1. Scope of application
The Terms and Conditions set forth below shall apply to all use of this Touchstone Crystal Online-Store and Touchstone Crystal Website www.touchstonecrystal.com and related websites (the "Website") and purchase of products through the Website. By using the Website or purchasing through the Website, you agree to these Terms and Conditions. Please read them carefully. By using the Website or purchasing products through the Website, you agree that all agreements, notices, disclosures, and other communications that Touchstone Crystal provides to you electronically satisfy any legal requirements that such agreements, notices, disclosures, and other communications be in writing.
Please be advised that the jewelry available on our Website is intended for and may be purchased only by adults with a valid credit card according to paragraph two hereafter.
2. Your order
Touchstone Crystal only sells products through the Website to adults who are able to purchase its products using a credit card. By purchasing a product using the Website, you represent to Touchstone Crystal that you are an adult and that you are authorized to make the purchase using the credit card account information you provide. When you use this Website, you are responsible for maintaining the confidentiality of your access information and for restricting access to your computer. You agree to accept responsibility for all activities that occur on your computer relating to any use of the Website or any purchase of Touchstone Crystal's products through your computer.
3. Parties to the transaction, customer service, and warranty claims
Touchstone Crystal, Inc. (“Touchstone Crystal”)
One Kenney Drive
Cranston, Rhode Island 02920 USA
which is legally represented by Mr. Edward J. Capobianco, Vice President and General Counsel. All complaints or warranty claims may be sent to this address. Touchstone Crystal’s Customer Service Department may be contacted using the following contact information:
Email: email@example.com - 24 hours a day, seven days a week or via Phone: 800-203-2488
4. Completion of a purchase
Credit card payment is the only form of payment Touchstone Crystal accepts for products ordered through the Website. Any orders placed on this Website constitute a binding offer by you to conclude a purchase with Touchstone Crystal. The binding purchase agreement comes into existence only when Touchstone Crystal accepts your order on the Website by sending you an email or written communication, or by shipping the products ordered.
Where Touchstone Crystal is required by law to collect applicable taxes relating to your order, you authorize Touchstone Crystal to charge the applicable taxes to your credit card.
6. Reservations and exceptions
Touchstone Crystal reserves the right to change prices, terms, specifications, and warranties for products on this Website at any time without prior notice. Touchstone Crystal attempts to post accurate information, but errors may sometimes occur. Any such errors in product specifications, descriptions, and pricing will be corrected when discovered and Touchstone Crystal reserves the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions, including after an order has been submitted. If an error in pricing is discovered after your order has been submitted, Touchstone Crystal will inform you of the error at which time you may cancel or confirm your order at your option.
7. Product availability
Once Touchstone Crystal accepts your order, it will attempt to promptly fill the order, subject to available inventories. Should an item not be available, we kindly ask you to try back again.
8. Terms of payment
The purchase price for the products ordered by you is due upon the shipment of your order by Touchstone Crystal. Upon shipment, Touchstone Crystal will charge the credit card account you identified when your order was placed for the purchase price, the cost of shipping, and applicable taxes. You may not make any set-off against Touchstone Crystal's claim for payment unless the amount set-off is not disputed by Touchstone Crystal or has been the subject of a final and binding judgment against Touchstone Crystal.
9. Delivery and reservation of title
The products ordered will be delivered to the address entered by you through a delivery service selected by Touchstone Crystal. You agree that the products ordered and sent to you remain Touchstone Crystal's property until full payment has been received by Touchstone Crystal.
10. 90-DAY PRODUCT GUARANTEE
If you are not happy with your jewelry, you can return it for a replacement, exchange, or full refund and we’ll pay the shipping. Please contact your Consultant for a postage-paid return label. Products must be returned in saleable condition and in their original packaging.
Our guarantee does not cover damage caused by accident, misuse and abuse, modification, attempted repair, negligence after purchase, wear and tear, and failure to follow the product care instructions.(Please refer to care instructions in your package. If your original selection is no longer available, you may choose another item of equal or greater value and pay the difference. Exchanges or refunds will not be issued after 90 days. Shipping charges are not refundable.
11. Warranty and limitation of liability
LIFETIME PRODUCT WARRANTY
Our products are fully warranted against manufacturing defects. If your jewelry is deemed by Touchstone Crystal to have a manufacturing defect, it may be repaired or replaced free of charge. If you experience a problem with an item, please return it to the Consultant who sold it to you or directly to Touchstone Crystal along with your original sales receipt. If your original selection is no longer available, you may choose another item of equal or greater value and pay the difference. This warranty will not cover damage caused by accident, misuse and abuse, modification, attempted repair, negligence after purchase, wear and tear, and failure to follow the product care instructions.
Items not deemed a manufacturing defect can be replaced for a flat fee, provided the item is still in stock. If its retail value is less than $59.99, it can be replaced for $10.00. If the retail value of your item is $60.00 or more, it can be replaced for $20.00. A shipping and handling fee of $5.00 plus applicable sales tax will be charged.
12. Prohibition of assignment
You may assign your contractual rights under these Terms and Conditions to a third party only with Touchstone Crystal's prior written consent.
13. Applicable law
By using this Website, you agree that the laws of the state of Rhode Island shall govern these Terms and Conditions without giving effect to any conflict of laws principles. Touchstone Crystal reserves the right to make changes to the Website and these Terms and Conditions at any time by updating this posting. By using the Website, you agree to be bound by the Terms and Conditions in effect at the time of your use and/or purchase.
Touchstone Crystal will use your personal data to process the order(s) which you have placed and for market research to improve its product range. The data is stored and processed by Touchstone Crystal. The data will not be sold to or shared with any other third parties. Touchstone Crystal may send you select advertisements for Touchstone Crystal products or notices of special promotions and other opportunities to buy Touchstone Crystal products. If at any time you do not wish to receive Touchstone Crystal advertisements or notices of future Touchstone Crystal promotions, please contact Touchstone Crystal customer support or use the “unsubscribe” option at the bottom of each promotion or advertisement email.
15. Disclaimers and limitations of liability relating to use of the Website
The Website is provided on an "AS IS" and "as available" basis. Neither Touchstone Crystal nor its affiliates, subsidiaries, or designees, nor each of their respective officers, directors, employees, agents, third party content providers, designers, contractors, distributors, merchants, sponsors, licensors, or the like (collectively "affiliates") warrant that use of the Website will be uninterrupted or error-free. Neither Touchstone Crystal nor its affiliates warrant the accuracy, integrity, or completeness of the content provided on the Website. You expressly agree that use of the Website is at your sole risk.
You agree that under no circumstances shall Touchstone Crystal or its affiliates be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Website, including but not limited to reliance by a user on any information obtained on the Website or that result from mistakes, omissions, interruptions, deletion of files email errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Touchstone Crystal records, programs, or services. The foregoing limitation of liability shall apply whether in an action of contract, negligence, or other tort.
16. Proprietary rights
Content included on or comprising the Website, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "content") are protected by copyrights, trademarks, patents, and/or other proprietary rights. All content is copyrighted as a collective work under the U.S. copyright laws and Touchstone Crystal owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of such content. Except as expressly authorized or licensed, you may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from, or in any way exploit any of the content, in whole or in part.
17. Complete agreement
You may not modify, delete, or amend these Terms and Conditions in any manner without the express written agreement of Touchstone Crystal.
The section headings used in these Terms and Conditions are for convenience only and do not form a part of these Terms and Conditions. No construction or inference shall be derived from them.