may not use our products or Services for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your access to or use of our website or Services.

Ring sizes and all jewelry sizes are your responsibility upon order. Once you've ordered your jewelry, birminghamjewelry.com, Birmingham Jewelry, inc. and all it's entities are not responsible for ill fitting rings and jewelry. Please be sure of the ring and/or jewelry sizes prior to placing your order.

For additional information and terms and conditions of ordering products from us online, please review our Return Policy and Privacy Policy.

SECTION 2 - GENERAL CONDITIONS


We reserve the right, at our sole discretion, to refuse service or restrict delivery to anyone for any reason at any time.

You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Services, or access to the Service or any contact on the website through which the Service is provided, without our express written permission.

The headings used in this Agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION


We are not responsible if information made available on this website is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information is not necessarily current and is provided for your reference only. We reserve the right to modify the contents of this site or any of our Services at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site and Services.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products and services are subject to change without notice.

We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES VIA ONLINE SALES (if applicable)


Certain products or Services may be available exclusively online through the website. These products or services may have limited quantities or offerings and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors, images, and features of our products that appear on our online store. We cannot guarantee that your computer monitor's or smart device's display of any color or product feature will be accurate.

We reserve the right, but are not obligated, to limit the sale of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.

Products displayed on our site are available while supplies last. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products, product features, or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue, or change the specifications of, any product or Service at any time. Any offer for any product or Service made on this site is void where prohibited.

We do not warrant or guarantee that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Services will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION


We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, distributors, or the like.

You agree to provide current, complete and accurate purchase and account information for all purchases that you make with us. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Return Policy.

SECTION 7 - OPTIONAL TOOLS


We may provide you with access to third-party tools, resources, or services ("tools") over which we neither monitor nor have any control or input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, guarantees, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS – LIMITATION OF LIABILITY


Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.

Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS – LIMITATION OF LIABILITY

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION – PRIVACY POLICY


Your submission of personal information through the store and/or any of our Services, or provided to us in any way, is governed by our Privacy Policy, to which you agree by your access to and/or use of this website or any of our Services.. To view our Privacy Policy, please click here.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS


Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability, or any other aspect of our Services. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including (without limitation) pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be deemed to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site, its content, or any of our Services: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, threaten, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. You hereby indemnify and hold harmless Birmingham Jewelry against any loss, liability, damage, or expense of whatever nature or kind which Birmingham Jewelry or any third party may suffer which is caused by, or related or attributable to, (whether directly or indirectly) your use of this website to send or post any such prohibited message or material or be involved in any such prohibited action or inaction. We reserve the right to terminate your use of the Service or any related website for violating, or appearing to violate, any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY 


We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service, in whole or in part, for indefinite periods of time or cancel the Service at any time, without notice to you.

BIRMINGHAM JEWELRY MAKES NO WARRANTIES, REPRESENTATIONS, GUARANTEES, OR STATEMENTS WHATSOEVER (WHETHER EXPRESS OR IMPLIED) REGARDING THIS WEBSITE, THE INFORMATION CONTAINED ON THIS WEBSITE, OUR SERVICES, OR YOUR PERSONAL INFORMATION OR MATERIAL AND INFORMATION TRANSMITTED OVER OUR SYSTEM.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU BY US OR THROUGH THE SERVICE ARE (EXCEPT AS MAY BE EXPRESSLY STATED BY US) PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

IN NO CASE SHALL BIRMINGHAM JEWELRY, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE RESPONSIBLE OR LIABLE FOR ANY INJURY, LOSS, EXPENSE, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, LOSS, OR HARM, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED FROM US OR THROUGH YOUR USE OF THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT PURCHASED FROM OR SERVICED BY US, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY IN SUCH STATES OR JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

SECTION 14 - INDEMNIFICATION


You agree to indemnify, defend and hold harmless Birmingham Jewelry and (as applicable) our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 – INTELLECTUAL PROPERTY

Birmingham Jewelry, Birmingham Jewelers, Designs By Gregory, Discover the Birmingham Difference, and all associated names, logos, slogans, taglines, signatures, and designs are among the trademarks and service marks ("trademark") owned by Birmingham Jewelry, Inc. Nothing contained on this website (or any of our Services) should be construed as granting any right or license to use any trademark without the prior written permission of Birmingham Jewelry. Any third party mark used or depicted on this website are owned by such third party. 

The materials and information found on this website (including the content, format, and design of, and images contained on, this website), and all jewelry and product designs and features, are owned by Birmingham Jewelry, Inc. and protected by the copyright laws of the United States of America as provided under Title 17 of the U.S. Code and the corresponding laws, rules, and regulations regarding the same.

