terms-and-conditions

By using our site, you are agreeing to comply with the terms of this Web Access Agreement. This Agreement contains the legal principles that control your use of, and purchases from, the MoissaniteFineJewelry.com family of websites. MoissaniteFineJewelry.com has the right to update or modify the terms of this Agreement as described below. Please review our Web Access Agreement periodically to stay up-to-date on Agreement updates or modifications.

Our Company

With more than three decades of experience in the fine jewelry business, MoissaniteFineJewelry.com is pleased to offer you one of the largest and most unique collections of moissanite jewelry available anywhere. MoissaniteFineJewelry.com also allows you access to world-renowned jewelry designers and gives you the ability to custom design your own ring. Whether you choose to purchase or create your jewelry, you will receive the benefit of over 35 years of experience and unparalleled customer service.

Customer Service

Known for our outstanding customer service, MoissaniteFineJewelry.com welcomes your questions or comments about this Agreement or our products and services. Please contact our Customer Service:

Email

Questions@MoissaniteFineJewelry.com

Telephone

1-888-345-8725 (toll free in the U.S.) or 1-605-361-5659

By Mail

MoissaniteFineJewelry.com
Goodyear Plaza
1500 South Sycamore Avenue
Store #102
Sioux Falls, SD 57110 USA

Products

You may select from a diverse array of fine Moissanite and diamond jewelry on MoissaniteFineJewelry.com's website or you may also choose to have your ideal ring custom made with our exclusive Design Your Own Rings program.

Design Your Own Ring

The MoissaniteFineJewelry.com Design Your Own Ring program allows you to work closely with highly skilled custom design specialists to create your ideal ring. Your custom ring can be based on a photo, drawing or other concept. You may also incorporate any precious metal, gemstone or combination of gemstones that you desire. You may choose to have a computer-automated design (CAD) prepared prior to the actual casting of your ring. This is a very important step in creating your ring, as it will allow you the opportunity to review and approve the rudimentary design prior to the ring’s fabrication. You will be responsible for paying the cost of creating the CAD drawing in the event you choose not to have your ring made.

Rings

All rings in our enormous inventory are custom made to order, and specifically handcrafted per your specifications. This means that the ring is fabricated only after you have initiated your order. We do not stock inventory. By using this fabrication method we are able to pass through cost savings that would otherwise not be possible. Every ring in our vast collection is made the United States, including the exclusive work of our world-class jewelry craftsmen—including Sholdt™ and Danhov™. We strongly encourage you to have a sizing done by a professional jeweler prior to placing your order.

Moissanite Overnight™

All rings in our Moissanite-Overnight section are only available in standard sizes. Women’s rings are sized between 6 & 7 and men’s rings are sized between 9 & 10. We recommend that that you have your ring sized to fit perfectly by your local professional jeweler.

Loose Moissanite Gemstones

Each of our Moissanite gemstones are guaranteed to be genuine Forever Brilliant Moissanite. Each gemstone comes with its own certificate of authenticity and Limited Lifetime Warranty from Charles and Colvard, the sole manufacturer of Forever Brilliant Moissanite.

Made in the USA

We are proud to inform you that all MoissaniteFineJewelry.com jewelry is made in the United States. MoissaniteFineJewelry.com purchases diamonds from suppliers who adhere to the United Nations Kimberly Process. The United Nations Kimberly Process was designed to certify that diamonds have been purchased from sources not involved in funding conflict where diamonds are mined.

The jewelry available from the MoissaniteFineJewelry.com website is subject to change. MoissaniteFineJewelry.com cannot guarantee continued availability of any item.

Pricing

Prices shown on the MoissaniteFineJewelry.com family of websites are firm; we are not able to negotiate special prices. MoissaniteFineJewelry.com does offer a 5% discount to military personnel. To qualify for this discount, you need only provide us with a copy of your current active or reserve duty military ID.

MoissaniteFineJewelry.com reserves the right to change prices without notice. Changes to prices may reflect fluctuating costs of precious metals and gemstones. In rare instances, prices or other information on the website may be inaccurate. MoissaniteFineJewelry.com reserves the right to correct any and all errors and to provide you accurate information as soon as possible. MoissaniteFineJewelry.com is not obligated to honor inaccurate prices under any circumstances.

