Conditions of Sale

General

The following terms and conditions and any other related rules that are adopted by BLING BLING GEMS LLC and made available as provided herein (collectively, the “Conditions of Sale”) shall apply to all sales of products that you (the “Customer” or “you”), BLING BLING GEMS is an LLC organized and existing under the laws of Florida and having its headquarters at 1717 N Bayshore Dr Miami Florida 33132, U.S.A

BLING BLING GEMS LLC referred to herein as “us”, “our” or “we”) on the Internet via our website, identified by our domain name and any associated mobile or digital applications that refer to these Conditions of Sale.

These Conditions of Sale apply only to sales made through the Platform (NO by phone orders) directly through the by individuals who are purchasing through the BLING BLING GEMS LLC website.( citizens of, or residents living in, the continental United States of America at the time of placing the order). The Conditions of Sale applicable to any order placed through the Client Relations Center or the Platform are those in force at the time that an order has been placed on your behalf by a BLING BLING GEMS LLC employee) or at the time you place your order. In the case of an order placed through the Platform, when you check the “I have read and I accept the Conditions of Sale” box at the payment section of the Platform before placing your order with BLING BLING GEMS LLC , you indicate your acceptance of these Conditions of Sale. If you refuse to accept these Conditions of Sale, you will not be able to order any BLING BLING GEMS LLC products from the Platform or the Client Relations Center.

All sales must be conducted through the website.

No telephone orders permitted.

Please read the Conditions of Sale and check our Platform on a regular basis to be informed of any changes. BLING BLING GEMS LLC may modify the Conditions of Sale from time to time, at its sole discretion, and your continued use and/or registration following such change will signify your agreement to be bound in the future by the modified Conditions of Sale. By checking the “I have read and I accept the Conditions of Sale” box and placing your order, you will be indicating your agreement to be bound by the Conditions of Sale as so modified through such time.

Purchasing eligibility

Only individuals (and not legal entities) who (a) have reached the age of majority (eighteen in most states), (b) have legal capacity to enter into contracts and (c) are citizens of or residents living in the continental United States of America, Alaska, Hawaii or the District of Columbia may order products through the Client Relations Center or on the Platform. If you are under the age of majority or otherwise cannot lawfully enter into a contract, you must have your parent or guardian place an order on your behalf and thereby assent to these Conditions of Sale. Any orders placed in violation of this provision shall be null and void by placing an order through our website , you represent and warrant that you are a bona fide end-user customer and will not deliver, sell or otherwise distribute the purchase BLING BLING GEMS products for commercial purposes or any other commercial benefit.

Product availability; quantity

All orders placed through on the Platform are subject to availability and acceptance by BLING BLING GEMS. If after a purchase has been made, it has come to the attention that the product is no longer available or out of stock, a complete refund will be given to the customer.

BLING BLING GEMS LLC reserves the right to change the assortment of items offered on the Platform or through the website, and may limit from time to time the quantity of products that may be ordered by a Customer in a single buying session, without prior notice. BLING BLING GEMS LLC further reserves the right to refuse at any moment in time, without prior notice, orders exceeding a certain number of authorized products. Currently, there is no limit in any buying session on our website . Additionally, certain products shown may not be available for sale and delivery in some states.

Account registration; personal information; guest checkout

In order to place an order ­on the website, you must register and create an online account on the Platform. In order to create this account, you will be required to provide valid and up-to-date personal information, such as your legal name, phone number and e-mail address, and to confirm that you have reached the age of majority.

When placing an order on the Platform you will be required to provide other personal information as applicable, such as shipping address, billing address and payment details. Additional information may be collected by BLING BLING GEMS LLC or its third party providers at this time for security and anti-fraud purposes.

Orders

If you are ordering on the website , orders will be processed as follows: Once you have chosen a product, click on the “Add to Shopping Bag” icon to place this product in your shopping bag. You may then decide to continue shopping for other products and add them to your shopping bag (subject to availability and quantity limits) or proceed to “Checkout” by clicking on this button. You may also remove one or several products you have selected by clicking on “X” next to the chosen product in the Shopping Bag. Once on the payment page, review your order details and personal information (including email, shipping address, billing address and payment information), check the box next to “I have read and I accept the Conditions of Sale”. Then, click on “Pay Now” to place your order.

Notwithstanding anything to the contrary provided for herein, BLING BLING GEMS LLC reserves the right to refuse, cancel and terminate orders at any moment in time. For example, BBG may refuse, terminate or cancel your order if there is an ongoing dispute concerning payment of a prior order or if BLING BLING GEMS LLC suspects, in its sole discretion, that you have engaged in fraudulent or grey market activities or have otherwise violated these Conditions of Sale.

Prices, tax, shipping costs

All prices shown on the product pages of the Platform are in U.S. Dollars.

Bling Bling Gems LLC reserves the right to modify prices and delivery costs at any time without prior notice.

Actual shipping costs and applicable taxes will be reflected on your payment page before you are asked to confirm and place your order (in the case of a Platform order) and will also be reflected in the Confirmation of Order. Delivery costs, if any, are described in the shipping policy set forth below. Sales and use taxes will vary based on the location to which products are being shipped. Delivery costs and estimated sales and use taxes are not stated on the product pages but will be added to the product price, if applicable, after you have chosen your delivery location and options.