Limited permission is granted to you only to view and print materials from the website for the non-commercial purpose of viewing, reading, and retaining information for your personal reference. Any other copying, distribution, retransmission, or modification of materials or information on or from this website (or any of our Services) in any format or medium, without the prior express written permission and appropriate attribution of Birmingham Jewelry, Inc., is strictly prohibited.

SECTION 16 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 17 - TERMINATION

These Terms of Service are effective unless and until terminated by either you or us. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement unless otherwise expressly excluded in or changed by these Terms.

You may terminate these Terms of Service at any time only by notifying us in writing that you no longer wish to access or use our Services or when you cease accessing and/or using our site.

If you fail, or we suspect that you have failed, (in our sole judgment) to comply with any term or provision of these Terms of Service, or our Privacy Policy or Return Policy, we may: (a) terminate this Agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or (b) deny you access to our Services (or any part thereof).

SECTION 18 - ENTIRE AGREEMENT

These Terms of Service, and any policies or operating rules posted by us on this site or in connection with the Service (including our Privacy Policy and Return Policy), constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether verbal or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. Any ambiguities in the interpretation of these Terms of Service shall not be construed against us.

SECTION 19 - GOVERNING LAW


These Terms of Service, as well as our Privacy Policy and Return Policy, and any separate agreements under which we provide you products or Services, shall be governed by and construed in accordance with the laws of the state of Michigan, with venue being in the county of Macomb.

SECTION 20 - CHANGES TO TERMS OF SERVICE AND POLICIES


You can review the most current version of the Terms of Service, as well as our Privacy Policy and Return Policy ("our policies"), at any time on this website. We reserve the right, at our sole discretion and without notice, to update, change or replace any part of these Terms of Service and our policies by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Services following the posting of any changes to these Terms of Service or our policies constitutes acceptance of those updates and changes.

SECTION 21 - CONTACT INFORMATION


Questions about the Terms of Service, or any of our policies, should be sent to us in writing at info@birminghamjewelry.com.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site and/or our Services, you agree to be bound by these Terms of Service. If you do not agree to all of the Terms, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms.

II.  PRIVACY POLICY

Birmingham Jewelry Inc. (referred to as "Birmingham Jewelry", "we", "us", or "our") recognizes the importance of protecting the privacy of all information provided by users of our web site(s), subscribers to our services, registrants for our events, and all other customers of our products and services. We created this policy with a fundamental respect for our customers' right to privacy and to guide our relationships with our customers. This Privacy Policy explains the privacy practices for all products and services owned and provided by Birmingham Jewelry. By using our website and any of our online resources, you consent to and agree with this Privacy Policy and our terms of use.

Information Collection and Use

Birmingham Jewelry collects information from our website users, subscribers and other customers. In this Privacy Policy, we describe the types of information we collect and how we use it.

Registration and Ordering

To use our website and sign up for certain selected services (such as personal business lists), users must first register. During registration, users are required to give their contact information (such as name, e-mail address, mailing address and phone number). For internal purposes, we use this information to communicate with users and provide requested services and, for our website visitors, to provide a more personalized experience on our sites. We also may collect demographic information. We use aggregate demographic information about our visitors and customers to improve our service, for marketing purposes and/or industry reporting purposes.

Many of our products and services are free to subscribers who meet certain demographic criteria. Independent auditors may need to certify the eligibility of these subscribers. In order to do that, we may collect unique identifiers (such as mother's maiden name) that we disclose to the auditors strictly for industry reporting and audit verification purposes.

For our services that require payment (e.g., Business Subscriptions), we also collect credit card information (such as account name, number and expiration date), which is used for our or our agent's billing purposes only, and is not otherwise shared.

Surveys and Contests

From time to time we invite web site users and other customers to provide information via surveys or contests. Participation in these surveys or contests is completely voluntary and the website user or other customer therefore has a choice whether to disclose requested contact information (such as name and mailing address) and demographic information (such as zip code or job title). In addition to the other uses set forth in this Policy, contact information collected in connection with surveys and contests is used to notify the winners and award prizes and to monitor or improve the use of, and satisfaction with, the website or other Birmingham Jewelry products or services. Subject to the given customer's preferences (as described in the "Permission" section below), such information also may be shared with third party sponsors of such surveys or contests.

