Terms and Conditions
Effective Date: September 3, 2024
Welcome to YearRoundGems.com, a subsidiary of Pelican Pointe LLC. By accessing or using our website, you agree to comply with and be bound by the following terms and conditions. Please read them carefully before using our site or purchasing any products. If you do not agree to these terms, you may not access or use our services.
1. General Use
By accessing YearRoundGems.com, you agree to:
- Use the website for lawful purposes and in accordance with these terms.
- Refrain from using the website in any way that could harm its operation, damage its content, or hinder other users.
- Ensure that any information you provide is accurate, complete, and up to date.
- Refrain from using our website or products for any illegal activities.
We reserve the right to terminate your access to the website or block your account if you violate any part of these terms.
2. Products and Pricing
All products offered on YearRoundGems.com are subject to availability. We strive to ensure that all product descriptions, images, and prices are accurate; however, errors may occur.
a. Pricing:
- All prices are listed in USD and may be subject to applicable taxes or shipping fees based on your location.
- Prices are subject to change without notice, but any change will not affect orders already placed.
b. Product Availability:
We reserve the right to modify or discontinue any product at any time without notice. If an item is out of stock, we will notify you and provide the option to cancel or adjust your order.
c. Product Colors:
We strive to display the colors of our products as accurately as possible. However, due to different monitor settings, the actual color of the product may vary slightly from what is displayed on your screen.
3. Orders and Payment
a. Order Process:
When you place an order on our website, you agree that:
- You have provided accurate and complete information.
- Your payment details are valid and you have sufficient funds to complete the transaction.
- We reserve the right to reject or cancel any order if we believe it violates our terms or involves fraudulent activity.
b. Payment Methods:
We accept various payment methods, including major credit cards and PayPal. All payments are processed through secure third-party payment providers. We do not store your full payment details on our servers.
c. Order Confirmation:
After placing your order, you will receive an email confirming your purchase. This confirmation does not guarantee product availability, and we reserve the right to cancel or modify your order if necessary.
4. Shipping and Delivery
a. Shipping Policy:
We offer shipping within the United States and to select international locations. Shipping rates and delivery times may vary based on your location.
b. Delivery Times:
Estimated delivery times are provided at checkout. Please note that these are estimates, and actual delivery times may vary due to external factors such as customs clearance, courier delays, or unforeseen circumstances.
c. Customs and Duties:
For international orders, customs duties and taxes may apply. You are responsible for any additional charges related to customs clearance in your country.
5. Returns and Refunds
We want you to be completely satisfied with your purchase. If you are not happy with your order, we offer the following return and refund policy:
a. Return Policy:
You may return most items within 30 days of delivery for a full refund or exchange, provided the item is in its original, unused condition with all packaging intact.
b. Non-Returnable Items:
- Customized or personalized products are not eligible for returns unless defective.
- Clearance or final sale items cannot be returned or exchanged.
c. Refunds:
Refunds will be issued to the original payment method used at checkout. Once we receive and inspect the returned item, we will process your refund. Please allow up to 7-10 business days for the refund to appear in your account.
d. Return Shipping:
Customers are responsible for return shipping costs unless the item is defective or we made an error with the order.
6. Intellectual Property
All content on YearRoundGems.com, including images, designs, logos, text, and graphics, is the intellectual property of Pelican Pointe LLC or its content suppliers. You may not use, reproduce, modify, or distribute any content without our express written permission.
You are granted a limited license to access and use the website for personal, non-commercial purposes. Any unauthorized use of the content or materials may violate intellectual property laws.
7. User-Generated Content
If you submit any user-generated content, such as reviews, comments, or photos, to YearRoundGems.com, you agree to grant us a non-exclusive, royalty-free, perpetual license to use, reproduce, and display this content on our site, social media, or marketing materials.
You represent and warrant that:
- The content you submit is your original work and does not infringe on any third-party rights.
- The content is not defamatory, offensive, or otherwise inappropriate.
- You have the legal right to grant us permission to use the content.
We reserve the right to remove or modify user-generated content at any time if we believe it violates our terms or is otherwise harmful.
8. Limitation of Liability
To the fullest extent permitted by law, Pelican Pointe LLC and YearRoundGems.com shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the use of our website or products.
This includes, but is not limited to, any loss of profits, loss of data, or other damages, even if we have been advised of the possibility of such damages.
In no event will our total liability exceed the amount you paid for the product or service that gave rise to the claim.
9. Indemnification
You agree to indemnify and hold harmless Pelican Pointe LLC and YearRoundGems.com, as well as our directors, officers, employees, and affiliates, from any claims, damages, liabilities, and expenses arising from your use of our website, violation of these terms, or infringement of any third-party rights.
10. Privacy Policy
Your use of YearRoundGems.com is also governed by our Privacy Policy, which outlines how we collect, use, and protect your personal information.
11. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. Any disputes arising out of or related to these terms will be resolved in the courts of St. Lucie County, Florida.
12. Changes to Terms and Conditions
We may update or modify these Terms and Conditions at any time, without prior notice. Any changes will be posted on this page, and your continued use of the website after such changes constitutes acceptance of the new terms.
13. Contact Us
If you have any questions or concerns regarding these Terms and Conditions, please contact us at:
YearRoundGems.com
Email: info@yearroundgems.com
Phone: +1 (321) 405-3122
Pelican Pointe LLC
5000 W Midway Rd 13593
Ft. Pierce, FL 34979