General
The following terms and conditions and the website Terms of Use that are adopted by ROCKRAS LLC dba Kimberly McDonald (“Kimberly McDonald”, or referred to herein as “us”, “our” or “we”) and made available as provided therein (collectively, the “Conditions of Sale”) shall apply to all sales of products that you (the “Customer” or “you”) may order from us on the Internet via the Kimberly McDonald website, www.kimberlymcdonald.com (the “Website”), and any associated mobile or digital applications that refer to these Conditions of Sale.
The Conditions of Sale applicable to any order placed through the Website are those in force at the time that an order has been placed. In the case of an order placed through the Website, when you check the “I have read and accept all Conditions of Sale” box at the payment section of the Website before placing your order with Kimberly McDonald, you indicate your acceptance of these Conditions of Sale. If you refuse to accept these Conditions of Sale, you will not be able to order any Kimberly McDonald products from the Website.
Please read the Conditions of Sale and check our Website on a regular basis to be informed of any changes. Kimberly McDonald may modify the Conditions of Sale from time to time, at its sole discretion, and your continued use and/or registration following such change will signify your agreement to be bound in the future by the modified Conditions of Sale. If you are placing an order through the Website, then by checking the “I have read and I accept the Conditions of Sale” box and placing your order, you will be indicating your agreement to be bound by the Conditions of Sale as so modified through such time.
Purchasing Eligibility
By placing an order through our Website you warrant that you are legally capable of entering into binding contracts. Any orders placed in violation of this provision shall be null and void.
By placing an order through the Website, you represent and warrant that you are a bona fide end-user customer and will not deliver, sell or otherwise distribute Kimberly McDonald products or purchase Kimberly McDonald products for commercial purposes or any other commercial benefit.
Product Availability and Inaccuracies
All orders placed on the Website are subject to availability and acceptance by Kimberly McDonald.
We reserve the right to change the assortment of items offered on the Website and may limit from time to time the quantity of products that may be ordered by a Customer in a single buying session, without prior notice.
We are constantly updating our offerings, and the products available on our Website may be described inaccurately, or unavailable, and we may experience delays in updating information regarding our products and in our advertising on other websites. We cannot and do not guarantee the accuracy or completeness of any information, including product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Accounts
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Website or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Orders
If you wish to place an order for products available on our Website, you may be asked to supply certain information relevant to your order including, without limitation, your name, your email, your phone number, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any order; and that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of your order.
Notwithstanding anything to the contrary provided for herein, Kimberly McDonald reserves the right to refuse, cancel and terminate orders at any moment in time. For example, we may refuse, terminate or cancel your order if there is an ongoing dispute concerning payment of a prior order or if Kimberly McDonald suspects, in its sole discretion, that you have engaged in a fraudulent or unauthorized or illegal transaction or have otherwise violated these Conditions of Sale.
Prices, Tax, and Shipping Costs
All prices shown on the product pages of the Website are in U.S. Dollars.
Kimberly McDonald reserves the right to modify prices and delivery costs at any time without prior notice.
Actual shipping costs and applicable taxes will be reflected on your payment page before you are asked to confirm and place your order and will also be reflected in the Order Confirmation. Sales and use taxes will vary based on the location to which products are being shipped. Delivery costs and estimated sales and use taxes are not stated on the product pages but will be added to the product price, if applicable after you have chosen your delivery location and options.
Payment
Kimberly McDonald accepts the following credit cards: Visa, MasterCard, American Express, and Discover, and other online payment methods (PayPal, for example).
When ordering on the Website, you will need to enter your payment details on the appropriate form.
All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to Kimberly McDonald, you will need to contact your card issuer directly to solve this problem, and Kimberly McDonald will not be liable for any delay or non-delivery.
In order to process your order, we may perform security checks on your credit card. The full amount of your purchase may be blocked on your credit card until your order is approved by Kimberly McDonald, and your credit card will be charged the applicable purchase price once your order has shipped. By submitting an offer to purchase Kimberly McDonald products on the Website you expressly authorize Kimberly McDonald to perform such security checks, where Kimberly McDonald deems necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit card number, to authenticate your identity, to validate your credit card, to obtain a credit card authorization and to authorize individual purchase transactions.
Kimberly McDonald takes precautions — including administrative, technical, and physical measures — to safeguard your personal information against loss, theft, and misuse, as well as against unauthorized access, disclosure, alteration, and destruction. Kimberly McDonald uses Secure Sockets Layer (SSL) encryption on all web pages where personal information is collected. Unfortunately, transmitting information over the Internet is not completely secure. Although we will implement appropriate measures to protect your personal information, we cannot guarantee the security of the data you transmit; any transmission is at your own risk and we cannot be held liable. For more information about how we use and protect your information please view our Privacy Policy.
Review and Confirmation
You should carefully check and confirm all details on the payment page before placing your order through the Website, including without limitation the particulars of each sale.
Shipping and Delivery - Fine Jewelry
OVERNIGHT
Kimberly McDonald provides complimentary, overnight shipping and delivery for all fine jewelry pieces. Once you have received a shipping confirmation via email, your purchase will be delivered the following business day.
Please note, signature and ID is required by someone 18 or older at the specified address at the time of delivery for all overnight shipments. Your order is insured for the duration of the shipping process. By signing for the delivery at your specified address, you acknowledge that you are assuming responsibility for the package and its contents.