Tell-A-Friend

If customers elect to use our referral service for informing a friend about our sites and services, we may ask them for the friend's name, interests and e-mail address. Birmingham Jewelry will store and use this information to send the friend an invitation. This information may also be used to provide information about our company and related products and services. The friend may contact us as specified in the tell-a-friend message to request that no further communications be sent.

Communications with Us

We have features where our customers can submit information to us (such as our feedback forms). Where such submissions include requests for service, support or information, we may forward them to our agents, as needed, to best respond to the specific request. In addition, we may retain e-mails and other information sent to us for our internal administrative purposes, and to help us to serve customers better. Please note that comments sent to us and similar submissions may be made public, unless they refer to current registered businesses, in which case information is not disclosed.

Communications from Us: Service Updates, Special Offers


Birmingham Jewelry will not send email notifications to users unless they specifically request so. If you do receive email notifications and wish to have them stopped, you may contact us at info@birminghamjewelers.com to change your preferences.

Automatic Data Collection

Birmingham Jewelry has features that automatically collect information from customers, to deliver content specific to customers' interests and to honor their preferences. This information assists us in creating products and services that will serve the needs and wants of our customers. For example, we use "cookies," a piece of data stored on the user's hard drive containing information about the user. Cookies benefit the user by requiring login only once, thereby saving time while on our web site. If users reject the cookies, they may be limited in the use of some areas of our web site. For example, the user may not be able to participate in sweepstakes, contests or drawings.

For our internal purposes, we gather date, time, browser type, navigation history and IP address of all visitors to our web sites. This information does not contain anything that can identify users personally. We use this information for our internal security audit log, for trend analysis and system administration, and to gather broad demographic information about our user base for aggregate use.

We may combine demographic information supplied by a customer at registration with web site usage data to provide general profiles, in aggregate non-personally identifiable form, about our customers and their preferences in the content of the site and advertising. We may share this composite information with our advertisers and business affiliates to help them better understand our services.

With Whom Your Information is Shared


We may occasionally provide targeted lists of names and offline and online contact information for marketing purposes to third parties, subject to our Permission policies, as described below, pursuant to which we give customers the option of not having their name or contact information disclosed to third parties.

Other than as set forth above, we do not share personally identifiable information with other companies, apart from those acting as our agents or representatives in providing our product(s)/service(s), and which agree to use it only for that purpose and to keep the information secure and confidential. Also, our parent, subsidiary and affiliate companies, entities into which our company may be merged, or entities to which any of our assets, products, sites or operations may be transferred, will be able to use personal information. We will also disclose information we maintain when required to do so by law, for example, in response to a court order or a subpoena or other legal obligation, in response to a law enforcement agency's request, or in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property. Users should also be aware that courts of equity, such as U.S. Bankruptcy Courts, might have the authority under certain circumstances to permit personal information to be shared or transferred to third parties without permission.

We may share aggregate information, which is not personally identifiable, with others. This information may include usage and demographic data, but it will not include personal information.

Updating Personal Information


If your personally identifiable information changes (such as zip code), or if you no longer desire our product(s)/service(s), we provide a way to correct or update your personal data: you may contact Customer Support at (586) 939-5100 or info@birminghamjewelers.com to change your preferences.


Permission


Our customers are given the opportunity to choose whether to receive information from our affiliates and us not directly related to the product or service for which they registered (or which they otherwise agreed to receive). Customers also have the opportunity to choose whether to have personal information shared with third parties for marketing purposes.

Please note that we will endeavor to implement your permission requests within a reasonable time, although for a time you may continue to receive mailings, etc., transmitted based on information released prior to the implementation of your request. In addition, please note that even after such request is implemented, your page will continue to update information directly related to the service for which you registered (or which you otherwise agreed to receive), so you always are kept updated.

Security


We use reasonable precautions to protect our customers' personal information and to store it securely. Sensitive information that is transmitted to us online (such as credit card number) is encrypted and is transmitted to us securely. In addition, access to all of our customers' information, not just the sensitive information mentioned above, is restricted. Finally, the servers on which we store personally identifiable information are kept in a secure environment.

Links to Other Websites


Birmingham Jewelry may contain links to other sites. Birmingham Jewelry is not responsible for the privacy practices or content of such other sites, and no representations are made as to their content. Use of or reliance on any external links, and the content thereon provided, is at your own risk. We encourage our users to be aware when they leave our site and to read the privacy policies and statements of each web site to which we may link that may collect personally identifiable information.

Children

The Birmingham Jewelry website(s), products, and services are not directed at individuals under thirteen years of age, and Birmingham Jewelry does not intend to collect any personally identifiable information from such individuals.

