Last updated November 1, 2009
International Transfers. Information collected on this Website may be stored and processed in the United States or any other country in which Shelby Jewelry Collections or its affiliates, subsidiaries or agents maintain facilities and by using this Website, you consent to any such transfer of information outside of your country. Shelby Jewelry Collections abides by the safe harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use and retention of data from the European Union. By using the Website and providing personal information to us, you consent to any such transfer of information outside of your country. Be advised that personal information may be made available, without your knowledge, to the United States government or its agencies, or those of governments in any other country where we or our service providers store or process personal information, under a lawful order made in that country.
Collection and Use of Information
General. In general, you can browse our Website without telling us who you are or revealing any personal information about yourself. At various times, you may decide to provide us with your personal information. You should know that we receive and may store all personal information (whether written or oral) that you provide to us through whatever means you provide such information (through our Website, via e-mail, over the telephone, etc.). Personal information means any information that may be used to identify an individual, including, but not limited to, a first and last name, home, billing or other physical address or email address as well as any information associated with the foregoing. In addition to your contact information, we may collect information about your purchases, billing address, shipping address, gender, occupation, birthday, marital status, anniversary, interests, phone number or other contact information, and credit card information. We may combine the information you provide to us over time and we may combine such information with information that is publicly available, collected through data collection devices, and information that we receive from our partners, affiliates and other third parties.
Use of Your Personal Information
We may use the information we collect about you to:
• Facilitate your purchases and provide the services you request,
• Confirm and track your order,
• Respond to your inquiries and requests,
• Compare and review your personal information for errors, omissions and accuracy,
• Prevent and detect fraud or abuse,
• Improve our Website, service, product offerings, marketing and promotional efforts, and overall customer experience,
• Identify your product and service preferences,
• Understand our customer demographics, preferences, interests, and behavior, and
• Contact you (via email, postal mail, or telephone) regarding products and services (of Shelby Jewelry Collections or our partners) that we believe may be of interest to you.
Personal Information that we May Share with Others
In certain circumstances, we may share your personal information with trusted partners.
• Service Providers: We use trusted third-party service providers to perform certain services on our behalf, including: shipping, payment processing, data storage/management, webhosting, web analytics, fulfillment, assembly, marketing, mailing, emailing, etc. These service providers only receive personal information if such information is needed to perform their function(s), and they are not authorized to use any personal information for any other purpose(s) other than the purpose(s) set forth by Shelby Jewelry Collections.
• Special Events: If you choose to participate in a special event (for example, a promotion, contest, or sweepstakes), Shelby Jewelry Collections may share your personal information with those organizations participating in the applicable event. Unless we tell you otherwise in connection with a special event, these third parties do not use your information for any other purpose other than to manage the event. We may authorize trusted partners to send you information about products and services that may be of interest to you.
• Partners: Shelby Jewelry Collections may provide information to carefully selected partners. In such cases, we might share and/or cross-reference information, including personal information about you that will enable such persons or entities to contact you regarding products and services that may be of interest to you, such as financing services for purchasing Shelby Jewelry Collections products.
• Compliance with Law and Fraud Protection: We may, and you authorize us to use and disclose any information, including personal information: (1) we deem necessary, in our sole discretion, to comply with any applicable law, regulation, legal process, or governmental request; (2) in order to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any personal or as otherwise required by law; (3) to other companies and organizations for credit fraud protection and risk reduction; and (4) to enforce any agreement we have with you.
• Business Transfer: Your personal information may be disclosed as part of any merger, sale of company assets or acquisition, as well as in the event of an insolvency, bankruptcy or receivership, in which personal information would be transferred as one of the business assets of the Company.
Anonymous Information. We may create anonymous records from personal information by excluding information (such as your name) that makes the information personally identifiable to you. We may use these records for internal purposes, such as analyzing usage patterns so that we may enhance our services, and we also reserve the right to use and disclose any information in such records at our discretion.
Comments. We value your comments, feedback, testimonials, etc., which help us improve our website, products, and services. By making such submissions to us, you assign your rights in the submissions to us, as described in the “Submissions” section of our Terms and Conditions page.
