Terms and Conditions
This website is operated by Long’s Jewelers, Ltd. d/b/a Farewell Diamond. Throughout the site, the terms “Long’s”, “Long’s Jewelers”, “we”, “us” and “our” refer to Long’s Jewelers, Ltd. Long’s Jewelers 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.
By visiting our site, and/ or entering into a transaction with 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.
SECTION 1 – COMPLIANCE WITH APPLICABLE LAWS
By using our Services (as defined in our Terms of Service) and shipping items to us, you agree that you shall comply with the following:
- You are not in violation of the section below entitled: PROHIBITED USES.
- You will provide positive identification (positive identification shall mean any picture identification card issued by a governmental agency).
- You will comply with all other requires of a seller as may be applicable under M.G.L ch. 140, section 54, and the local ordinances of the City of Burlington, Massachusetts at Article XIII (each as may be modified and or amended).
- At your request, you can read our Shopkeeper Notice (a document from local government which grants us the right to buy diamonds and jewelry from the public). For a copy, please contact email@example.com.
- You are not in violation of our Patriot Act Compliance and AML Statement.
- You agree to provide us with such additional information as we may reasonably require.
- You will sign a sworn statement/affidavit that certifies that you are the lawful owner of the items being sold; which statement provides your name, date of birth and physical address (no P.O. boxes); which contains an affirmative representation that the signature on the statement/affidavit is your own; and which confirms that you have read, understood, and complied with these provisions.
- Your address is in the United States of America and you have access to send and receive Federal Express and US Postal Service packages.
SECTION 2 – PAYMENT
All payments shall be made by check drawn on Long’s corporate account, which shall be mailed USPS First Class mail within 1 to 2 business days of offer acceptance unless otherwise agreed. Your acceptance of a payment concludes the transaction. If for any reason you are not satisfied, you must return the check (without having deposited it) within 30 business days of offer acceptance, failing which you waive any further right to dispute the transaction. Your return of payment does not serve to cancel the transaction, but merely reserves your right to request a cancellation. If we determine that there is a valid reason to cancel the transaction, after your payment back to us clears, the items will be returned to you. You are responsible for shipping and insuring items for returns.
SECTION 3 – INSURANCE AGAINST RISK OF LOSS
When evaluating your jewelry for purchase at our office, we will provide you with Federal Express shipping packaging and shipping label, and provided that you use our container and fully follow our shipping instructions, we will provide insurance coverage against the loss of contents to our mutually agreed upon cash value amount, not to exceed $15,000 (higher values must have prior written approval from Farewell Diamond). YOU MUST FOLLOW ALL OF THE SHIPPING INSTRUCTIONS WE PROVIDE. In the event that you fail to follow all of the shipping instructions provided, Farewell Diamond will not be held responsible for any loss or damage. Our liability in the event of loss or damage is limited to the amount of the insurance recovery. You waive any other claim against us with respect to loss or damage during shipping. If you ship your items to us by any other method, we reserve the right to refuse the package, you will be responsible for insuring the entire value, and we will have no liability whatsoever.
You hereby waive and disclaim any loss of profit, loss of time, incidental, consequential, punitive damage or otherwise.
SECTION 4 – OFFER TO PURCHASE
Unless and until we have received and examined the item, any value attributed to the item is merely an estimate and any offer is preliminary and subject to a physical examination. We reserve the right to modify or amend the offer after our examination. Once we evaluate and make an offer, that offer is valid for 5 days. If you accept our final offer, the transaction will be deemed to have been accepted and we will proceed to pay you in accordance with the terms set forth herein. If you do not accept our offer, we will arrange for your items will be returned to you by FedEx overnight or 2nd day expedited service and shall be insured in accordance with Section 3 above. We do require a recipient delivery signature when returning items to you.
SECTION 5 – PROHIBITED USES
In addition to other prohibitions as set forth herein, 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 6 – SEVERABILITY
In the event any provision of these Terms and Conditions is held to be illegal, invalid or unenforceable to any extent, (i) the legality, validity and enforceability of the remainder of these Terms and Conditions shall not be affected thereby, (ii) said provision shall be modified by the court to the minimum extent necessary to render it not illegal, invalid or unenforceable, and (iii) these Terms and Conditions shall continue in full force and effect as modified and shall be enforced to the greatest extent permitted by law.
SECTION 7 – GOVERNING LAW; VENUE; CONSENT TO JURISDICTION.
These Terms and Conditions and all rights and obligations of the parties shall be governed, construed and interpreted under and pursuant to the laws of the Commonwealth of Massachusetts applicable to agreements made and to be performed entirely within such State. The jurisdiction for any action arising out of or relating to these Terms and Conditions and the transactions contemplated herein shall be exclusively in a State or Federal court of appropriate jurisdiction located in or having jurisdiction over Suffolk, Middlesex or Essex County, Massachusetts. Each party to this Agreement hereby waives any objection to the jurisdiction of or venue in any such court and to the service of process issued by such court and agrees that each may be served by any method of process described in the Massachusetts or Federal Rules of Civil Procedure. Each party to this Agreement hereby waives any right to claim that any such court is an inconvenient forum or any similar defense.
SECTION 8 – 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 9 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.