Terms of Use
Your use of the web sites on which these terms reside (including, without limitation, versions of such websites optimized for mobile) (collectively, the "Site"), and the content and services at this Site are subject to these Terms of Use (or “Terms”), which we may update from time to time. Please read these Terms carefully before using this Site. The Site is owned or controlled by Franklin Jewelers LLC. By accessing this Site in any way, including, without limitation, browsing this Site, using any services, and/or submitting information to Franklin Jewelers, you agree to and are bound by the terms, conditions, policies and notices contained in these Terms, including, but not limited to, conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations, binding arbitration and a choice of Alaska State law.
These terms apply to the Franklin Jewelers website at franklinjewels.com, its affiliated businesses across the world as well as our online jewelry services provided by Franklin Jewelers LLC. The Site is operated by Franklin Jewelers LLC.
Franklin Jewelers LLC controls the Site from its offices within 323 S. Franklin Street, Juneau, AK 99801. The Site can be accessed globally.
We may periodically update this Site and our Terms. By using the Site, you agree to these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not utilize the website or use any of its services. If these Terms are considered an offer, acceptance is expressly limited to these Terms. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Franklin Jewelers may, in its sole discretion, and at any time, discontinue this Site or any part thereof, with or without notice, or may prevent your use of this Site with or without notice to you. You agree that you do not have any rights in this Site and that Franklin Jewelers will have no liability to you if this Site is discontinued or your ability to access the Site or any content you may have posted on the Site is terminated.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
The terms "we," "us" and "our" refer to Franklin Jewelers and any of our affiliated companies as appropriate to the context. "You" refers to any person accessing and/or using the Site.
Intellectual Property and Content Use
The Site and all of its contents including, without limitation, all text, software, software source code, trademarks, logos, designs, images, photographs, audio visual materials, written materials, graphical “look and feel” user interface, web site information architecture, functional site features and layout, and any other form of material (“Website Content”) is owned by us or licensed to us by third parties. The copyright and all other intellectual property rights in all Website Content is owned by us or our licensors. Any rights or licenses of the Website Content not expressly granted by the Terms of Use are reserved. No software from the Sites may be downloaded, exported or re-exported in violation of any law, including, without limitation, to countries that are subject to US export restrictions. Your use of the Website Content without written permission of the Website Content owner is strictly prohibited.
Cookie Policy
The purpose of franklinjewels.com is to provide our customers with an overview and information about our store, merchandise, and services. We also offer selected merchandise for sale to online customers. We use "cookies" to collect product and purchase information from the pages you access or visit. This information may be combined with other identifiable personal information. Cookies are bits of information that are automatically stored on your computer. Cookies do not contain any personally identifiable information such as your name, address or any financial information.
Electronic Communication
Visiting franklinjewels.com or sending emails to franklinjewels.com constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Acceptable Uses
You may use the Site for legitimate shopping purposes only. You may not harm the Site in any way or otherwise use the Site in any improper manner, including, but not limited to, hacking into the Site’s systems, spoofing or facing e-mail headers or slowing or stopping the functionality of the Site.
You will not use any electronic communication feature of the Site for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful, all as determined by Franklin Jewelers in its sole and absolute discretion; (b) you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (c) you will not collect or store personal data about other users; (d) you will not use the Site for any commercial purpose not expressly approved by Franklin Jewelers in writing; (e) you will not upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication via the Site; and (f) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of the Site or any computer software or hardware or telecommunications equipment.
Purchases
Franklin Jewelers presents product information and allows you to place orders through our website. Order and acceptance of a contract between you and Franklin Jewelers (“Contract”) will take place only when you make full or part payment at checkout, unless you cancel the order prior to completion, or we do not accept it or later cancel the order in accordance with our terms below. You agree to pay the amounts displayed to you at the time of purchase, as well as any applicable taxes and fees.
If you wish to purchase any product or service made available through the Site, you may be asked to supply certain information relevant to your transaction, including without limitation your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant us or the third party collecting that information on our behalf the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction.
Products and Services
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities 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 and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. In addition, Franklin Jewelers does not warrant that product descriptions or other content are accurate, complete, reliable, current or error free. If a product offered by Franklin Jewelers is not as described, your sole remedy is to return it in unused condition.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant 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 Service will be corrected.
