Dana Rebecca Designs
Terms and Conditions of Sale
(Effective February 27, 2008)
 

These terms and conditions ("Agreement") apply to your purchase of jewelry ("Product") from JND L.L.C. d/b/a Dana Rebecca Designs (“DRD”). These terms and conditions of sale apply to all purchases, including internet, telephone, or in-store purchases. By placing an order and/or accepting delivery of Product, you accept and are bound to the terms and conditions of this Agreement. This Agreement may not be altered, supplemented, or amended by the use of a purchase order or any other document unless otherwise agreed to in a written agreement signed by both you and DRD.

Credit cards: Dana Rebecca Designs accepts the following credit cards

• Visa
• Master Card
• American Express
• Discover

Taxes: Applicable state and local sales taxes will be charged to all sales where Dana Rebecca Designs has a physical presence. Currently this is only Illinois.

Orders; Payment: Orders placed do not constitute a legal contract until DRD ships the Product. Terms of payment are within DRD's sole discretion, and unless otherwise agreed to by DRD, payment must be received by DRD prior to DRD's acceptance of an order. Payment for the Product may be made by credit card, wire transfer, or some other prearranged payment method. If payment is made by credit card, acceptance of orders is subject to credit card verification procedures. We reserve the right to cancel an order if it does not meet our credit card verification standards. If payment is made by personal check, Product will not be shipped until the check clears. Your order is subject to cancellation by DRD, at DRD's sole discretion. DRD is not responsible for pricing, typographical, or other errors, in any offer by DRD and DRD reserves the right to cancel any orders resulting from such errors.

Reserved Rights:

• All prices and availability are subject to change without notice.
• Occasionally, we may have just sold an item which you ordered, and have not had time to take it off our site (or it may have been in your persistent shopping cart). We apologize for any disappointment, but we will reach you to see if you would like a substitution, special order, or just a cancellation.

Signature Required For Delivery:

• If your delivery is over $500 we require a signature for delivery. This is regardless of any waivers you may have with any shipping company (FedEx, UPS, etc.) These requirements are for your protection and will not be waived by Dana Rebecca Designs.
• Since jewelry is often given for engagements or other special occasions, we will be extremely flexible to help you create a wonderful surprise. We can expedite your delivery for a fast approaching special occasion or we can ship your order to an address other than your home to help you maintain your surprise.

Shipping Charges; Title; Risk of Loss; Taxes: Shipping and handling are additional unless otherwise expressly indicated at the time of sale. Title to Product passes from DRD to you upon shipment from DRD's facility. Loss or damage that occurs during shipping by a carrier selected by DRD is DRD's responsibility, HOWEVER, DRD will not be responsible for any physical damage to any shipment if it is not inspected at the time of delivery and damages or suspected damages are not clearly noted on the carrier’s paperwork at the time of delivery. Loss or damage that occurs during shipping by any carrier selected by you is your responsibility. You must notify DRD within 5 days of the date of your purchase if you believe any part of your purchase is missing, wrong or damaged. Unless you provide DRD with a valid and correct tax exemption certificate applicable to your purchase of Product and the Product ship-to location, you are responsible for sales and other taxes associated with the order. Any quoted shipping dates are estimates only.

Return Policy:

• We at Dana Rebecca Designs want you to be satisfied with your purchase. Therefore, you may elect to return or exchange your DRD jewelry within 7 business days after you receive your product and we will issue a refund minus the shipping charges. Please note that items showing signs of wear or those that have been engraved, altered, resized or damaged in any way cannot be accepted for return.
• To return jewelry to Dana Rebecca Designs, please follow the subsequent directions:
  • Email our customer service department at info@danarebeccadesigns.com and you will be given a Return Authorization Number (a return can not be processed without obtaining a RA number first)
  • Package your item securely including all original packing and collateral items. Include your name, address, phone number and email address.
  • Insurance is the responsibility of the individual. Look on the invoice. If the price of the item you are returning is listed as:
    • Under $500 – you can ship it via any carrier, but be sure to ship it fully insured and request a return receipt for confirmation that the package was received
    • Over $500 – Ship your package via US Postal Service Registered mail insured for the total value of the contents. Also, request a return receipt for confirmation that your shipment has reached DRD
      • Both FedEx and UPS will not insure jewelry valued at over $500.
  • All authorized returns should be sent to our corporate office at:
    • Dana Rebecca Designs
      29 East Madison
      Suite 700
      Chicago IL 60602
  • Please follow these instructions exactly, failure to do so will prevent the processing of your return
     
• Please allow 7 business days for the processing of your return or exchange from the date we receive your package. Additionally, refunds on your credit card may take an additional 3 -5 business days to appear on your credit record as your banking institution may require additional days to process and post the transaction to your account once the information is received from DRD.

Special Orders:

• When you place a special order, you have committed to the item. Please note that special orders are outside the scope of regular designed production and are both non-refundable and non-exchangeable from the time the order is placed.
• Special Orders may be canceled only within 48 hours of being placed

Repairs and replacement:

• Repairs and Replacement of Earrings

Please note that all repairs are handled individually and will charged at the customer’s expense. Please contact us at info@danarebeccadesigns.com and we will reply with an estimate of the cost for the repair and further instructions. Make sure to include your name, address, phone number and e-mail address, and note the reason for repair.

All Repairs should be mailed to:
          Dana Rebecca Designs
          29 East Madison
          Suite 700
          Chicago, IL 60602
All items returned for repair must comply with all of the terms of the return policy described above, including obtaining a prior Return Authorization Number and insuring the items returned for repair.

• Please email our customer service department at info@danarebeccadesigns.com for an estimate of the cost of a replacement for a lost earring. With regard to lost earrings, we will do our best to replace lost earrings mates. However, in some circumstances matching color and shapes may not be possible due to the unique nature of Dana Rebecca Designs’ jewelry.

Limitation of Liability. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT ARE DISCLAIMED BY DRD. DRD DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, OR LOSS OF BUSINESS. EXCEPT AS EXPRESSLY PROVIDED HEREIN, DRD WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, DRD IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT PAID FOR THE APPLICABLE PRODUCT.

Governing Law. The parties agree that this Agreement, any sales thereunder, or any claim, dispute or controversy (whether in contract, tort, or otherwise, whether preexisting, present or future, and including statutory, common law, and equitable claims) between you and DRD arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement, DRD’s advertising, or DRD’s website shall be governed by the laws of the state of Illinois, without regard to conflicts of laws rules. Any actions, regardless of form, arising out of your transaction with DRD or the Product must be brought within the applicable statutory period, but in no event more than one year from the date of purchase of Product.