Other Uses of Your Information
IP Address. When you visit our Website, Shelby Jewelry Collections collects your IP address to, among other things, help diagnose problems with its server, administer and tune the operation of its Website, analyze trends, track traffic patterns, gather demographic information for aggregate use, and track the date and duration of each session within our Website. Your IP address may also be used in combination with your personal information to prevent fraud or abuse, customize your shopping experience, improve our website, customer service, products, and promotional efforts, and to understand your preferences, patterns and interests.
Children under 13
Shelby Jewelry Collections does not knowingly collect personal information from children under the age of 13. If we learn that we have collected personally identifiable information from a child under the age of 13, we will delete that data from our systems. Please visit the FTC’s website at www.ftc.gov for tips on protecting children’s privacy online.
Shelby Jewelry Collections is committed to the protection of the personally identifiable information that you share with us. We utilize a combination of physical and electronic security technologies, procedures, and organizational measures to help protect your personally identifiable information from unauthorized access, use or disclosure. When we transfer sensitive personal information (for example, credit card information) over the Internet, we protect it using Secure Sockets Layer (SSL) encryption technology. While we strive to safeguard your personal information once we receive it, no transmission of data over the Internet or any other public network can be guaranteed to be 100% secure and, accordingly, we cannot guarantee or warrant the security of any information you disclose or transmit to us.
Accessing and Updating Your Information
If the personally identifiable information Shelby Jewelry Collections has gathered from you changes or you would like to access, correct, or delete such information, we will gladly provide you access to, correct, or delete (to the extent allowed by law) any personal information we have collected about you. To request access to, a correction to, or deletion of your personal information, please send an e-mail to: CustomerService@cleoshelby.com.
We want to communicate with you only if you want to continue to hear from us.
To opt out of receiving email promotions that we send you: (1) select “unsubscribe” on our subscription status page and enter the requested information or follow the unsubscribe instructions in any of our promotional emails; or (2) write to Customer Service at 606 S Olive Street, Suite 1014, Los Angeles, CA 90014 (a “postal request”). To opt out of telephone promotions, you can tell us when we call you or you can send us a postal request. To opt out of postal mail promotions, please send us a postal request.
Opting out of communication with us does not affect our communications with you via telephone or email related to your orders with us. It also does not affect our use of your non-personally identifiable information.
Your California Privacy Rights
If you are a California resident and would like a copy of our notice describing what categories of personal information we share with third parties or corporate affiliates for their direct marketing purposes and the names and addresses of the third parties and affiliates that received your information in the past year, please submit a written request to the following address: Shelby Jewelry Collections Customer Service at 606 S Olive Street, Los Angeles, CA 90014; attn: California Privacy. Please allow up to 30 days for us to process your request. You may submit such a request once per year.
TERMS & CONDITIONS
These terms and conditions apply to the Shelby Jewelry Collections Web site located at www.cleoshelby.com, and all associated Web sites linked to www.cleoshelby.com by Shelby Jewelry Collections, its subsidiaries and affiliates (collectively ‘the Site’). Please read these terms and conditions (the ‘Terms and Conditions’) carefully. BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. These Terms and Conditions govern your use of, and any purchase from, the Shelby Jewelry Collections Site, and constitute an agreement between you and Shelby Jewelry Collections. Shelby Jewelry Collections reserves the right to change or modify any of these Terms and Conditions or any policy or guideline of the Site at any time, and in its sole discretion. Any change or modification will be effective immediately upon posting of the revisions on the Site. Your continued use of the Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review these Terms and Conditions and any other applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.
Product Availability and Pricing
If you’re interested in a piece of jewelry that is currently on back order, call us and we can tell you when the item will be back in stock. Sometimes with the volume of orders we receive, an item may go out of stock before we are able to post a notification on the Site. If this happens, we will contact you directly to discuss possible options.
