THANKS FOR VISITING!
This website is operated by Pebble & Polish, Inc. (aka “Pebble & Polish”). Throughout the site, the terms “we,” “us,” and “our” refer to Pebble & Polish, Inc. Pebble & Polish offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. These policies supersede those presented by third parties, including but not limited to Facebook, Instagram, Etsy, and PayPal.
MATT AND SHAUNA'S INTRODUCTION
We appreciate your visit! This shop is an extension of our love for old, beautiful creations. Since you are reading this, we imagine that you, too, love such rare finds. We're here for you! Truly, we want our customers to adore their Pebble & Polish pieces. We are forthcoming business owners operating a shop that's unassuming by design, and we strive to keep things easy and pleasant for all involved. If you have any questions, please ask! Concerns? Let us know! We'll do what we can to help.
We're happy to offer a five-day examination window for all pieces listed on our website (see exceptions below). You may return the first refund-eligible item you purchase in its original, unaltered condition within five days of receipt for a full refund, minus all costs related to your order incurred by Pebble & Polish (including shipping, shipping insurance, and international currency exchange costs). Returns must be accompanied by all documentation (i.e. GIA reports), in good condition, included with the purchase.
Please email us WITHIN FIVE DAYS OF RECEIPT to begin the return process! We will not accept returns that are declared after the five-day examination window.For domestic customers, once you inform us of your return, we will provide a fully-insured shipping label, along with precise shipping instructions. You are granted an additional 2 business days to package and return the item. The cost of the return shipping and insurance will be deducted from your refund.
-To use the return labels we provide, you must take the package to a "staffed" FedEx, such as a FedEx Office Print & Ship Center. You cannot use our labels with a third-party FedEx service provider (such as a FedEx within a Walgreens or other store), nor can you use a FedEx "Drop Box." Contact us for details.
-In cases of in-person purchases, the item must be returned to Pebble & Polish in NYC, likely where the item was initially purchased and delivered/received. We will not come to retrieve the item. Refunds are made using your original form of payment and will be issued within 1-2 business days of our receipt of the returned item, providing the return meets the terms of our return policy.
-It is up to international customers to arrange return shipping and shipping insurance. Please contact us to coordinate. International returns must be classified as a "return" on Customs declarations and shipping forms. If we are charged taxes or similar fees for your return, we will deduct those costs from your refund.
EXCEPTIONS / NOT ELIGIBLE FOR RETURN
– Returns declared after the five-day examination window will not be accepted:
Despite our commitments to offering structurally sound items and to providing accurate descriptions and photographic documentation, mistakes happen. Further, the reality is that jewelry is inherently fragile, especially antique and vintage jewelry. It is the customer's responsibility to thoroughly inspect their purchased item(s) immediately upon receipt. If the customer lacks the appropriate expertise, it is the customer's responsibility to take the item to a local jeweler—preferably one with an expertise in antiques—in order to verify the item's makeup and condition. We are not responsible for any problems disclosed after the five-day examination window. This includes, but is not limited to, any misidentifications, breaks, defects, or lost stones.
To preserve the integrity of your jewelry items, we further recommend that our customers maintain a working relationship with a local jeweler. Be sure to take your ring in for inspection and maintenance regularly. The standard industry recommendation is at least every six months, though this may vary depending on your piece and wear habits. It is the customer's responsibility to care for and maintain item(s) purchased through Pebble & Polish.
– You may not return items that we have altered per your request (sizing is considered an alteration). Further, we are not responsible for any aesthetic or structural changes deriving form alterations we have made per your request. This includes, but is not limited to, sizing, polishing, addition of rhodium or enamel, surface treatments, stone swapping, and hand engraving. If you would like your ring sized or altered, but also want to have the option of returning it, then we suggest buying the piece as-is, making sure that you like it and want to keep it, and then having it altered locally. We will provide a discount code in lieu of offering free sizing. Contact us for more details.
– When returning an item, customers must return all third-party paperwork included with a purchase (this includes, but is not limited to, reports by GIA, EGL, UGL, and any other laboratory). Said documentation must be undamaged and must accompany the item being returned. We will not accept returns unaccompanied by all relevant third-party documentation in good condition.
– Items purchased through a payment plan (layaway) are not eligible for return, and all payments made towards items purchased through a payment plan are nonrefundable and nontransferable. See "PAYMENT PLANS" for further details.
– Custom-ordered items do not qualify for return or refund, and all payments submitted towards custom projects are nonrefundable and nontransferable.We are not responsible for any sourcing, design, production, fabrication, or shipping delays beyond our control.
