TERMS OF PURCHASE

By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, or entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“User”) agree to be provided with products by ParkFord LLC (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following Terms of Purchase:

GENERAL TERMS.

  1. Upon execution of this Agreement, electronically, or otherwise, the Company agrees to provide jewelry purchased (collectively known as the “Jewelry”) as outlined on Company’s Website at parkfordjewelry.com (“Website”), Checkout Page, or other point of purchase.
  2. The scope of the Jewelry rendered by the Company pursuant to this Agreement shall be solely limited to that contained therein and/or provided for on Company’s Website as part of the Jewelry.
  3. Your Order is not confirmed until you receive acknowledgement from the Company.
  4. Eligible returns are accepted within 14 days of delivery. We do not accept returns on international orders, custom items, personalized items, sale items, and gift cards. 

 DELIVERY.

  1. The Company offers several delivery options to Customers as outlined below.
    • Standard shipping within the domestic US is free. We ship via UPS 2-day unless otherwise specified.
    • Upon Delivery. Customer agrees to check order and make sure there are no signs of damage, or missing/incorrect pieces. Customer agrees to note any issues and contact the Company immediately, damage to the Jewelry must be reported within seven (7) days of delivery. 

PAYMENT AND REFUND POLICY.

  1. Upon execution of this Agreement, Customer agrees to pay to the Company the purchase amount as stated on the Website.
  2. Eligible returns are accepted within 14 days of delivery for a full refund minus any expedited shipping costs paid.
    • We do not accept returns on international orders, custom items, personalized items, final sale items, and gift cards.
    • Return shipping is the responsibility of the buyer, please consider using a trackable shipping service or purchasing shipping insurance for high-value items.
    • Customer must notify the Company within seven (7) days if the customer is not fully satisfied with the purchase of the jewelry and the Company will work with the Customer to receive a refund.
    • All Jewelry returns within the fourteen (14) day period must be in original condition, in the original gift box, and with all original packing material.
    • Non-compliance with the above Terms, or any wear and tear of the Product, may result in an adjustment of refund value.
    • Once the return is verified a refund will be issued back to the same account from which it was paid minus any expedited shipping costs that were selected during the original checkout.
  3. In the event the Jewelry is damaged upon delivery, Customer should notify the Company immediately and the Company will work with Customer to receive a full refund, repair, exchange, or credit. The damaged Jewelry must be reported within seven (7) days of delivery to hi@parkfordjewelry.com

INTELLECTUAL PROPERTY RIGHTS. In respect of the design and Company branding specifically created for the Client as part of this Agreement, the Jeweler maintains all of the copyright, and other intellectual property rights used or subsisting in the Jewelry.  The Jeweler reserves the right to take photographs of the design and final product and Client agrees these pictures may be used for promotion, display, advertisement, internet use, or publication, unless this permission is revoked by the Client.

DISCLAIMERS & RELEASE OF CLAIMS.  By purchasing or otherwise utilizing the Jewelry, the Client acknowledges that the Jeweler is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any Jewelry purchased.  Due to the nature of jewelry design, the Jeweler cannot guarantee that the appearance of the Jewelry will be exactly as imagined or shown through designs. Imperfections or variations may occur naturally. These characteristics are not to be viewed as damages or defects. 

In no event will the Jeweler or the Company be liable to any party for any type of direct, indirect, special, incidental, or consequential damages.  You hereby release the Jeweler and the Company from any and all claims including those related to personal or business interruptions, misapplication or information, or any other loss, condition, or issue.

NON-DISPARAGEMENT. The Parties agree and accept that the only venue for resolving a dispute shall be in the venue set forth herein below. The Parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Coach or any of its programs, affiliates, subsidiaries, employees, agents or representatives.

GOOD FAITH. Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.

LIMITATION OF LIABILITY.  YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE JEWELRY. ADDITIONALLY, PARKFORD LLC IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF THE PARKFORD LLC HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL PARKFORD LLC CUMULATIVE LIABILITY TO YOU EXCEED $100.

DISPUTE RESOLUTION.  If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Madison, WI or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate. 

GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin, regardless of the conflict of laws principles thereof.

ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.