Data, including prices, may be inaccurately displayed on our Site due to system or typographical errors. While we make every attempt to avoid these errors, they may occur. We reserve the right to correct any and all errors when they do occur, and we do not honor inaccurate or erroneous prices. If a product’s listed price is lower than its actual price, we will, at our discretion, either contact you for instructions before shipping the product or cancel the order and notify you of such cancellation. If the order has been shipped, you agree to either return the product or pay the difference between the actual and charged prices. Our prices are also subject to change without notice. We apologize for any inconvenience that this may cause. If you have any questions, please do not hesitate to contact one of our Customer Service Representatives at: CustomerService@cleoshelby.com.
We do not negotiate prices on our products and all our prices are final.
When you order a loose diamond, we ship it to you with the accompanying diamond grading report (also called a diamond certificate). These grading reports are detailed documents created by diamond grading experts at one of two highly-respected diamond laboratories – making it very expensive to replace a diamond grading report. Because of this, we require each diamond grading report to be included with each returned diamond. If you do not include the diamond grading report with your return, you will be charged a replacement fee of $250.
To keep our prices low, we do not allow comparison purchasing. Comparison purchasing is the act of buying several items with the intent of keeping the one you like best and returning the remainder. This causes undue restocking and inventory overhead and can be very costly. To confirm the quality of a jewelry item, please contact one of our Customer Service Representatives at: CustomerService@cleoshelby.com, and we would be happy to help you make your choice.
Information on our Site
At Shelby Jewelry Collections, we make every attempt to ensure that our online catalog is as accurate and complete as possible. In order to give you the opportunity to view our products in great detail, some products may appear larger or smaller than their actual size in our photographs; and since every computer monitor is set differently, color and size may vary slightly.
Our objective is to provide you with as much information and detail about your prospective purchase as possible so that you can see the beauty and shape of a particular item. In compliance with industry standards and FTC regulations, Shelby Jewelry Collections states that carat total weight in all purchases may vary 0.05 carats from stated weight.
On the Site, we provide the measurement of our products based on our manufacturing specifications. Slight tolerances may be accounted for based on finishing during the manufacturing.
For gemstone and pearl measurements, a tolerance of 0.25mm is allowed.
For diamond jewelry set with multiple diamonds, we provide the minimum total carat weight for the piece. Color and clarity grades are expressed as either a minimum or an average depending on the number of diamonds. If stated as a minimum, all diamonds within the piece are at or above the stated quality. If expressed as an average, collectively the quality is equal to or exceeds the grade stated.
Use of the Site
You are granted a personal, limited, non-sublicensable license to access and use our Site and electronically copy, (except where prohibited without a license) and print to hard copy portions of our Site Materials for your informational, non-commercial and personal use only. Such license is subject to these Terms and Conditions and does not include: (a) any resale or commercial use of our Site or the Site Materials therein; (b) the collection and use of any product listings, pictures or descriptions for commercial purposes; (c) the distribution, public performance or public display of any Site Materials, (d) modifying or otherwise making any derivative uses of our Site and the Site Materials, or any portion thereof; (e) use of any automated means to access, monitor or interact with any portion of our Site, including through data mining, robots, spiders, scraping, or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of our Site, the Site Materials or any information contained therein, except as expressly permitted on our Site; (g) cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisement, or anything else which minimizes, covers, or frames or inhibits the full display of our Site; (h) use our web sites in any way which interferes with the normal operation of our sites; or (i) any use of our Site or the Site Materials other than for its intended purpose. Any use of our Site or the Site Materials other than as specifically authorized herein, without the prior written permission of Shelby Jewelry Collections, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms and Conditions shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time.
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Shelby Jewelry Collections has adopted a policy of terminating and barring, in appropriate circumstances and at Shelby Jewelry Collections’s sole discretion, site users or account holders who are deemed to be repeat infringers. Shelby Jewelry Collections may also at its sole discretion limit access to this site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Content
Shelby Jewelry Collections may provide links to Web pages and content of third parties (‘Third Party Content’) as a service to those interested in this information. Shelby Jewelry Collections does not monitor or have any control over any Third Party Content or third party Sites. Shelby Jewelry Collections does not endorse any Third Party Content and can make no guarantee as to its accuracy or completeness. Shelby Jewelry Collections does not represent or warrant the accuracy of any information contained therein, and undertakes no responsibility to update or review any Third Party Content. Users use these links and Third Party Content contained therein at their own risk.