–Multiple returns: If you return multiple items, either in a single order or through multiple orders placed within a 12 month period, then a 10% fee will be charged for each item returned beyond the first item. (In cases of multiple items per order, the lowest-priced item will be deemed "the first item.") This is in addition to the withholding of shipping costs. Orders bearing the same name, billing address, shipping address, and/or payment method are deemed ordered by the same customer.
– If you return an item that bears signs of alteration or damage not present when the item was first shipped or hand-delivered, then the return will be rejected and we will not issue a refund. Rejected returns will be sent back to the customer at the customer’s expense. The customer has 60 days from the date of us receiving the return to provide the funds for us to ship an intelligible return back to the customer. If the customer neglects to cover the shipping costs within 60 days, then the item will be considered forfeit and will become the sole property of Pebble & Polish.
All in-stock items ship free within the within the continental United States. Each shipment is insured for the full purchase price of the package contents.
Purchases are packaged and shipped within two business days after all related payments have cleared in full. Because jewelry is particularly susceptible to theft, we have a number of security measures built into our payment processing procedure. We also want to protect credit card holders by combating fraudulent purchases; payments may take a few business days to clear. To make up for any delays, we will grant free shipping upgrades when payments take more than two business days to clear our security measures.
Shipping insurance is provided by a third party that specializes in covering jewelry shipments. Items are shipped via FedEx to the customer’s name, "Hold for Pickup," at a FedEx location near the customer’s shipping address. Package retrieval requires the buyer's government-issued photo ID and signature. Packages must be retrieved within five days or the package will be returned automatically to Pebble & Polish. There is a fifteen percent (15%) restocking fee for domestic shipments returned to Pebble & Polish because the customer failed to retrieve the item from FedEx.
Shipped items are considered the sole possession of Pebble & Polish until the shipment is retrieved from FedEx or deemed "Delivered" by the local carrier. Insurance coverage for the shipment ends the moment the package is retrieved from FedEx.
In cases where there is no FedEx location near a customer, or in which a customer prefers to receive a package directly, the insurance coverage for the shipment ends the moment the local carrier deems the package "Delivered", whether or not the customer actually receives the package. Please contact us for more information.
We are not responsible for shipping holds or delays beyond our control.
We will not delay shipping for more than two business days. Please do not purchase an item unless you are available to retrieve the shipment from FedEx.
For international shipping, please send us a message with your exact shipping address, as well as which piece(s) you're interested in. We're happy to provide a quote for international shipping and processing. The price includes international priority shipping through FedEx, insurance coverage for the shipment, and any additional fees added for the processing of international orders.
International shipments will be sent directly to the shipping address provided by the customer. We opt for "Adult Signature Required" where possible, but this service is not always offered by local carriers. Regardless, insurance coverage for international shipments ends the moment the local carrier deems the package "Delivered", whether or not the customer actually receives the package. Please contact us for more information.
International shipments are often intercepted by customers’ local Customs authorities. Once a package is intercepted, Customs and/or FedEx will contact the customer and request that the customer pay relevant taxes and/or sign promissory notes guaranteeing payment of all relevant taxes. It is the sole responsibility of our international customers to research and pay for any taxes, duties, and tariffs related to their purchase. Failure to pay the local import taxes will result in a failed delivery. Failure of the customer or their agent to sign for a package will result in a failed delivery. Failed deliveries are returned automatically and remain the sole property of Pebble & Polish. There is a twenty-five percent (25%) – of the total order price – restocking fee for all failed international shipments. Return shipping for international packages resulting from failed deliveries is not insured and is the sole liability of the customer.
We are not responsible for shipping holds or delays beyond our control.
We're happy to place an item on hold for 48 hours, free of charge. Please note that we do not offer holds for pieces that have been posted to our website and/or Instagram account for less than seven days. To place an item on hold, please send us a message requesting a reservation. Note that we reserve the right to deny hold requests and/or to end a hold period early.
For longer-term holds, we require a nonrefundable deposit of 20% of an item's purchase price. Pieces placed on a paid hold enter automatically into a payment plan and all relevant policies apply (see "MULTIPLE PAYMENTS AND PAYMENT PLANS (LAYAWAY)").
We will not delay shipping for more than two business days. Please do not purchase an item unless you are available to retrieve the shipment from FedEx.
MULTIPLE PAYMENTS AND PAYMENT PLANS (LAYAWAY)
We're happy to arrange payment plans for items over $1000. Please contact us to arrange. Payment plans are executed through direct invoices sent to the customer’s email address and can be paid through partial installments. Items purchased via payment pan do not qualify for return or refund. All monies paid toward a payment plan are nonrefundable and nontransferable.
A deposit of at least 20% of the total purchase price is required to begin a payment plan. Subsequent payments of 20% each are due every consecutive 30 days until the invoice is paid for in full. Any additional costs—such as modifications, international shipping, or late fees—will be added to the total. Payments may be made early or in larger increments provided the monthly minimum is met. We ask to be notified before early payments are submitted. The purchased item will ship within two business days of the invoice being paid in full and all payments fully cleared.
