Terms & Conditions
Welcome to the RobbinsBrothers.com website (the "Site"), a website owned and operated by Robbins Brothers Jewelry, Inc. ("Robbins Brothers" or "We").
The terms and conditions stated below, along with the policies and guidelines located throughout the Site (collectively, the "Terms") govern your use of, and any purchase of products or services from, the Site.
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND ROBBINS BROTHERS. BY USING THIS SITE, INCLUDING, WITHOUT LIMITATION, BY PURCHASING PRODUCTS OR SERVICES THROUGH THIS SITE, YOU ARE DEEMED TO HAVE ACCEPTED THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, YOU MUST STOP USING THE SITE.
Please be aware that Robbins Brothers may revise these Terms from time to time, in its sole discretion, by updating this posting, effective as of the date of posting. Your continued use of this Site after such posting, including, without limitation, the purchase of products or services through the Site, constitutes your agreement to the changes, and no further notice to you is required. You are responsible for checking these Terms often for updates.
Use of Content on the Site; Proprietary Rights
The Site and all content on the Site (including, without limitation, designs, images, photographs, illustrations, texts and other materials, look and feel, and the selection and arrangement thereof) ("Content"), but excluding User Content (as defined below), are the property of Robbins Brothers, and/or its licensors and are protected by copyrights, trademarks, or other proprietary rights. Without Robbins Brothers express, prior written permission, you may not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, re-post, publish, transmit or otherwise use or exploit any of the Content in any way for any purpose, including, without limitation, using the Content on any other website or in a networked computer environment. Notwithstanding the foregoing, you have the limited right to electronically copy or print pages from the Site for your personal, non-commercial use only, provided that you retain the copyright notice on each page.
The trademarks, logos and service marks (collectively, the "Trademarks") displayed on the Site are registered and unregistered trademarks of Robbins Brothers and/or its licensors. The Trademarks may not be used without prior written consent of Robbins Brothers or its licensor, as the case may be. All rights are reserved.
Rules and Limits on and Modifications to the Site
Robbins Brothers reserves the right, for any reason, in our sole discretion and without notice to you, to terminate, change, correct errors in, suspend or discontinue any aspect of the Site, including, but not limited to, the Content, features and/or availability, and Robbins Brothers will not be liable to you or any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty.
Product Image and Information
We provide product image and information on this Site for your information and convenience. We use commercially reasonable efforts to display the products as accurately as possible on the Site. However, the display you see may depend upon your monitor and computer settings, which may affect color and size of the products. Also, some products may appear larger or smaller than their actual size in our photographs to show detail. We cannot and do not guarantee that the display will accurately portray the product featured on the Site, including its colors, size or other attributes. Also, products displayed may be out-of-stock or discontinued.
Accuracy of Content and Pricing Information
We use commercially reasonable efforts to avoid errors in pricing and product information. If a mistake does occur, we reserve the right to correct it. In the event of a pricing error, Robbins Brothers will take one of the following actions: (a) If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item; or (b) if an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. In addition, due to the fluctuation in metal and diamond prices, product descriptions and availability can change quickly. Robbins Brothers reserves the right, in its sole discretion, to make changes to the information contained herein, including to the products and prices described in the Site, at any time, without prior notice to you. Robbins Brothers does not warrant the accuracy or completeness of the information for products made available for purchase on the Site. You acknowledge and agree that, while information on this Site is periodically updated, it may not be current or complete at the moment you visit this Site and may contain errors or inaccuracies. We are not responsible or liable for any typographical error in our Content regarding price or any other matter on the Site. In no event shall Robbins Brothers or its third party providers be liable to you in any manner whatsoever for any decision made by you, or for any act or failure to act by you, in reliance upon information provided on this Site. If you are dissatisfied with a product you purchased on the Site due to any errors or inaccuracies of information on the Site, as your sole and exclusive remedy and Robbins Brothers' sole and exclusive liability, you may return the product, unused, to Robbins Brothers and receive a refund of your purchase price subject to your strict compliance with our return requirements and procedures. Please review our Return Policy for our requirements and procedures for the return of products you purchased on the Site.