Ownership of Information

You retain all rights to your personally identifiable information. MoissaniteFineJewelry.com owns the rights to certain proprietary information, including trademarks, copyrighted text, graphics and designs, on its websites and to all research collected through the websites. All rights, including all intellectual property rights, with respect to ideas, concepts, drawings or photos submitted are assigned and transferred to MoissaniteFineJewelry.com and MoissaniteFineJewelry.com may use such or reproduce such items at any time, without notice or compensation of any kind.


Return Policy

You can return only new, unworn items with the original security tag in place and not tampered with. MoissaniteFineJewelry.com cannot accept any returns that have altered wear labels or security tags or that have been worn, resized, engraved, changed or damaged. The original security tag must still be attached to the unworn item in order for refunds to be processed. If the tag has been removed or altered in any way (including removal and re-attachment by the customer) the return policy is voided. MoissaniteFineJewelry.com will not accept any returns with scratches, micro-scratches, dirt or other signs of even with security tags in place. MoissaniteFineJewelry.com is not responsible for items lost or damaged during shipping.

How To Return An Order

Before returning any jewelry to MoissaniteFineJewelry.com, you MUST complete the following:
1) Contact MoissaniteFineJewelry.com Customer Service (using one of the methods described in Customer Service above) to obtain a Return Authorization Number (RA#);
2) Clearly write the RA# on the outside of the package since packages without a clear RA# will not be accepted and returned to you;
3) Place the item in its original gift box and include the original invoice, original packing slip, all original packing materials with the gift box in the package;
4) Request a delivery confirmation signature and obtain a tracking number for your return.
5) Pay the appropriate shipping charges and consider appropriate insurance to cover loss during shipping (Shipping may be arranged for you in the event of an item returned immediately due to an obvious defect or due to error by MoissaniteFineJewelry.com.);
6) Review and understand the refund rules and time frame for returning your specific item below;

The refund rules and time frames for return of specific items are provided below. You will receive a detailed invoice with every purchase that contains the date of shipping.

Rings

1. 10 DAYS - Each item is to be returned within 10 days of SHIPMENT. Item returned for exchange or refund will not be a available after this date.
2. Security Tag - In order for refunds to be processed, original security tags must still be attached to the unworn item. Our return policy will be voided if the security tag has been removed (this included removal and re-attachment by the customer).
3. Item Condition - items that have been altered by a jeweler other than MoissaniteFineJewelry.com (i.e. resized rings) are not returnable. Every item must be returned in new condition with absolutely no visible signs of wear.
4. Large and Small Ring Sizes - Women’s rings that are sized above an 8.0 or below a size 4.0 are considered a special order and are not returnable. Please contact us PRIOR to placing your order if you believe this may be a problem.
5. Custom, Special Order, and Design Your Own Rings - Any Custom, Special Order, or Design Your Own Ring item is not returnable or exchangeable. For more information please review the Custom Order section below.
6. RA Number - Packages that do not have an RA# written clearly on the package will not be accepted. Return Authorization numbers are required on all packages.

Earrings and Pendants

1. 10 DAYS - Each item is to be returned within 10 days of SHIPMENT. Item returned for exchange or refund will not be a available after this date.
2. Item Condition- Items that have been altered by a jeweler other than MoissaniteFineJewelry.com (i.e. resized rings) are not returnable. Every item must be returned in new condition with absolutely no visible signs of wear.
3. Custom or Special Order Items - Any Custom or Special Order item is not returnable or exchangeable. For more information please review the Custom Order section below.
4. RA Number - Packages that do not have an RA# written clearly on the package will not be accepted. Return Authorization numbers are required on all packages.

Bracelets

1. 10 DAYS - Each item is to be returned within 10 days of SHIPMENT. Item returned for exchange or refund will not be a available after this date.
2. Security Tag - In order for refunds to be processed, original security tags must still be attached to the unworn item. Our return policy will be voided if the security tag has been removed (this included removal and re-attachment by the customer).
3. Item Condition- Items that have been altered by a jeweler other than MoissaniteFineJewelry.com (i.e. resized rings) are not returnable. Every item must be returned in new condition with absolutely no visible signs of wear.
4. Custom Sizing - Any bracelet that is ordered sized below or above our 7-inch stock size are considered final sale and are not returnable or exchangeable.
5. RA Number - Packages that do not have an RA# written clearly on the package will not be accepted. Return Authorization numbers are required on all packages.