Payments must be submitted on or before their scheduled due dates. It is the customer's responsibility to maintain a timely payment schedule—Pebble & Polish is not responsible for sending reminders or payment requests. Penalties will be issued for late payments (the following percentages relate to the late payment, not the total cost of the piece): A 20% penalty will be issued for payments submitted 1 to 13 days late; a 50% penalty will be issued for payments submitted 14 to 29 days late; a 75% penalty will be issued for payments submitted 30 to 59 days late. If a buyer is more than 59 days late with a scheduled payment, then all monies paid to date will be forfeit and the sale will be canceled. You are required to pay the total price of the invoice —including all penalties and taxes—on or before the final due date. The item will not be shipped until the invoice and all penalty fees are paid in full. Items affiliated with a canceled payment schedule will remain the sole property of Pebble & Polish and will be returned to the market at our discretion. In cases of forfeiture or cancelation, customers do not have the option to recommence their payment schedule, nor do they have the option to reallocate the funds towards another purchase. If you're having trouble making a payment on time, please contact us in advance to work something out!
-Please note that we do not offer payment plans for pieces that have been posted to our website and/or Instagram account for less than seven days.
ALTERATIONS, SIZINGS, AND REPAIRS
Items altered per customer request are not eligible for return.Alterations include (but are not limited to) sizing, re-shanking, polishing, addition or removal of patina, prong reinforcement, and any restoration beyond an item’s physical state at the time of purchase.
-As sizing renders a purchase ineligible for return, you may instead opt to receive a ring as is, make sure you like it and want to keep it, and then have it sized by your local jeweler. If this is how you'd like to proceed, please notify us before you make a purchase. Please be sure to provide the item number and your desired size. We will provide a discount code for submission at checkout. The discount will help offset local sizing costs and is given in lieu of us sizing your ring for free. Should a customer’s local jeweler charge more than the amount of the sizing discount, then it is up to the customer to cover the cost difference. Please note that we cannot guarantee that your local jeweler is able and willing to alter your ring. Take your newly-purchased ring to your jeweler within the five-day return window to confirm that they will size your ring. We will not accept a return after the five-day window.
-Where “free sizing” is noted within an item’s listing, we will cover the costs of a standard sizing with the jeweler of our choice. Atypical, particularly difficult , and/or sizings beyond one step may incur additional costs. If we believe that a sizing for a given piece is ill advised, we will inform the customer. Please contact us in advance of purchase to inquire about the feasibility of sizing a given ring.
-Pebble & Polish is not responsible for any aesthetic, material, or structural changes caused by alterations made per customer request. Note that we prioritize color matching over karat matching. For example, if you purchase a ring in 18K gold, but contemporary 14K gold is closer color-wise, then we will size your ring with 14K gold. If you have any concerns about the end result of an alteration, we strongly recommend working directly with your local jeweler.
ITEM APPEARANCE, ANALYSES, AND DESCRIPTIONS
We inspect every piece for structural integrity, and we go to great lengths to accurately represent each item via detailed, color-balanced photography shot in a neutral space. However, because of fluctuations from monitor to monitor, we cannot guarantee that an item’s color will exactly match that represented on your screen. Further, jewelry items are reflective objects that mirror their surroundings and will therefore change in appearance according to the environment in which they are viewed. Color, texture, sheen, physical condition, and even stone clarity characteristics will vary in appearance depending on lighting, viewing angle, and context. If you have any questions or concerns about an item’s appearance, we encourage you to reach out to us for more images and videos! This is particularly important when committing to a nonrefundable purchase, such as an item bought via payment plan or when requesting that we size a ring before shipping.
When unknown, carat weight is determined by measuring a given stone to the nearest .01mm. The various measurements are then inserted into an “Advanced Diamond Carat Calculator” to determine a window of probable weight. We split the difference and provide the according figure. For example, if the calculator determines that a stone is between 1.35 and 1.55 carats, we represent the diamond as “1.45 carat, est.” or “approx. 1.45 carats.” If depth cannot be measured, only the stone’s length and width will be considered. The frequent asymmetry and unique profile of vintage and antique stones renders their weight particularly difficult to estimate and accuracy cannot be guaranteed.
Stones not accompanied by a third-party report are assessed by a Gemological Institute of America Diamonds Graduate (aka GIA GD) using a 10x jeweler's loupe and the naked eye, per industry standard. We use terminology established by GIA and grade in accordance with our GIA training and experience. Set stones are graded in their mountings as their mountings permit. We do not disclose inclusions or flaws that we cannot see at the time of examination, nor can we account for stone color masked or enhanced by a mounting.Reflections of a setting throughout a diamond are not taken into consideration when assessing a diamond's clarity.