Pricing Policy
Prices for our products are subject to change without notice. We reserve the right at any time 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. Price discrepancies, as the result of technical or human error, will not be honored.
Cancellation and Refund Policy
You may cancel your order at any time prior to shipping for a full refund. After receipt, you may also return your merchandise for a refund (net of shipping/handling/insurance) in the form of a credit to the original credit card used to make the purchase. Refer to our Returns policy page for details. Please contact us at sales@franklinjewels.com with any questions.
Terms of Sales
Franklin Jewelers currently ships to locations within the 50 United States and Puerto Rico. Orders already in the shipping process cannot be modified. Franklin Jewelers charges sales tax for merchandise ordered on the Site based on the applicable state sales tax rate of the location to which the order is being shipped. If your credit card has already been charged for the purchase and your order is cancelled, Franklin Jewelers will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. Franklin Jewelers reserves the right to limit quantities of products purchased.
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 or distributors.
Franklin Jewelers can ship to international locations outside of the United States. International purchases are final, and no returns shall be accepted unless the item/s purchased do not meet the description as mentioned on the website. International customers are responsible for all their local customs clearance obligation, customs duties &/or local taxes.
Limitations of Liabilities
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 for indefinite periods of time or cancel the service at any time, without notice to you. 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 through the service are (except as 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 Popular Jewelry, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, 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, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, 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, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Disclaimer
YOU AGREE THAT YOUR USE OF THE SITE AND SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FRANKLIN JEWELERS, AND ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, SHAREHOLDER, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF FRANKLINJEWELS.COM, DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE, SERVICES AND YOUR USE THEREOF. FRANKLIN JEWELERS MAKES NO WARRANTIES, CONDITIONS OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. FRANKLIN JEWELERS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY HYPERLINKED WEBSITE OR OTHER PROMOTION, AND FRANKLIN JEWELERS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FRANKLIN JEWELERS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Indemnification
To the extent permitted by governing law, you agree to indemnify, defend, hold harmless, Franklin Jewelers, its affiliates, parents, its independent contractors, service providers, consultants, and their respective officers, directors, employees, agents, licensors, licensees, representatives, and third party providers, to the Site from and against all losses, expenses, damages, and costs, including reasonable attorney’s fees, resulting from any violation of this agreement by you. Franklin Jewelers reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Franklin Jewelers in asserting any available defenses. This obligation to indemnify Franklin Jewelers does not include any claims asserted by a third party that arise from any negligent, grossly negligent, reckless, willful, fraudulent, or intentional conduct committed by Franklin Jewelers.
Arbitration
All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration. The arbitration shall be conducted by Arbitration Resolution Services, Inc. (ARS) and the parties shall be bound by any and all rules of ARS and any award/decision rendered. ARS rules can be found at www.arbresolutions.com. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all decisions. Any such arbitration shall be conducted by an arbitrator experienced in the jewelry, diamond and gemstone industry and shall include a written record of the arbitration hearing. An award of arbitration may be confirmed in a court within the State of Alaska, United States of America.
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.
Termination
Users agree that Franklin Jewelers may terminate users’ access to and use of the Site if Franklin Jewelers reasonably believes that users have violated or acted inconsistently with the letter or spirit of the Terms, or violated the rights of Franklin Jewelers or any third party, or for any reason with or without notice to user. User agrees that Franklin Jewelers may modify or discontinue the Site, with or without notice to them. Users agree that Franklin Jewelers will not be liable to them or any third party as a result of such modification or discontinuation.
Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Alaska.
Contact Information
Questions and concerns about our Terms can be sent and addressed to us at sales@franklinjewels.com
Miscellaneous
Both you and Franklin Jewelers acknowledge and agree that no partnership is formed and neither of you nor Franklin Jewelers has the power or the authority to obligate or bind the other. The failure of Franklin Jewelers to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state, or local governmental authorities or for any other reason beyond the reasonable control of Franklin Jewelers, shall not be deemed a breach of these Terms
If Franklin Jewelers fails to act with respect to your breach or anyone else's breach on any occasion, Franklin Jewelers is not waiving its right to act with respect to future or similar breaches.
These Terms constitute a binding agreement between you and Franklin Jewelers and are accepted by you upon your use of the Site or your account. These Terms constitute the entire agreement between you and Franklin Jewelers regarding the use of the Site. By using the Site, you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.