Loose Stones (Including the Forever Brilliant™ Moissanite)

1. 10 DAYS – Loose stones must be returned within 10 days of shipping. If they are not returned by this date, they cannot be returned for exchange or refund. International loose stone orders need to be postmarked / shipped within 14 days of receiving the loose stone(s).
2. Exchanges are not returnable.
3. RA Number: Packages that do not have an RA# written clearly on the package will not be accepted. Return Authorization numbers are required on all packages.

Eternity Rings

1. Because eternity rings are made to fit (and can not be resized) they are considered a special order item. We highly recommend that you have your ring sized by a local professional prior to making your purchase.
2. Exchanges will be offered should an eternity ring not work for you. Again, we will allow exchanges only (no refunds), minus a 15% restocking fee.
3. Security Tag - In order for refunds to be processed, original security tags must still be attached to the unworn item. Our return policy will be voided if the security tag has been removed (this included removal and re-attachment by the customer).
4. Large and Small Ring Sizes- All ladies rings larger than a size 8 and smaller than a size 4 are to be considered special orders and are not returnable. Exceptions may be made on certain styles of rings. Please be sure to contact us before you place an order if you think there may be an issue.

Sale Items

1. All Sale section items are non-returnable and non-refundable. All sales from our Sales section are considered final.

Exchanges & Store Credit

Any item exchanged or purchased using store credit are considered final sale.

Restocking Fees

Since each piece of our jewelry collection is made to order we incur significant costs for items that are returned for a refund. Because of this, we are forced to charge a small restocking fee of 15% on items returned for a refund. If we don’t charge a small restocking fee on returns, our overall pricing would have to be raised significantly, and we would not be able to offer such a massive selection of styles.

With the exception of eternity bands, we charge no restocking fee on items that are exchanged for other items of equal or more value. If you want to exchange an item for another item that is of lesser value, a restocking fee will be applied to the refunded amount only. Outside of a 2.5% restocking fee for the return of multiple (two or more) loose stones, we have NO restocking fee on single (non-enhanced) stones.

Shipping upgrades are not refundable.

Custom Orders

Custom orders are not returnable or exchangeable. Custom orders include:
Any custom made order through the Design Your Own Ring program. Special metal requests that are not available as a regular option on the website (i.e. platinum 18k, pink gold, etc.). Items also marked as "Special Order" on our website.

Your refund amount will be for gemstones and metal included in the ring. MoissaniteFineJewelry.com is not able to refund your entire purchase price because certain amounts paid to our designers and craftsmen are not recoverable. These amounts generally include, but are not limited to, the cost of any CAD drawings and the labor involved in making the ring including casting the metal, sizing, stone setting, and assembly.

Your refund amount will reflect a restocking fee of 25% of the purchase price and standard shipping charges of $20.00.
Our nominal restocking fee reflects the fact that each item or stone was created or acquired at the time of your order.

Special requests for items to be made with CZ, diamonds, or other gemstones that are not offered as a regular option for the item purchased.

Our stones set in customer's jewelry or customer's stones set in our jewelry
Items created at a customer's request that are not normally available on our website
Special cut or size gemstones that are not regularly offered on MoissaniteFineJewelry.com but made available upon request

Order Cancellations

In the event you cancel your order after we have started making your jewelry but before it has shipped, the applicable restocking fee will be charged along with a 2.5% minimum charge to cover lost processing fees. Items considered Special Order include a 20% cancellation fee that will be paid out to our designers and craftsmen for work already completed.

In order to cancel an order, we must contact MoissaniteFineJewelry.com Customer Service to obtain a Return Authorization Number (RA#). Once an item has shipped, the order cannot be canceled.

Exchanges

Any item returned according the Return Policy section above can be exchanged for another piece of MoissaniteFineJewelry.com jewelry of equal or lesser value. All items returned for exchange are subject to a 15% restocking fee. To complete an exchange, you should comply with the Return Policy as provided above. Once MoissaniteFineJewelry.com receives the item you are exchanging, you will receive a company credit for the purchase price less the restocking fee via email. You can use the company credit at any time for other items on MoissaniteFineJewelry.com, without concern about an expiration date.

Product Warranty

Your purchase from MoissaniteFineJewelry.com comes with the following pass-through warranties:

• a Limited Lifetime Warranty for Brillance and Fire from Charles and Colvard® covering each Moissanite gemstone. Charles and Colvard warrant that the Moissanite gemstone will maintain their brilliance and fire. Please click the link to review this Limited Lifetime Warranty. You must activate the Charles and Colvard Warranty for each piece by completing and returning the Warranty Activation Card to MoissaniteFineJewelry.com.

