Terms and Conditions

Terms and Conditions of Sale

By purchasing from us and/or completing the checkout process, you agree to accept these terms and conditions of sale.
We hope that you understand that just as you must protect yourself from fraud on the Internet, we must also be vigilant to protect ourselves and our customers from fraud. For our mutual protection, we have established these terms. If you have any questions about our terms, please feel free to contact us. We have attempted to keep our terms as simple as possible so that you can understand them without having to have a law degree! Throughout our terms we've also made comments, in teal to help explain why we have to have certain policies. These comments are simply for your reference and to aid in your understanding of the terms you are agreeing to, and are not part of our terms itself.

Venue

This transaction shall be considered to take place within Kaufman County in the state of Texas and any dispute concerning said transaction shall be decided by the laws of the state of Texas by the proper court within the state of Texas with authority over the relevant matters.

E-commerce, while similar to traditional brick and mortar stores in many ways, also creates a lot of unique questions and situations. For instance, if you buy something from a retail store near your home, say, in New York and something happens, it's obvious that the transaction occured in New York. However, if you purchase from us and we ship your package from here in Texas to you in New York, and something happens concerning the package in Tennessee, where did the transaction occur? As we are located in Kaufman County in Texas, we consider the transaction to occur in Kaufman County so that there's no confusion as to where the transaction occurred.

Accepted Payment Methods

We accept credit cards (Visa and Mastercard), PayPal payments, PayPal e-checks, checks drawn on a US bank in US currency and money orders in US currency. Due to increased fraud, we do not accept PayPal payments in amounts over $500. Please note that using your credit card on our site is safe; in addition to employing the best encryption currently available, you are also protected by our Safe Shopping Guarantee when you use your credit card. We cannot accept mailed payments from anyone outside of the United States.

Most US banks, including ours, charge incredibly high fees to process checks, money orders and other paper payments that aren't drawn on US banks or aren't in US currency. We wish we could accept checks and money orders from our international customers, but it has just become too expensive. We do accept PayPal payments as well as credit cards (Visa and Mastercard) from our international customers, though.

Shipping & Handling

View our shipping and handling information here, which is incorporated into this agreement by this reference.

In order to keep our Terms as short as possible, and to make it easier to read our shipping amounts, we have located our shipping information on a separate page, which you can view by clicking here.

Order Cancellation

Because a majority of our orders ship so quickly, in most cases, once we have received payment your order may not be cancelled. However, if you would like to request cancellation of your order, please contact us immediately via our contact us form and be sure to include your order number, full name and billing address. We will make every attempt to cancel your order before it ships. However, if your order has already been packaged and sent to the shipping carrier, we will be unable to cancel your order. In that case, our standard return policy would apply.

Several times throughout the ordering process your order details will be presented. Please review these and ensure your order is accurate. As soon as you place your order, you should receive an email again detailing your order. Read this email and ensure that everything is correct. If it is not, or if you want to cancel your order, please email us immediately after receiving this email. We pride ourselves on our goal of shipping 99% of our orders within 24 hours of when they are placed, and especially if you place an order late in the morning or early in the afternoon, we very well might ship your order less than an hour after receiving it. Once we've shipped your order, we can't recall it or retrieve it, so unfortunately, we cannot cancel it after it has been packaged and shipped. However, please feel free to contact us via our contact us form if you'd like to cancel your order, and we'll do the best we can to fulfill your request!

Returns

View our return policy here, which is incorporated into this agreement by this reference.

Unfortunately, return fraud has become a major concern for Internet merchants like ourselves. We pride ourselves on our return policy, one of the best among the affordable jewelry boutiques on the web, and we do everything we can to work with you if you need to return an item. Read our return policy for more details.

Check and Money Order Payments

If you choose to pay via check or money order, you agree to mail your payment within 7 days of the date you complete the checkout process. Failure to do so will result in your order being cancelled, which may mean you have to pay a higher price if the item's price has changed since you originally placed your order.

Even if you do not pay for your order when you complete checkout and instead select to mail us a check, we still create your order and you will receive our pricing, including any sales, in effect at the time you placed your order. However, we have had customers abuse this by purchasing a large amount of items on sale or clearance, stating they are mailing a check and then waiting several months to pay. This is not fair to other customers who may want to buy the items and pay for them immediately.

Returned Checks

If your check is returned for non-sufficient funds, no account, stop payment, etc you will be liable for a $30.00 returned check fee plus the original amount of the check and any bank fees we are charged. Payment of these fees will be due immediately via money order. While we understand that in most cases it was a simple accounting error and we will try to work with you in any way we can if your check is returned, if you pay your invoice with a bad check and then refuse to make good on your payment, we will refer the situation to law enforcement and the court system if needed to recover our items.

We understand that we all make mistakes and can accidentally write a bad check. However, our bank charges us signficiant fees and there is quite a bit of work involved with processing a returned check, so we have to charge a fee to recover our costs. Furthermore, as sad as this is, we have had customers who have intentionally paid for large orders using checks from an account they have already closed. Because of this, we have to make it clear in our terms that we do pursue individuals who attempt to defraud us.

Coupons and Coupon Codes

From time to time we may elect to offer special discounts and other markdowns and deals to some or all of our customers via coupons and coupon codes. All coupon discounts are only valid only until their expiration date and we reserve the right to modify or discontinue any coupon code or promotion at any time. Please be sure to observe any conditions or terms mentioned limiting the use of the coupon, such as free shipping coupons being limited to first class mail shipping only. Coupons may be restricted to purchases from our website only - if so, this will be noted on the coupon. Website coupons may not be applied to phone or fax orders.

As with any other company that offers coupons and discounts, the law requires us to make certain things clear, such as when the coupon expires and that expiration dates are enforced. Wondering how to get our coupons and discounts? Make sure when you create or edit your account, you check the box signing up for our newsletter emails!

