MAJOLIE COLLECTIONS, LLC
TERMS AND CONDITIONS OF SALE (revised march 2023)
All sales made by Majolie Collections, LLC ("MC") are subject to the Terms and Conditions of Sale stated below (the "Terms and Conditions"). No waiver or amendment to these Terms and Conditions shall be binding on MC unless approved by MC in writing. Your order and acceptance of merchandise from MC shall be deemed your acceptance of these Terms and Conditions of Sale:
CREATING A USER ACCOUNT
As a professional jewelry wholesaler, MC sells only to "qualified" retail members of the jewelry trade. "Qualified" retail members, which are determined in MC's absolute and sole discretion, may be required to provide appropriate documentation to MC prior to approval. Such documentation may include, but is not limited to, seller's permits, resale certificates, and/or proof of membership in industry trade groups such as the Jewelers Board of Trade (JBT). Any clients wishing to open an account with MC hereby represent and warrant that they are purchasing the merchandise solely for resale, have all sales tax exemption certificates or other required documentation, and agree to forever hold MC harmless from any claims or liabilities arising from a breach or violation of these representations and warranties. Please note that shipments of merchandise within the state of California require a sales tax exemption certificate.
Additionally, once a client is deemed "qualified" by MC per the above, in order to also qualify for a user account on MC's website at www.majoliecollections.com, the client must have purchased a minimum of USD $7,500.00 worth of merchandise from MC in the past 12 (twelve) months. Such minimum is subject to change at any time without notice and may also depend on where the client's principal place of business is located. Furthermore, in order to avoid an active account to be switched to inactive status, a client must continue to purchase a minimum of USD $7,500.00 from MC on a rolling 12 (twelve) month basis.
PLACEMENT OF ONLINE ORDERS
Qualified members who wish to place an order on MC's website at www.majoliecollections.com should first log in with their assigned username and password. They will then be able to browse the website for items to purchase. For in-stock items, clients can choose if they would like MC to immediately ship such items, or if they would like to review their order first before shipping. For items that are not in-stock, clients will be able to select an option to either have MC automatically place a back order for these items, or to review their order first before committing to them.
After clients have finished selecting their merchandise, they should check out where indicated on the website, upon which they will be instructed to supply their shipping and billing addresses, payment type, and method of shipping. Clients will also be able to add any special requests or comments in the "Comments" section located at check out.
Once the order has been completed, an automated email will be sent confirming initial receipt of the order and the items requested. An MC customer service representative will contact the client to obtain the final confirmation of the order, along with all shipping charges. (Please note that actual shipping charges may vary from what is shown on the website, and is dependent on factors such as the final weight, cost, or destination (i.e., domestic vs. international) of the order. All shipments are F.O.B. Los Angeles at MC's principal place of business, located at 607 South Hill St., Suite 510, Los Angeles CA 90014).
For in-stock items, orders should be processed and shipped within one to two (1-2) business days. For items not in-stock (i.e., back orders), clients should allow between six to eight (6-8) weeks for them to arrive at the MC showroom, after which they will be promptly shipped to the client. In some cases, this period may be longer due to external factors such as Chinese New Year. Clients will have up to three (3) business days after contact by the MC customer service representative to confirm or cancel the back order.
WEBSITE PRICING & WEIGHTS
All prices shown on the website, whether for items that are in-stock or not in-stock, are approximate and may fluctuate depending on various market conditions such as live gold spot and diamond pricing. All prices are subject to change without notice.
All stone, gold and diamond weights are approximate.
PLACEMENT OF ORDERS IN PERSON
Clients are always welcome to come to our showroom to place orders in person and to browse our current in-stock inventory. Our business hours are Monday through Friday, 10:00 am to 5:30 pm, excluding major holidays.
MC's payment terms are set forth on its invoice. Interest may be charged at the rate of one and half percent (1.5%) per month on the outstanding balance of any invoice that has not been paid by the due date.
No merchandise may be returned for any reason without first notifying MC and obtaining a return merchandise authorization number ("RMA") from a MC customer service representative. Any returns shipped to MC without an RMA may be refused without notice and/or automatically returned to the client, and a handling fee may be assessed. All returns or exchanges are subject to approval at MC's final and absolute discretion. MC will not accept returns of altered, re-sized or damaged/abused merchandise (either intentionally or accidentally), and reserves the right to limit a client's returns in certain cases depending on the client's historical return activity. All approved returns will result solely in a credit issued to the client to be used towards future purchases, minus a restocking fee of up to twenty-five percent (25%) of the invoice cost (for returned back orders only). MC reserves the right to deny any return in accordance with the terms of this return policy.