We do not disclose or label specific inclusions, blemishes, or damages affecting a stone. Please contact us if you want a more detailed description of a stone's clarity characteristics. Stones deemed "eye clean" are, in our opinion, free from inclusions or blemishes that are easily noticed with head-on viewing from 18 inches away (arm’s length).
Metal purity is determined by gold or platinum content hallmark. If no such mark exists, then we use the “scratch” or “acid test” method to determine the approximate gold content in karats (K). The information we provide regarding metal purity and karat content is approximate. We do not analyze or disclose the karat content of past repairs, alterations, and/or sizings.
Vintage and antique items are worn by time—they bear blemishes, signs of wear, and aesthetic imperfections.This is what makes each item unique and such characteristics should not be considered defects. While we enjoy such signs of history and longevity, we often take measures to improve the structural integrity and/or aesthetic consistency of our pieces. That noted...
We cannot guarantee the age of our items. Nor do we guarantee, or even claim, that our items are 100% "original."Indeed, most of our pieces have been modified or repaired in some way. This includes, but is not limited to, prong and/or bezel replacement, new shanks, restored engraving, replacement stones, previous sizings, new enamel, surface treatments, and so on. It's also possible that the stones in our items have undergone some form of restoration, including recutting, refaceting, and/or repolishing. We view our items as organic works, physical accumulations of material and intellectual history.
Regarding signed pieces: We often disclose identifiable brands, stamps, and maker's marks within items' respective listings, but we make no guarantees with regard to stamp identification or brand authenticity. Similarly, we do not guarantee the accuracy of our interpretations of inscriptions. We do the best we can, but old inscriptions can be very difficult to read.
GEMOLOGICAL REPORTS AND JEWELRY APPRAISALS
We do not provide appraisals for our items, though we understand the desire for such paperwork. It is our experience that most customers seek an appraisal for insurance purposes. We therefore designed our purchase receipt specifically to meet the common requirements of the insurance industry. Each purchase includes an "insurance friendly" receipt bearing the customer's full name, billing address (usually the home address), detailed description of the purchased item, gemological report number (in cases where reports are included), and an image of the item. In our years of operating, this is all an insurance company has ever required.
In cases where a GIA report for an item's stone(s) is included with the purchase of the item, the report will be noted in the item's listing.
– We retain the right to reproduce, publish, and distribute all images and information related to items offered for sale, designed, or fabricated by Pebble & Polish, even after an item has sold or become unavailable. Usage may include, but is not limited to, social media posts, ad campaigns, website content, and communications.
– All Pebble & Polish designs, including custom pieces created on behalf of customers, remain the sole intellectual property of Pebble & Polish. We reserve the right to reproduce and offer for sale all custom and original designs created through Pebble & Polish.
–These policies are subject to change at any time.
–Item and shipping prices are subject to change at any time.
–We reserve the right to cancel any transaction, including those related to custom designs and purchases made via payment schedule, at any point prior to delivery of the item purchased. All related payments will be refunded within two business days.
–New York local and state taxes will be added to all purchases delivered within New York.
FURTHER TERMS OF SERVICE (PROVIDED BY OUR WEB HOST)
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall PebbleandPolish, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless PebbleandPolish and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New York, New York US 10185.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com.
SECTION 1 - WHAT DO WE DO WITH YOUR INFORMATION?
When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.
When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.
SECTION 2 - CONSENT
How do you get my consent?
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
How do I withdraw my consent?
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at firstname.lastname@example.org.
SECTION 3 - DISCLOSURE
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
SECTION 4 - SHOPIFY
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.
If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
For more insight, you may also want to read Shopify’s Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement (https://www.shopify.com/legal/privacy).
SECTION 5 - THIRD-PARTY SERVICES
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
SECTION 6 - SECURITY
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
SECTION 7 - COOKIES
Here is a list of cookies that we use. We’ve listed them here so you that you can choose if you want to opt-out of cookies or not.
_session_id, unique token, sessional, Allows Shopify to store information about your session (referrer, landing page, etc).
_shopify_visit, no data held, Persistent for 30 minutes from the last visit, Used by our website provider’s internal stats tracker to record the number of visits
_shopify_uniq, no data held, expires midnight (relative to the visitor) of the next day, Counts the number of visits to a store by a single customer.
cart, unique token, persistent for 2 weeks, Stores information about the contents of your cart.
_secure_session_id, unique token, sessional
storefront_digest, unique token, indefinite If the shop has a password, this is used to determine if the current visitor has access.
SECTION 8 - AGE OF CONSENT
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.
QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact us at email@example.com.