Notification and Changes


We may change any terms or provisions of our Privacy Policy at any time and without notice. . Users should check this Policy frequently to keep informed of any changes including what information we collect, how we use it, and under which circumstances (if any) we disclose it.

This website has other terms and conditions covering your use of our website(s) (including certain disclaimers, limitations of liability, and other legal provisions) and our Return Policy, all of which we encourage you to also review.

 

III. RETURN POLICY

Returns – Rules and Limits

If your item is eligible for return, you may return or exchange your purchased item for up to thirty (30) days after receipt of the item with original tag and in original, unused condition. All shipping costs are the customers responsibility and will not be refunded for any reason. If 30 days have passed since your item was received, we have no obligation whatsoever to offer you a refund or exchange. (We may, but have no obligation whatsoever, to extend this 30 day deadline in very rare, limited, special situation at our sole discretion. Any such instances shall not set a precedent for any future instances.)  ALL returns are subject to $15.00 Shipping fee + 10% restocking fee.

All shipping costs are non-refundable and customer is responsible for all shipping costs.

All order cancellations are subject to a cancellation fee. The fee is based on the order amount and is subject to change without notice at any time at Birmingham Jewelers discretion. 

To be eligible for a return, all of the following apply:

  • Merchandise must be received within the 30-day window.
  • Merchandise must be accompanied with the original receipt.
  • Merchandise must be in original, unused condition with tags attached. The tag cannot be altered, peeled, cut, removed, etc. in order to be eligible for a refund. (Merchandise that has been altered, set or customized according to the customers request is final sale, no exceptions.)
  • Merchandise is not considered a special order.
  • Merchandise is not on sale.
  • A discount code was not used for the purchase.

Items NOT eligible for return:

  • Merchandise that has been reduced, purchased on sale with or without a discount code, is final sale, no exceptions.
  • Merchandise that is considered a special order is final sale, no exceptions. 
  • Merchandise marked Final Sale on birminghamjewelry.com is not returnable.

It is very important to note that in the case of a return or exchange, your item must have all tags fully attached and untampered with. Your item must be unused, unaltered, in the original packaging, and in the same condition that you received it when purchased. If the items tags have been removed, altered, cut, peeled, re-attached in any way, shape or form, your item will no longer be eligible for a refund and a refund will not be issued.

Ring sizes and all jewelry sizes are your responsibility upon order. Once you've ordered your jewelry, birminghamjewelry.com, Birmingham Jewelry, inc. and all of its entities are not responsible for ill fitting rings and jewelry. Please be sure of the ring and/or jewelry sizes prior to placing your order.

Several types of goods may not be returned including custom designed items, special orders, discounted or sale items, items purchased with a coupon code, as well as gift cards, which are all final sale items. 

To complete your return, we require an original packing slip or other acceptable proof of purchase.

All returnable items must be sent to us directly and not to the manufacturer if such is an entity other than us. If any items have been sent to the manufacturer or anywhere other than the address listed below, you will no longer be eligible for a refund or exchange.

If you item qualifies for return, you must obtain a return authorization number from us and clearly print it on your package with our return address like the following:

Birmingham J
(Insert RA# here)
34756 Dequindre Road
Sterling Heights, MI 48310

Only partial refunds will be granted (if applicable) in the following situations: When an item is not in its original condition, or it is damaged or missing parts for reasons not due to our error. Any item that is returned more than 30 days after delivery will not be eligible for a refund. 

Refunds (if applicable)

Once your eligible returned item is received and inspected by us, we will send you an email notifying you that we have received your returned item. We will also notify you of the approval or rejection of your refund request. If your return is approved, then your refund will be processed, and a credit will be applied to your credit card or other original method of payment, within 30 days minus all shipping and handling costs.

Late or Missing Refunds (if applicable)

If you haven’t received a refund timely (within 30 days), please check your bank account, your credit card company, and/or your bank directly, depending on your original method of payment, as it may take some time before your refund is officially recorded or posted by them. 
If you have done all of this and you still have not received your refund, you may contact us at info@birminghamjewelry.com.

Sale Items (if applicable)

Only regular priced items that are not a special order may be refunded, minus the shipping and handling costs; unfortunately sale items cannot be refunded.

Exchanges (if applicable)

We only replace via an exchange items that were defective or damaged when purchased. If you need to exchange a purchased product that is defective or damaged for the same item, send us an email at info@birminghamjewelry.com explaining the situation and obtain an RA#. Once your RA# is obtained, send your item to: 

BIRMINGHAM J
(Insert RA# here)
34756 Dequindre Road 
Sterling Heights, MI 48310

Gifts

If the item was marked as a gift when purchased and shipped directly to you, you will receive a gift credit for the value of your return. Once the eligible returned item is received and approved by us, a gift certificate will be mailed to you.