Warranty

All products, unless otherwise noted on the product's page, come with a 15 day money back guarantee. Within 15 days from the day you receive the item if shipped via trackable means, or 20 days from the day we shipped the item if shipped via non-trackable means, you may return the item to us for a refund of the price you paid for the item, less the cost of shipping and handling to ship the item to you. All returns must be shipped via a trackable shipping service and must have a valid return authorization number on the outside of the packaging to be accepted. Please contact us for this authorization number before shipping a product back to us.
There are specific rules and limitations to this policy, detailed in our return policy which can be found on our shipping and returns policy page, available here, which is incorporated into this agreement by this reference. Some of the products we sell may also be covered under a manufacturer's guarantee or warranty. Unless otherwise noted in the item's description, our 15 day money back guarantee and any manufacturer's warranties are the only warranties or guarantees we provide.

We want to be sure you are happy with the items you purchase from us, so we offer a 15 day money back guarantee. However, due to a rising number of people who have attempted to abuse this policy, we have had to add specific limitations to protect ourselves and to keep our prices reasonable! Please read those limitations in our detailed return policy.

Liability

You agree that Charming Chick's maximum liability in any situation is the purchase price paid by the customer for the item(s) or for their complete order.

Because of the sheer number of lawsuits filed each year in the United States claiming that someone suffered millions of dollars of mental anguish because of something relatively minor, we have to define what we are liable to you, the customer, for if something does happen. We feel that it is reasonable that if something happens with your order, if an item is broken, etc., since you paid a certain amount for that item, we are only liable to you for the amount you paid for that item. This discourages people from buying an item from us for $5, filing a frivolous lawsuit for hundreds of thousands of dollars and then consuming our time, resources and money with a frivoluous lawsuit when we'd rather spend that time on our customers!

Warranty Disclaimer

EXCEPT AS SET FORTH IN THIS DOCUMENT, CHARMING CHICK MAKES NO WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING OR RELATING TO THE PRODUCT, OR ANY MATERIALS OR SERVICES FURNISHED OR PROVIDED TO THE CUSTOMER UNDER THIS AGREEMENT. CHARMING CHICK SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PRODUCT AND ANY OTHER MATERIALS AND SERVICES, AND WITH RESPECT TO THE USE OF ANY OF THE FOREGOING.
THE REMEDIES STATED IN THIS DOCUMENT CONSTITUTE CUSTOMER'S EXCLUSIVE REMEDIES AND CHARMING CHICK SOLE LIABILITY FOR BREACH OF THE LIMITED WARRANTIES SET FORTH HEREIN.

Under many laws, if we do not state this disclaimer, in bold or capitalized font, the courts can decide that we made certain extensive warranties on all of our products, which we simply could not afford to do. You've no doubt seen this statement in the warranty paperwork you've received for everything from computer software to home appliances!

Terms and Conditions of Use of Website and Content

By continuing to use or access this website, you are indicating your acceptance of these terms and conditions of use.

This one's simple - if you use our website, or purchase from us, you agree to these terms.

Errors

While every effort is made to ensure the accuracy of our website, we are not responsible for typographical or other errors.

Typos happen. We do everything we can to ensure everything is perfect, but we are just human, so mistakes do happen. If we mistakenly list an item at $4.99 and we meant to list it at $5.99, chances are, we'll honor the $4.99 price until we correct it. However, just as if we mistakenly list a $29.99 item as $299.99, if we mistakenly list a $29.99 item at $0.99, we will have to cancel your order or remove that item from your order and correct the mistake, at which point you can decide if you still want to purchase that item. We will never correct an error that makes a major change to the description or pricing of an item that you have already purchased but we have not processed without telling you and obtaining your consent to the change.

Copyright

All material on this website is copyright 2004-2006 by Charming Chick . This includes, but is not limited to, item descriptions, pictures of items, titles, the graphical layout of our site and any other items protected by copyright or intellectual property law. We do investigate any and all entities we believe have stolen our intellectual property and we will contact your ISP or hosting provider to have the offending material or site removed immediately. Any business or individual who copies any copyrighted item from us for commercial use agrees to forfeit any and all revenue generated in any way by the use of our copyrighted material plus 20%, in addition to court costs.

We hope you like our beautiful photos of our jewelry! We spend quite a bit of time and money producing them, so we do have to protect ourselves and our investment in our photos and the other copyrighted items on our site, such as our item descriptions. Please do not steal them, and if you do, please understand that we will protect our rights.

Warranty

THE MATERIALS ON THIS SITE ARE PROVIDED 'AS IS' WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE FEDERAL AND STATE LAW, CHARMING CHICK DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. CHARMING CHICK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS ON THIS SITE OR ANY SITES LINKED TO THIS SITE.

Again, this is a standard disclaimer that you've no doubt seen on quite a few websites. If we do not disclaim certain warranties, the courts can determine that we made extensive warranties concerning the materials on our site and on sites we link to, which we do not.

Pricing

We attempt to provide the lowest prices possible, therefore we are continually updating our prices. Unfortunately, sometimes errors do occur. Charming Chick reserves the right to cancel any order placed for a product that was mispriced. We also reserve the right to change any and all of our prices at any time. The price of the item displayed on your checkout page, barring any technical or pricing errors, is the price you will be responsible for paying for your order, even if the price changes (is raised or lowered) before or after you receive your order.

We do update our prices fairly often. While we try to keep our prices as low as we can, factors outside of our control (especially the rising cost of silver!) such as silver prices, price changes by our suppliers and manufacturers, etc. do occasionally cause us to raise our prices. Because our prices do change from time to time, we have to define what price you will pay.