RETURN POLICY PROCEDURES
To initiate a return, clients should request an RMA as described above by contacting their MC customer service representative and advising of the item(s) they would like to return, along with the reason(s) for doing so.
For returns due to manufacturer defect: Such returns must be initiated within seven (7) business days after receipt. If approved, client will receive a credit to be used towards future purchases.
For returns of stock items: Such returns must be initiated within thirty (30) business days after receipt. If approved, client will receive a credit to be used towards future purchases.
For returns of back ordered items: Such returns must be initiated within thirty (30) business days after receipt and may be denied by MC in its sole discretion. If approved, client will receive a credit to be used towards future purchases, minus a restocking fee of up to twenty-five percent (25%) of the invoice cost.
When a return is approved by MC, an RMA will be issued to the client and is valid for five (5) business days (after which the client may need to request another RMA). All returns shall be hand delivered or shipped prepaid to MC's showroom in Los Angeles, CA in the original packaging along with the accompanying invoice. MC does not provide prepaid return labels. Clients are responsible for all shipping and insurance charges incurred, unless otherwise previously approved by MC.
Please allow up to ten (10) business days, after receipt by MC of returned merchandise, for returns to be processed. MC will physically inspect the jewelry and reserves the right to reject any item that is judged to be excessively damaged or otherwise unsellable for any reason, in MC's sole and absolute discretion. If accepted, clients will receive a credit to be used towards future purchases as described above. Please note that MC does not automatically apply return credits to subsequent purchases; clients must notify their MC customer service representative prior to shipment if they wish to use such credits.
MC will agree to repair its merchandise, either by itself or through its authorized vendors, according to the following policy:
For repairs due to manufacturer defect: MC represents that all merchandise conforms to the descriptions and specifications provided on its invoice and is free from defects in material and workmanship. Except as provided herein, MC makes no warranties, express or implied (including but not limited to, any implied warranties of merchantability or fitness for a particular purpose). If any merchandise does not conform to the above, MC will, at its sole election, repair or replace such item, free of charge, for a period of up to six (6) months from the date of shipment.
For all other repairs: All other repairs, including re-sizing, re-shaping and stone/diamond replacement, will be subject to MC's customary charges.
Use of MC's photography may be allowed in limited circumstances only with the prior written consent from an authorized individual at MC. If approved, such photography may be utilized solely for general marketing uses and for no other purpose, including, but not limited to, placement on the client's own retail website for pricing purposes. MC reserves the right to disallow website access to clients who misuse its photography.
GENERAL TERMS AND CONDITIONS
CONFLICT DIAMOND POLICY
The diamonds herein invoiced have been purchased from legitimate sources not involved in funding conflict, in compliance with United Nations Resolutions. The seller (MC) hereby guarantees that these diamonds are conflict free, based on personal knowledge and/or written guarantees provided by the supplier of these diamonds.
LIMITATION OF LIABILITY
In no event shall MC be liable for any indirect, special, incidental or consequential damages resulting from MC's performance or failure to perform under a sale, or the furnishing, performance or use of any merchandise or service provided pursuant hereto, whether due to a breach of contract, breach of warranty, negligence of MC or otherwise. MC shall not be liable for any delay in performance directly or indirectly caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failure, late deliveries by suppliers or other difficulties which are beyond the control of MC. Quantities are subject to availability. In the event of production difficulties or product shortages, MC may allocate sales and deliveries at its own discretion.
The Terms and Conditions of Sale shall be governed by the laws of the State of California, and any action arising out of or relating to this invoice and/ or these terms and conditions shall be brought exclusively in the state courts in the County of Los Angeles, California, or the Federal Court for the Central District of California, if federal jurisdiction exists for the dispute.
ATTORNEYS' FEES AND COSTS
If MC is required to retain legal counsel to assist in its enforcement regarding any dispute in connection with these Terms and Conditions of Sale, and if MC legally prevails in such dispute, MC shall be entitled to recover its reasonable attorneys' fees and costs incurred in connection with such dispute.