THESE TERMS OF SALE (AS DEFINED BELOW) CONTAIN VERY IMPORTANT
INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS
CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ THEM CAREFULLY.


BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS OF SALE. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS OF SALE, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH KELLY WADE JEWELERS, LLC, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.


These terms and conditions (these “Terms of Sale”) apply to the purchase and sale of products and services through kellywadejewelers.com (the “Website”). These Terms of Sale are subject to change by Kelly Wade Jewelers, LLC (referred to as “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms of Sale will be in effect as of the “last updated date” as referenced on the Website. You should review these Terms of Sale prior to purchasing any product or services that are available through this Website. Your continued use of this Website after the
“last updated date” will constitute your acceptance of and agreement to such changes.


These Terms of Sale are an integral part of the Website Terms of Use that apply generally to the use of our Website. You should also carefully review our Privacy Policy before placing an order for products or services through this Website.


Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms of Sale, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.

Prices and Payment Terms.

Prices posted on this Website may be different than prices offered by us at our store located at 5926 Broadway San Antonio, TX (the “Store”). All prices, discounts, and promotions posted on this Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and
charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.


We may offer from time to time promotions on the Website that may affect pricing and that are governed by terms and conditions separate from these Terms of Sale. If there is a conflict between the terms for a promotion and these Terms of Sale, the promotion terms will govern.

Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept Visa, Mastercard, American Express, Discover, Shop Pay, Apply Pay, and Google Pay for all purchases. You represent and warrant that (i) the credit card or other information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card or other method of payment for the purchase, (iii) charges incurred by you will be honored by your credit card company or other method of payment, and (iv) you will pay charges incurred by
you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order.


Shipments; Delivery; Title and Risk of Loss.


We will arrange for shipment of the products to you through a third-party carrier. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.


BY PLACING AN ORDER WITH US, YOU EXPRESSLY AGREE THAT ONCE THE PRODUCT IS DELIVERED TO THE CARRIER, WE ARE NO LONGER RESPONSIBLE FOR IT. Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments, or items lost or stolen in transit.


Online Returns and Refunds. Except for any products designated on the Website as final sale or non-returnable, holiday merchandise, or personalized items, we will accept a return of the products ordered through the Website for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within FOURTEEN (14) days of delivery with valid proof of purchase and provided such products are returned in their original, new, unworn condition with tags attached. To return products by mail, you must call (210) 782-0909 or email us at info@kellywadejewelers.com to obtain a Return Merchandise Authorization ("RMA") number before shipping your product. No returns of any type will be accepted without an RMA number. Alternatively, you may bring the products to our Store with valid proof of purchase. WE DO NOT ACCEPT PRODUCTS FOR RETURNS, AND WILL NOT ISSUE A REFUND AFTER THE 14-DAY PERIOD PROVIDED ABOVE.


You are responsible for all shipping and handling charges on returned items unless otherwise specified. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.

Refunds are processed within approximately THREE (3) business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Website. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS WEBSITE AS NON-RETURNABLE. For defective returns, please refer to the manufacturer's warranty, if any is offered by the manufacturer.

In-Store Returns and Refunds. Except for any products designated as final sale or non-returnable, holiday merchandise, or personalized items, we will accept a return of products purchased at our Store for a refund of your purchase price, provided such return is made within TEN (10) days of purchase with valid proof of purchase and provided such products are returned in their original, new, unworn condition with tags attached. To return products by mail, you must call (210) 782-0909 or email us at info@kellywadejewelers.com to obtain a Return Merchandise Authorization ("RMA") number before shipping your product. No returns of any type will be accepted without an RMA number. Alternatively, you may bring the
products to our Store with valid proof of purchase. WE DO NOT ACCEPT PRODUCTS FOR RETURNS, AND WILL NOT ISSUE A REFUND AFTER THE 10-DAY PERIOD PROVIDED ABOVE.


You are responsible for all shipping and handling charges on returned items unless otherwise specified. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.


Refunds are processed within approximately THREE (3) business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Website. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS WEBSITE AS NON-RETURNABLE.


For defective returns, please refer to the manufacturer's warranty, if any is offered by the manufacturer.


Manufacturer's Warranty and Disclaimers. We do not manufacture or control any of the products or services offered on our Website. The availability of products or services through our Website does not indicate an affiliation with or endorsement of any product, service or manufacturer. Accordingly, we do not provide any warranties with respect to the products or services offered on our Website. However, the products and services offered on our Website may be covered by a manufacturer's warranty. To determine if a product has a manufacturer’s warranty, please contact the manufacturer. To obtain warranty service for defective products, please contact the manufacturer.


ALL PRODUCTS AND SERVICES OFFERED ON THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF
TRADE, OR OTHERWISE.


YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.


1. Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS OF SALE, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR WEBSITE.


The limitation of liability set forth above shall: (i) only apply to the extent permitted by law and (ii) not apply to (A) liability resulting from our gross negligence or willful misconduct and (B) death or bodily injury resulting from our acts or omissions.


Goods Not for Resale or Export. You represent and warrant that you are buying products or services from the Website for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.


Privacy. Our Privacy Policy, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Website.


Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms of Sale, for any failure or delay in our performance under these Terms of Sale when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.


Governing Law and Jurisdiction. This Website is operated from the US. These Terms of Sale shall be governed by, construed, and enforced in accordance with the laws of the State of Texas, considered without regard to its conflicts of law principles. Any claims or causes of action relating to these Terms of Sale or their subject matter shall likewise be resolved in accordance with Texas law. Each party not otherwise subject to the jurisdiction of courts in Texas hereby submits to the jurisdiction of all applicable courts sitting in Texas and, to the fullest extent permitted by law, waives any objection it may now or hereafter have to Texas
courts of proper jurisdiction resolving any such claims or causes of action.


Dispute Resolution and Binding Arbitration.

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.


The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.


If you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.


1. You may elect to pursue your claim in small-claims court rather than arbitration
if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited
solely to your individual dispute or controversy.


2. You agree to an arbitration on an individual basis. In any dispute, YOU WILL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.


1. Assignment. You will not assign any of your rights or delegate any of your
obligations under these Terms of Sale without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Sale.


2. No Waivers. The failure by us to enforce any right or provision of these Terms
of Sale will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by one of our duly authorized representatives.


3. No Third-Party Beneficiaries. These Terms of Sale do not and are not intended
to confer any rights or remedies upon any person other than you.


4. Notices.


1. To You. We may provide any notice to you under these Terms of Sale by: (i) sending a message to the email address you provide or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.


2. To Us. To give us notice under these Terms of Sale, you must contact us as follows: (i) by personal delivery, overnight courier, or registered or certified mail to 5926 Broadway San Antonio, TX, 78209, or (ii) by e-mail to info@kellywadejewelers.com. We may update the e-mail address or address for notices to us by posting a notice on the Website. Notices provided by personal delivery will be effective immediately. Notices provided by e-mail transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after
they are sent.

5. Severability. If any provision of these Terms of Sale is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms of Sale and will not affect the validity or enforceability of the remaining provisions of these Terms of Sale.


6. Entire Agreement. Our order confirmation, these Terms of Sale, our Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms of Sale.