Advertisements and Promotions
Shelby Jewelry Collections may run advertisements and promotions from third parties on our Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Shelby Jewelry Collections, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. Shelby Jewelry Collections is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Shelby Jewelry Collections advertisers on our Site.
You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding this site, Shelby Jewelry Collections, or our products or services that are provided by you to Shelby Jewelry Collections are non-confidential and shall become the sole property of Shelby Jewelry Collections. Shelby Jewelry Collections will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You grant Shelby Jewelry Collections and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the content that you submit, or that you otherwise have the right to submit such content to this site; (b) the content is accurate and not misleading; and (c) use and posting of the content you supply will not violate any rights of or cause injury to any person or entity.
Product Reviews and User Content
Our Site includes a product review feature, and includes or may include in the future discussion forums, user generated content, or other areas or services in which you or third parties create, post, or store any content, messages, materials or other items on our Site (‘Interactive Areas’). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through our Site any of the following:
1. Any message, data, information, text, music, sound, photos, video, graphics, code or other material (‘User Content’) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
2. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
3. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
4. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
5. Unsolicited promotions, political campaigning, advertising or solicitations;
6. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
7. Viruses, corrupted data or other harmful, disruptive or destructive files; and
8. User Content that, in the sole judgment of Shelby Jewelry Collections, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or our Site, or which may expose Shelby Jewelry Collections or its users to any harm or liability of any type.
If you post User Content to our Site, unless we indicate otherwise, you grant Shelby Jewelry Collections and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You grant Shelby Jewelry Collections and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to our Site; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms and Conditions and will not violate any rights of or cause injury to any person or entity.
You agree to defend, indemnify and hold harmless Shelby Jewelry Collections, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any Content you post, store or otherwise transmit on or through our Site or your use of or inability to use our Site, including without limitation any actual or threatened suit, demand or claim made against Shelby Jewelry Collections and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the Content, your conduct, your violation of these Terms and Conditions or your violation of the rights of any third party.
Disclaimer of Warranty
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY SHELBY JEWELRY COLLECTIONS, THIS SITE, THE CONTENT CONTAINED THEREIN AND THE PRODUCTS AND SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE “PRODUCTS AND SERVICES”) ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SHELBY JEWELRY COLLECTIONS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT, AND MATERIALS IN OUR SITE. SHELBY JEWELRY COLLECTIONS DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN OUR SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. SHELBY JEWELRY COLLECTIONS DOES NOT REPRESENT OR WARRANT THAT OUR SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
IN NO EVENT SHALL SHELBY JEWELRY COLLECTIONS, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR SITE, THE PRODUCTS AND SERVICES, OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH OUR SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CASED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM SHELBY JEWELRY COLLECTIONS, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO SHELBY JEWELRY COLLECTIONS’ RECORDS, PROGRAMS OR SERVICES.
Applicable Law and Venue
These Terms and Conditions and your use of this site will be governed by and construed in accordance with the laws of the State of California, applicable to agreements made and to be entirely performed within the State of Califonia, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions shall be filed only in the state and federal courts located in Los Angeles, California and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of your use of this site, any purchase from this site, or these Terms and Conditions.
Modification and Notice
You agree that Shelby Jewelry Collections may modify these Terms and Conditions and any other policies on our Site at any time and that posting the modified Terms and Conditions or policies on our Site will constitute sufficient notice of such modification.
Notwithstanding any of these Terms and Conditions, Shelby Jewelry Collections reserves the right, without notice and in its sole discretion, to terminate your license to use this site, and to block or prevent future your access to and use of the Site.
If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
Questions & Contact Information
If you have any questions, please do not hesitate to contact one of our Customer Service Representatives at: CustomerService@cleoshelby.com. Terms and Conditions updated on November 1, 2009.