All sales made by B.RAWLINGS LLC (“Seller”) to any customer (“Buyer”) are subject to the following terms and conditions:
Binding provisions. The use of this site is governed by the policies, terms and conditions set forth below. Please read them carefully. Your use of this site indicates your acceptance of these terms and conditions. Your submittal of any purchase order to B.RAWLINGS LLC indicates acceptance of these terms and conditions.
Ordering. All purchase orders are subject to acceptance by Seller. This order expressly limits acceptance to the terms stated herein, and any additional or different terms proposed by the buyer are hereby objected to unless expressly assented to in writing by Seller. After you have placed an order you can check its status in My Account.
Item availability Although we make every effort to fulfill order requests, occasionally materials may not be available. If materials are not available for an item that you’ve ordered, we will notify you via e-mail. Any changes will be reflected in your order total as well as your shipping confirmation.
Sizing. Bracelets are custom made to fit a 6.5 inch wrist. Buyer must notify Seller if buyer desires another size. Reasonable re-sizing for fit is covered by purchase price. Some necklaces are designed for dual looks by doubling-up the chain length of the necklace.
Purchasing & Payment Terms. The purchase price displayed for products on our website represents the full retail price and ground shipping. Pricing may vary in relation to the market. Seller reserves the right to make any necessary changes to the price. Any changes to the price will be disclosed to buyer via e-mail. The amount of any sales, excise or other taxes, if any, applicable to the products shall be added to the purchase price and shall be paid by Buyer. Unless otherwise agreed to, Seller’s acceptance of a purchase order and the resulting enforceable contract of sale is contingent upon buyer’s full payment.
Delivery of Purchased Products. Seller will deliver all products, F.O.B. Seller’s place of shipment, as defined in the Unamended Uniform Commercial Code (“Delivery”). Purchase Orders will ship 2 weeks after confirmation by standard shipping and will not include insurance or certification. Buyer must notify Seller if standard shipping is not desired. Overnight Delivery is available for $35 to many locations. The cost of insurance, certification or any special packing or special handling caused by Buyer’s requirements or requests shall be added to the amount of the purchase order. Claims for products damaged or lost in transit should be made by Buyer to the carrier, as Seller’s responsibility ceases upon Delivery or upon tender of goods to carrier or authorized agent. Seller will make a good faith effort to complete delivery of the products as indicated by Seller in writing, but Seller assumes no responsibility or liability and will accept no liability for loss or damage due to delay or inability to deliver or failure of presupposed conditions, whether or not such loss or damage was made known to Seller, including, but not limited to, liability for Seller’s non-performance caused by supervening circumstances, inability to obtain materials, delays of carriers, contractors or suppliers or any other causes of any kind whatever beyond the control of Seller.
International Shipping of Purchased Products. Buyer may be subject to import duties and taxes which are assessed once a shipment reaches Buyer’s country. Additional customs clearance charges must be paid by Buyer; Seller has no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country; Buyer should contact the local customs office for more information. When ordering from Seller, Buyer is considered the “importer of record” and must comply with all laws and regulations of the country in which Buyer is receiving the goods. Buyers purchasing internationally should be aware that cross-border shipments are subject to opening and inspection by customs authorities. Also, Seller may be required to provide certain order, shipment, and product information, such as description, to our international carriers. This information may be communicated by the carriers to customs authorities to facilitate customs clearance and comply with local laws.
Title and Risk of Loss. Title to the products and risk of loss shall transfer to the Buyer upon Delivery.
Inspection and Acceptance of Products. Claims for damage, shortage or errors in shipping must be reported within three (3) days following receipt of the products by Buyer, otherwise products will be deemed accepted.
Exchanges: No monetary refund will be issued. Seller will gladly exchange and accept the return of products that are defective due to defects in manufacturing and/or workmanship for 45 days from the date of purchase. Fulfillment mistakes that Seller makes resulting in the shipment of incorrect product to Buyer will also be accepted for exchange 21 days from the date of purchase. Jewelry must be returned to Seller in the same condition in which it was received. Shipping and handling charges are non-refundable.
Where do I send my exchange?
Please send your return or exchange to:
485 Brickell Ave, Suite 3003
Miami, Florida 33131, USA
How do I make an exchange of Purchased product?
Securely pack and seal the return merchandise and invoice in an appropriate shipping box or envelope, and send back to Seller using an insured service to the above address. (This will provide Buyer with recourse on Buyer’s package, as Seller cannot accept responsibility for packages that Seller does not ship).