Shipping and Delivery - Lifestyle and non-bulk Home Décor
Our delivery options may vary. We will estimate shipping price for you based on your order, your shipping address, and the shipping method you choose at checkout.
Estimated delivery times, which may vary due to carrier delays, will be provided upon receipt of shipping confirmation.
Saturday and U.S. federal holidays will not be considered as a regular business day with respect to estimated delivery times. Delivery on Saturday may however be proposed as a service to specific zip codes by a Kimberly McDonald representative. This service may incur more specific charges.
Please note that Kimberly McDonald does not ship to PO boxes, APO/FPO addresses, or hotels. Customers outside the US are responsible for paying customs duties.
Returns and Exchanges
Orders will be accepted for refund or exchange if returned in new, unused, and unaltered condition within 7 days from the date of delivery. The returned product(s) must include the original receipt and original packaging with all tags and stickers attached. Returns of product(s) that are not in compliance with the conditions and timeframes set forth may be rejected by Kimberly McDonald and will be sent back to you.
Please note, should you wish to return or exchange, please contact us at sales@kimberlymcdonald.com to make arrangements. We will provide you with an insured return shipping label, which must be applied to an appropriate and sealed package. Please send back your return or exchange via the provided shipping label. Kimberly McDonald will not be responsible for any loss, theft or damaged return or exchange that is not sent back with the provided shipping label.
Refunds will be issued for returns and store credit for exchanges, less insured return shipping cost, once your product(s) have been inspected by a representative of Kimberly McDonald. Please allow up to fourteen (14) business days for your refund. Your refund will be credited back to the same means of payment as you used for your order. Please note, customs duties are non-refundable for orders shipped outside the US; you may be able to recover these by contacting your local customs office.
Special orders, personalized and custom orders are final sales and cannot be returned or exchanged.
Returns outside of our policy timeframe may be accepted at the discretion of Kimberly McDonald and will only be refunded as a store credit.
We monitor the number of returns made by customers and continued returns in breach of our Conditions of Sale will be flagged and at our discretion may lead to the closure of your Kimberly McDonald account or future orders being refused.
Limitation of Liability
To the fullest extent permitted by applicable law, we disclaim and exclude all other terms, conditions, and warranties in relation to the products and any orders placed through the Website, whether express or implied by statute or otherwise or arising from any previous course of dealing or usage or trade practice.
Nothing in these Conditions of Sale limits or excludes our liability for any liability which cannot be limited or excluded by applicable law. Subject to the preceding sentence, our aggregate liability to you under these Conditions of Sale for any order whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages shall in no event exceed the one hundred percent (100%) of the price of the product(s) in your order.
Please note that in some jurisdictions consumer protection laws do not allow certain exclusions or limitations of warranties or liabilities, and consequently, some of the above exclusions and limitations do not apply.
General Provisions
If any provision or part of a provision, of these Conditions of Sale, is deemed to be illegal, invalid, or unenforceable, the remainder of the provisions of these Conditions of Sale shall be unaffected and shall continue to be fully valid, binding and enforceable.
These Conditions of Sale (and associated terms incorporated by reference) constitute the entire agreement between you and us in relation to the order of products or services and replace and extinguish all prior agreements, draft agreements, arrangements, undertakings, or collateral contracts of any nature made by the parties, whether oral or written, in relation to such subject matter.
We are not responsible for any failure or delay in performing or complying with our obligations under these Conditions of Sale which arises from any cause beyond our reasonable control.
The waiver by us of a breach of any provision of these Conditions of Sale will not operate to be interpreted as a waiver of any other or subsequent breach.
This contract is between us and you. No other person shall have any rights to enforce any of its terms.
Agreement to Arbitration of Claims
These Conditions of Sale shall be governed by and construed in accordance with the Federal Arbitration Act and, where applicable, the laws of the State of New York, without reference to conflict of laws provisions. Any dispute, controversy or claim arising out of or related to the Conditions of Sale, including the validity, invalidity, breach or termination of the Conditions of Sale, or to any product purchased from Kimberly McDonald through the Website, will be resolved by binding arbitration, rather than in court, except that a consumer or Kimberly McDonald may assert claims in small claims court if such claims qualify. You understand and agree that you are waiving your right to sue or go to court to defend your rights, including to a trial by jury, under these Conditions of Sale. In addition, you and Kimberly McDonald understand and agree that the parties will pursue any dispute or claim on an individual basis. The arbitrator shall be empowered to resolve the dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other consumer. You and Kimberly McDonald agree that each may not bring a claim against the other as part of any class action, class arbitration, or other representative proceeding. The arbitration will be conducted in the state and county where you reside (as determined by your address on file with Kimberly McDonald) or at consumer’s election, New York, New York, by the American Arbitration Association (“AAA”) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules.
Before bringing any dispute in arbitration, you and Kimberly McDonald agree that you will first notify the other party and make reasonable efforts for a period of thirty (30) days to resolve amicably any dispute or failure to agree that may arise out of or relate to the product, the Conditions of Sale or any potential or alleged breach thereof. This requirement is a pre-condition, and no claim shall be filed in arbitration (or small claims court) until this provision is first met.