• a limited warranty from the craftsmen responsible for creating your jewelry covering its construction and materials other than the gemstone. The craftsmen warrant that your jewelry will be free from defects for a period of 6 months from the date of receipt. Warranty does not include the cost to replace missing or broken stones. Fees will be charged if it is determined that damage has been done to an item (either intentional or accidental). We will repair the item, and we will include a return shipping charge.

These warranties do not cover loss, theft, disappearance, or intentional or incidental damage to the jewelry, including without limitation, scraping, breakage or chipping resulting from your use of the jewelry. To preserve your warranty protection, you should retain your original invoice and warranty card for each purchase.

MoissaniteFineJewelry.com does not provide any separate or additional warranties. Moissanite Fine Jewelry’s Customer Service strives to assist you with prompt resolution of all issues covered by the warranties. If you receive a product that has an obvious defect, please contact Moissanite Fine Jewelry’s Customer Service immediately (using the methods described in the Questions Section above). You acknowledge that MoissaniteFineJewelry.com has no control over the warranties and cannot guarantee a specific resolution of any warranty issue.

Under no circumstances will MoissaniteFineJewelry.com reimburse for work performed by other jewelers. Any work performed by other jewelers will void all product warranty from MoissaniteFineJewelry.com.

Disclaimer

EXCEPT FOR THE LIMITED WARRANTIES ON THE PRODUCTS PASSED THROUGH FROM CHARLES AND COLVARD AND THE CRAFTSMEN AS DESCRIBED ABOVE, ALL PRODUCTS ARE PROVIDED “AS IS” AND ALL INFORMATION IS PROVIDED “AS AVAILABLE.” Moissanite Fine Jewelry PROVIDES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. Moissanite Fine Jewelry DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, IN ANY MANNER RELATED TO THE PRODUCTS OR INFORMATION ON THE WEBSITES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF NON-INFRINGEMENT, ACCURACY OF INFORMATION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Moissanite Fine Jewelry DOES NOT AND CANNOT WARRANT THAT THE USE OF THE WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR OR VIRUS FREE.

Limitations of Liability

You understand that MoissaniteFineJewelry.com uses third party service partners to provide products and services that you request. Information you transmit to the website, including personally identifiable information may be sent over various networks, including transmission to the United States if you are using the MoissaniteFineJewelry.com website from outside of the United States. For your protection, all personally identifiable information is transmitted to other service providers’ websites or into the United States using 128-bit Secure Socket Layer (SSL) encryption.

IN NO EVENT WILL MoissaniteFineJewelry.com, ITS OWNERS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY OF THE FOLLOWING (WHETHER UNDER CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL THEORY):
• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, GOODWILL OR OTHER INTANGIBLE LOSSES (EVEN IF MoissaniteFineJewelry.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY) resulting from or arising out of: (i) the use or inability to use any website in the MoissaniteFineJewelry.com family of websites; (ii) the cost of procurement of substitute goods or services related to transactions entered through the MoissaniteFineJewelry.com family of websites; (iii) any alteration or unauthorized access to information you transmit to the website; (iv) statements or conduct of any third party on the MoissaniteFineJewelry.com family of websites; or (v) any other matter relating MoissaniteFineJewelry.com family of websites, products or this Web Access Agreement (recognizing that some states do not allow the limitation of incidental or consequential damages);

• Attorneys’ fees or costs incurred by you with respect to any claim arising out of the use of Moissanite Fine Jewelry’s websites or products;

• Damages resulting from your negligent acts and omissions or willful misconduct, including the failure to check the accuracy of information submitted to any of the MoissaniteFineJewelry.com family of websites;

• Damages resulting from the alteration or unauthorized use of your personal information;

• Damages due to acts beyond MoissaniteFineJewelry.com control; or

• Damages resulting from any error, defect, virus, worm, delay of operation or transmission or failure of performance by MoissaniteFineJewelry.com or its affiliates.

Moissanite Fine Jewelry’s total liability to you for all damages will not exceed the purchase price and fees paid to MoissaniteFineJewelry.com for the product or service at issue.

Insurance

Your Moissanite Fine Jewelry fine jewelry will be extremely durable, but it will not be immune to all risks and hazards. MoissaniteFineJewelry.com encourages you to insure your purchase and is pleased to offer you a one-year insurance policy through Jewelers Mutual. If you choose to obtain insurance, you will be responsible for paying the $40.00 cost of preparing a certificate of appraisal suitable for Jewelers Mutual or another insurance company of your choice. If you purchase a ring through our Design Your Own Ring program, MoissaniteFineJewelry.com will provide a complimentary certificate of appraisal.