Warranty. All pieces are made to order and are a hand-made custom designed piece of art. Seller therefore cannot guarantee exact stone size, quality or color match from one order to the next. The Seller will make every effort to match a customer’s order as closely as possible to the product description, product image, and listed price, and inform the Buyer immediately if variation is deemed by the Seller to be substantially different between items shown in Seller’s promotional material and/or website, and changes in price. Representations shown in Seller’s promotional material, including Seller’s website may vary slightly from the actual final artwork. THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY BRAWLINGS ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. BRAWLINGS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRICING, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BRAWLINGS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BRAWLINGS DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRICING, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM BRAWLINGS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BRAWLINGS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRICING, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, whether based on contract, tort or any other legal theory, even if Seller has been advised of the possibility of such damages. Notwithstanding the aforementioned, in no event shall Seller’s liability hereunder exceed the amounts received by Seller pursuant to this purchase agreement for the products giving rise to the claim, even if Seller is advised of the possibility of such damages.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Copyrights. All content included on this site, including but not limited to accessory products, text, graphics, logos, button icons, images, audio and video clips, digital downloads, data compilations, and software, is the property of B.RAWLINGS LLC or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of B.RAWLINGS LLC and protected by U.S. and international copyright laws. All software used on this site is the property of B.RAWLINGS LLC or its software suppliers and protected by United States and international copyright laws.
BRAWLINGS, BRAWLINGS.COM, the BRAWLINGS logo, and other BRAWLINGS graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of BRAWLINGS in the U.S. and/or other countries. BRAWLINGS’s trademarks and trade dress may not be used in connection with any product or service that is not BRAWLINGS’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits BRAWLINGS. All other trademarks not owned by BRAWLINGS that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BRAWLINGS.
License and Site Access. BRAWLINGS grants you a limited license to access and make personal use of this site and not to download or modify it, or any portion of it, except with express written consent of BRAWLINGS. This limited license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant or nonmerchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of BRAWLINGS. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of BRAWLINGS without express written consent. You may not use any meta tags or any other “hidden text” utilizing BRAWLINGS’ name or trademarks without the express written consent of BRAWLINGS. Any unauthorized use terminates the permission or license granted by BRAWLINGS. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of BRAWLINGS.COM so long as the link does not portray BRAWLINGS, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any BRAWLINGS logo or other proprietary graphic or trademark as part of the link without express written permission.
Your Account. If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. BRAWLINGS may sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use BRAWLINGS.COM only with involvement of a parent or guardian. BRAWLINGS reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Reviews, Comments, Communications, and Other Content.
We may provide content features that will allow visitors to post reviews, comments, photos, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” In such case you may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a communication or other content. BRAWLINGS reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant BRAWLINGS a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant BRAWLINGS and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify BRAWLINGS for all claims resulting from content you supply. BRAWLINGS has the right but not the obligation to monitor and edit or remove any activity or content. BRAWLINGS takes no responsibility and assumes no liability for any content posted by you or any third party.
Limitation of Liability In no event shall Seller be liable hereunder for any indirect, special, incidental, punitive or consequential damages (including but not limited to loss of revenue or profits, any failure to realize savings or other benefits, loss of reputation) whether based on contract, tort or any other legal theory, even if Seller has been advised of the possibility of such damages. In no event shall Seller’s liability hereunder exceed the amounts received by Seller pursuant to this agreement for the products giving rise to the claim, even if Seller is advised of the possibility of such damages.
Site Policies, Modification, Severability. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and the terms and conditions herein shall be construed and enforced as if such illegal, invalid or unenforceable provision had never been made a part hereof. The remaining provisions herein shall remain in full force and effect and shall not be affected by such illegal, invalid or unenforceable provisions or by their severance herefrom.
Entire Agreement. These terms and conditions shall supercede any prior communications with Seller. The terms and conditions contained herein may not be added to, modified, superseded or otherwise altered except by a written modification signed by the Seller’s authorized representative. All sales of products shall be governed solely by the terms and conditions contained herein.
Governing Law. Any sale of Seller’s Products shall be governed in all respects by the laws of Florida. All actions, regardless of form, arising out of or related to the sale of the Products sold hereunder must be brought against Seller within the applicable statutory period, but in no event more than one (1) year after the date of purchase. Seller and Buyer consent to arbitration and the jurisdiction of the state and federal courts sitting in Miami, Florida, U.S.A.