The term Kim’s fine Jewelers or “us” or “we” refers to the owner of the website. The term “you” refers to the user or viewer of our website.
Kim’s fine Jewelers reserves the right to change or modify any of these Terms and Conditions or any policy or guideline of the Site at any time. our continued use of the Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review these Terms and Conditions and any other applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site.
ALL PERSONS UNDER THE AGE OF 18 ARE DENIED ACCESS TO THIS WEBSITE. IF YOU ARE UNDER 18 YEARS OF AGE, IT IS UNLAWFUL FOR YOU TO VISIT, READ, OR INTERACT WITH THIS WEBSITE OR ITS CONTENTS IN ANY MANNER.
Product Availability And Pricing
If you’re interested in a piece of jewelry that is currently on back order, call us and we can tell you when the item will be back in stock. Sometimes with the volume of orders we receive, an item may go out of stock before we are able to post a notification on the Site. If this happens, we will contact you directly to discuss possible options.
Data, including prices, may be inaccurately displayed on our Site due to system or typographical errors. While we make every attempt to avoid these errors, they may occur. We reserve the right to correct any and all errors when they do occur, and we do not honor inaccurate or erroneous prices. If a product’s listed price is lower than its actual price, we will, at our discretion, either contact you for instructions before shipping the product or cancel the order and notify you of such cancellation. If the order has been shipped, you agree to either return the product or pay the difference between the actual and charged prices. Our prices are also subject to change without notice. We apologize for any inconvenience that this may cause. If you have any questions, please do not hesitate to contact us.
We do not negotiate prices on our products and all our prices are final.
Information On Our Site
At Kim’s fine Jewelers, we make every attempt to ensure that our online catalog is as accurate and complete as possible. In order to give you the opportunity to view our products in great detail, some products may appear larger or smaller than their actual size in our photographs; and since every computer monitor is set differently, color and size may vary slightly.
The Site and all content and other materials, including, without limitation, the Kim’s fine Jewelers logo, and all designs, text, graphics, pictures, selection, coordination, ‘look and feel’, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of Kim’s fine Jewelers or its licensors or users and are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
The Kim’s fine Jewelers logos, and any other product or service name or slogan contained in our Site are trademarks of Kim’s fine Jewelers and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Kim’s fine Jewelers or the applicable trademark holder. You may not use any meta tags or any other “hidden text” utilizing “Kim’s fine Jewelers” or any other name, trademark or product or service name of Kim’s fine Jewelers without our prior written permission. All other trademarks, registered trademarks, product names and Kim’s fine Jewelers names or logos mentioned in our Site are the property of their respective owners.
Third Party Content
Kim’s fine Jewelers may provide links to Web pages and content of third parties (‘Third Party Content’) as a service to those interested in this information. Kim’s fine Jewelers does not monitor or have any control over any Third Party Content or third party Sites. Kim’s fine Jewelers does not endorse any Third Party Content and can make no guarantee as to its accuracy or completeness. Kim’s fine Jewelers does not represent or warrant the accuracy of any information contained therein, and undertakes no responsibility to update or review any Third Party Content. Users use these links and Third Party Content contained therein at their own risk.
Advertisements and Promotions
Kim’s fine Jewelers may run advertisements and promotions from third parties on our Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Kim’s fine Jewelers, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. Kim’s fine Jewelers is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Kim’s fine Jewelers advertisers on our Site.
You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding this site, Kim’s fine Jewelers, or our products or services that are provided by you to Kim’s fine Jewelers are non-confidential and shall become the sole property of Kim’s fine Jewelers. Kim’s fine Jewelers will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You grant Kim’s fine Jewelers and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the content that you submit, or that you otherwise have the right to submit such content to this site; (b) the content is accurate and not misleading; and (c) use and posting of the content you supply will not violate any rights of or cause injury to any person or entity.
Product Reviews And User Content
Our Site includes a product review feature, and includes or may include in the future discussion forums, user generated content, or other areas or services in which you or third parties create, post, or store any content, messages, materials or other items on our Site (‘Interactive Areas’). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through our Site any of the following:
1. Any message, data, information, text, music, sound, photos, video, graphics, code or other material (‘User Content’) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
2. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission.
3. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
4. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
5. Unsolicited promotions, political campaigning, advertising or solicitations;
6. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
7. Viruses, corrupted data or other harmful, disruptive or destructive files; and
8. User Content that, in the sole judgment of Kim’s fine Jewelers, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or our Site, or which may expose Kim’s fine Jewelers or its users to any harm or liability of any type.
Disclaimer Of Warranty
Except as expressly provided to the contrary in a writing by Kim’s fine Jewelers, this site, the content contained therein and the products and services provided on or in connection therewith (the “products and services”) are provided on an “as is” basis without warranties of any kind, either express or implied. Kim’s fine Jewelers disclaims all other warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement as to the information, content, and materials in our site. Kim’s fine Jewelers does not represent or warrant that materials in our site or the services are accurate, complete, reliable, current or error-free. Kim’s fine Jewelers does not represent or warrant that our site or its servers are free of viruses or other harmful components.