The actual sales tax associated with your purchase will be calculated at the time when your order is to be shipped, at which point you will receive a Confirmation of Order. Please note that changes to applicable law between the date your order is placed and the date you are sent a Confirmation of Order may result in changes to the sales tax associated with your purchase. If the resulting change is an increase in the sales tax you are charged, we will contact you and ask that you reconfirm your purchase.

Payment by credit card

BLING BLING GEMS LLC accepts the following credit cards: Visa, MasterCard, American Express, and Discover and bank debit cards.

When ordering on the Platform, you will need to enter your payment details on the appropriate form. ­No purchases may be made over the telephone.

All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to BBC, you will need to contact your card issuer directly to solve this problem, and BBC will not be liable for any delay or non-delivery.

In order to process your order, we may perform security checks on your credit card. The full amount of your purchase will be blocked on your credit card until your order is approved by BLING BLING GEMS LLC , and your credit card will be charged the applicable purchase price once your order has shipped. By submitting an offer to purchase product BLING BLING GEMS LLC on the Platform or through the BBG platform or website you expressly authorize BLING BLING GEMS LLC, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit-card number, to authenticate your identity, to validate your credit card, to obtain a credit card authorization and to authorize individual purchase transactions.

BLING BLING GEMS LLC takes precautions — including administrative, technical, and physical measures — to safeguard your personal information against loss, theft, and misuse, as well as against unauthorized access, disclosure, alteration, and destruction. Encryption is used on all web pages where personal information is collected. Unfortunately, transmitting information over the Internet is not completely secure. Although we will implement appropriate measures to protect your personal information, we cannot guarantee the security of the data you transmit; any transmission is at your own risk and we cannot be held liable. For more information about how we use and protect your information please view our Privacy Policy.

Acknowledgement of order

Once you have made your choice and your order has been placed on the Platform, you will receive an Acknowledgment of Order by email, acknowledging the details of your order. This Acknowledgment of Order will contain an Order Reference Number assigned by BBG. Please make sure that you save this Order Reference Number for any future enquiries regarding your order.

Confirmation of order

Upon shipment of your order, following completion by BLING BLING GEMS LLC of its anti-fraud, security and related legal checks, BBG will send you by email a written Confirmation of Order. The written Confirmation of Order constitutes the acceptance of your order by BBC and indicates the existence of a binding sales contract.

Proof of agreement

The Acknowledgement of Order and Confirmation of Order that are sent to you by email are deemed to be received when you are able to access them on your computer, mobile or handheld device.

The Confirmation of Order and any automatic recording systems used by the Client Relations Center or the Platform will be proof of a binding agreement between you and BLING BLING GEMS LLC

Limitation of liability

To the fullest extent permitted by applicable law, we disclaim and exclude all other terms, conditions and warranties in relation to the products and any orders placed through the website Platform , whether express or implied by statute or otherwise or arising from any previous course of dealing or usage or trade practice.

Nothing in these Conditions of Sale limits or excludes our liability for any liability which cannot be limited or excluded by applicable law. Subject to the preceding sentence, our aggregate liability to you under these Conditions of Sale for any order whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages shall in no event exceed the one hundred percent (100%) of the price of the product(s) in your order. (No refunds or exchanges will be given on custom made items of 18 karat gold.)

General provisions

If any provision, or part of a provision, of these Conditions of Sale is deemed to be illegal, invalid or unenforceable, the remainder of the provisions of these Conditions of Sale shall be unaffected and shall continue to be fully valid, binding and enforceable.

These Conditions of Sale (and associated terms incorporated by reference) constitute the entire agreement between you and us in relation to the order of products or services, and replace and extinguish all prior agreements, draft agreements, arrangements, undertakings, or collateral contracts of any nature made by the parties, whether oral or written, in relation to such subject matter.

We are not responsible for any failure or delay in performing or complying with our obligations under these Conditions of Sale which arise from any cause beyond our reasonable control.

The waiver by us of a breach of any provision of these Conditions of Sale will not operate to be interpreted as a waiver of any other or subsequent breach.

This contract is between us and you. No other person shall have any rights to enforce any of its terms.

Governing law; agreement to arbitration of claims

These Conditions of Sale shall be governed by and construed in accordance with the Federal Arbitration Act and, where applicable, the laws of the State of Florida , without reference to conflict of laws provisions. Any dispute, controversy or claim arising out of or related to the Conditions of Sale, including the validity, invalidity, breach or termination of the Conditions of Sale, or to any product purchased from BBG through the Platform or website will be resolved by binding arbitration, rather than in court, except that a consumer or BBC may assert claims in small claims court if such claims qualify. You understand and agree that you are waiving your right to sue or go to court to defend your rights, including to a trial by jury, under these Conditions of Sale. In addition, you and BBC understand and agree that the parties will pursue any dispute on an individual basis. The arbitrator is empowered to resolve the dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other consumer. You and BBC agree that each may not bring a claim against the other as part of any class action, class arbitration, or other representative proceeding. The arbitration will be conducted in the state and county where you reside (as determined by your address on file with BBC)

Before bringing any dispute in arbitration, you and BBC r agree that you will first notify the other party and make reasonable efforts for a period of thirty (30) days to resolve amicably any dispute or failure to agree that may arise out of or relate to the product, the Conditions of Sale or any potential or alleged breach thereof. This requirement is a pre-condition, and no claim shall be filed in arbitration (or small claims court) until this provision is first met.