Your Responsibilities

When you use the MoissaniteFineJewelry.com family of websites, you make the following representations and agreements:

• You are at least 13 years old.
• You understand ALL MoissaniteFineJewelry.com jewelry is made-to-order (except for loose Moissanite gemstones) and that orders can not be placed simply for viewing.
• You agree to pay MoissaniteFineJewelry.com all fees and associated taxes for jewelry purchases or services provided.
• You have provided complete and correct information for your account, including your full legal name, a valid email address, a valid credit card and any other information requested.
• You are authorized make charges to the credit card provided.
• You are responsible for ensuring the accuracy of any information provided to MoissaniteFineJewelry.com.
• You are responsible for any activity using your account, whether or not authorized.
• Your use of the MoissaniteFineJewelry.com website, including all of your purchases and postings, will comply with this Web Access Agreement, the Privacy Policy, and all applicable laws, rules and regulations.
• You must at all times abide by the terms of the current Web Access Agreement and Privacy Policy. This includes respecting all intellectual property rights that may belong to other parties (such as trademarks or photographs).
• You represent and warrant that you own and control all rights to ideas, concepts, photos or drawings you submit, or that you otherwise have the right to provide the item and use of such item will not violate any rights or cause any damage to any person or entity.
• You agree that submission of any items to MoissaniteFineJewelry.com assigns and transfers all rights, including all intellectual property rights, with respect to the items submitted and MoissaniteFineJewelry.com may use such or reproduce such items without notice or compensation of any kind.
• You will reimburse MoissaniteFineJewelry.com for any and all liabilities, damages, or expenses either of MoissaniteFineJewelry.com or asserted by a third party (including interest, attorneys’ fees and other legal costs) that result from your breach of this Web Access Agreement or the Privacy Policy. Any legal actions requiring the participation of MoissaniteFineJewelry.com shall take place in Sioux Falls, South Dakota.

MoissaniteFineJewelry.com may restrict access to its family of websites based upon any failure to comply with these guidelines.

Unauthorized Activities

You agree not to engage in any of the following activities in connection with the MoissaniteFineJewelry.com:
• Modifying, adapting or hacking the MoissaniteFineJewelry.com family of websites or modifying another website to falsely imply that it is associated with MoissaniteFineJewelry.com;
• Copying or using the proprietary materials, including trademarks, copyrighted text, photographs, graphics and designs without express written permission from MoissaniteFineJewelry.com;
• Spamming, mail bombing, spoofing, pharming, phishing or other fraudulent or harmful use of the MoissaniteFineJewelry.com family of websites;
• Transmitting any virus, worm, software lock, drop dead device, trap door, back door, time bomb or similar harmful program; or
• Any verbal, written or other abuse of any MoissaniteFineJewelry.com customer, officer, employee, owner, agent of affiliate.

Consent and Changes to Agreement

This is our entire Web Access Agreement and it supersedes any earlier version. We may occasionally update or modify this Agreement. When a revision is made we will revise the "last updated" date on this page. MoissaniteFineJewelry.com encourages you to periodically review this Agreement to stay up-to-date on updates or modifications. Your continued use of the MoissaniteFineJewelry.com website constitutes your consent to this Web Access Agreement and any updates.

General Terms

• As used in this Web Access Agreement, “Moissanite Fine Jewelry” or “MoissaniteFineJewelry.com” means the company, and its owners, officers, employees, agents and affiliates and “you” means the individual customer and includes any person who has access to your account.

• The failure of MoissaniteFineJewelry.com to enforce any right or term of this Agreement will not constitute a waiver of such right or term.

• This Web Access Agreement and Moissanite Fine Jewelry’s Privacy Policy are governed by and must be interpreted according to the laws of the State of South Dakota, without regard to conflicts of laws principles.

• You agree that any legal action arising from or related to this Web Access Agreement or the use or inability to use MoissaniteFineJewelry.com websites, will be brought only in the state or federal courts located in Sioux Falls, Minnehaha County, South Dakota.

• Please contact MoissaniteFineJewelry.com Customer Service with questions about this Agreement (using the methods described in the Customer Service Section above).

Last updated: March 24, 2014