If the item was not marked as a gift when purchased, or the gift giver had the order shipped to themselves to give to you later, then we will send a refund to the gift giver (via their original method of payment) and, as a result, they will find out about your return.

Shipping

You will be responsible for paying for your own shipping and handling costs for returning your item. Shipping and handling costs are non-refundable. If you are eligible for and receive a refund, the cost of return shipping and handling will be deducted from your refund.

We are not responsible or liable in any way for your shipment of a returned item to us, and we do not guarantee or warrant that we will receive your returned item. If you are shipping an item over $75, you should consider using a trackable shipping service or purchasing shipping insurance. We recommend mailing with tracking information and insuring the package for the full value. We do not recommend disclosing the contents of the package or writing the term "Jewelry" on the return label for security purposes. 

Risk of Loss, and Title

We are not responsible or liable under any circumstances for any risk of loss or damage that may occur during any shipment of a product, no matter if we are shipping an ordered product to you or you are returning a product to us. The risk of loss and title for products ordered and purchased by you passes to you upon our delivery to the shipping carrier. For items shipped by you to us, the risk of loss and title remains with you until we physically receive the item(s) in proper condition and we acknowledge to you that we have received it/them.

DISCLAIMER

The return policy described above is solely for online purchases from www.BirminghamJewelry.com only. This return policy can not be interchanged with our in-store return policy at Birmingham Jewelry in Sterling Heights or any other store location. Any purchase made from our "brick & mortar" jewelry store is exempt from this return policy and must abide by the return policy of the physical jewelry store, Birmingham Jewelry. Any purchases made on www.birminghamjewelry.com must be returned by mail and cannot be taken into the store to be returned, unless otherwise pre-arranged.

IV.  SHIPPING & HANDLING

Some items may take longer than others to ship to you. Please allow at least 1-3 business days for order processing. Special orders may take up to 6 weeks for production. The shipping rates of each item may vary dependent on the size, weight and value of the item. Shipping of designer items and special orders from our website may take longer than usual to arrive to you. Designers such as (but not limited to) Verragio, Gabriel & Co., Parade Design, Rembrandt, Hera, Caro 74, etc. are subject to delayed or longer than usual ship times, due to the nature of special orders and the manufacturers production time. 

All engagement rings & wedding bands are considered a special order and may take a minimum of 4-6 weeks to ship from birminghamjewelry.com to you.

All watches, Scott Kay Men's jewelry, Vanna K, Peter Storm, Supreme Design and Simon G are ready-to-ship to you in a timely manor after purchase. 

To return your eligible product, you must obtain a Return Authorization number from us. Once you've obtained an RA#, please mail it to: 

BIRMINGHAM J
(Insert RA# Here)

34756 Dequindre Road 
Sterling Heights, MI 48310

You will be responsible for paying for your own shipping and handling costs for returning your item. Shipping and handling costs are non-refundable. If you are eligible for and receive a refund, the cost of return shipping and handling will be deducted from your refund. 

We are not responsible or liable in any way for your shipment of a returned item to us, and we do not guarantee or warrant that we will receive your returned item. If you are shipping an item over $50, you should consider using a trackable shipping service and purchasing shipping insurance. We recommend tracking and insuring the package for the full value. We do not recommend disclosing the contents of the package or writing the term "Jewelry" on the return label for security purposes. 

Risk of Loss, and Title

We are not responsible or liable under any circumstances for any risk of loss or damage that may occur during any shipment of a product, no matter if we are shipping an ordered product to you or you are returning a product to us. The risk of loss and title for products ordered and purchased by you passes to you upon our delivery to the shipping carrier. For items shipped by you to us, the risk of loss and title remains with you until we physically receive the item(s) and we acknowledge to you that we have received it/them.

DISCLAIMER

All shipment time frames are an estimation. In no way are we responsible for any package delayed by the shipping carrier. In the case of an insufficient address, neglect to receive package, or package sent back to us for any reason, customer will be responsible for shipping and handling. 

Risk of Loss and Title

We are not responsible or liable under any circumstances for any risk of loss or damage that may occur during any shipment of a product, no matter if we are shipping an ordered product to you or you are returning a product to us. The risk of loss and title for products ordered and purchased by you passes to you upon our delivery to the shipping carrier. For items shipped by you to us, the risk of loss and title remains with you until we physically receive the item(s) and we acknowledge to you that we have received it/them.