Prices are quoted in U.S. dollars, are effective for U.S. purchases only and are subject to change at any time. Items in your shopping cart will reflect the most recent price displayed on the item's product detail page. Prices are frequently updated to adjust for different reasons, limited pricing, and other discounting. Therefore, prices on the product detail page and in your cart may change after such updates to reflect the current prices. Placing items in your cart does not reserve the current prices shown at that time, and prices are reserved only by placing an order. Discounts are limited-time offers and are not valid with other offers.
Quoted prices on product information pages do not include shipping and handling or applicable sales, use or similar taxes. These items will be calculated once you submit your request to purchase the products. You agree to pay the applicable product purchase price(s) plus additional calculated amounts, including all taxes applicable to any purchase, excluding taxes based on Robbins Brothers' net income. Title and risk of loss to all products you order pass to you upon our tender of the shipment to the shipping carrier. For further information on shipping, please see our Shipping Policy. Robbins Brothers reserves the right to limit the quantity of items purchased through the website. Purchase requests for shipment outside the United States will not be filled.
If you prefer not to order online, please call Robbins Brothers at 1-800-295-1543 to place an order, or visit one of our stores near you.
You may be required to register in order to obtain or share information, to purchase products or services, or to use services or features of the Site. When registering, you agree to provide accurate and complete information as prompted by the applicable registration form and maintain and properly update the information. When registering, you will designate a user name and password connection with your use of the Site. You will be responsible for maintaining the confidentiality of your user name and password, and will be solely responsible for all activities that occur under your user name and password. We will not be liable for any loss or damage arising from your failure to comply with this paragraph.
Your Submissions; User Content
You agree that any and all materials, including, but not limited to, questions, comments, suggestions, ideas, drawings, notes or other information, regarding the Site, Robbins Brothers or otherwise, and any content that you transmit or post on the Site (collectively, "User Content") (other than personal information submitted in non-public areas or as part of your order request) may be used by Robbins Brothers and licensed to others by Robbins Brothers, for any purpose, commercial or otherwise, , without acknowledgement or compensation to you. Accordingly, by submitting and/or posting such User Content to the Site, you will and hereby grant to Robbins Brothers a royalty-free, unrestricted, perpetual, irrevocable, worldwide non-exclusive and fully sub-licensable right and license to reproduce, modify, create derivative works of, adapt, edit, translate, publish, distribute, perform, broadcast, transmit, display, exploit and otherwise use such User Content alone, or as a part of other works in any form, media, or technology, whether now known or hereafter developed. By transmitting or posting User Content on the Site, you warrant and represent that (a) you are the sole owner of such content or have been granted all rights necessary to post such content by the owner, and (b) you have the right to post such content.
Robbins Brothers does not represent or guarantee the truthfulness, accuracy, or reliability of any User Content on the Site or endorse any opinions expressed by users. You acknowledge that any use of or reliance on User Content is at your own risk. Robbins Brothers takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto. Robbins Brothers has no obligation to screen, edit or monitor any User Content, but Robbins Brothers reserves the right, in its absolute discretion, to remove, screen or edit any User Content at any time and for any reason without notice.
Additional terms and conditions may apply to certain submissions of User Content. These additional terms will be posted on the page where you make the submission and will control over any conflicting provisions in these Terms.
As a user, you are solely and entirely responsible for your own User Content and are responsible for the consequences of your posting such User Content. In connection with your access to or use of this Site, you will not under any circumstances:
- Upload, post, distribute, publish or otherwise transmit materials that are copyrighted or covered by other proprietary or intellectual property rights, unless you own such rights or have the permission of the owner(s) to post it;
- Upload, post, distribute, publish or otherwise transmit material that violates any law or infringes on the privacy or publicity rights of others, or that is obscene, defamatory, threatening, harassing, abusive, hateful, embarrassing to another user or any other person or entity, or otherwise objectionable;
- Upload, post, distribute, publish or otherwise transmit any sexually-explicit or other adult materials;
- Upload, post, distribute, publish or otherwise transmit any advertisements, promotional materials, "junk mail," "spam," chain letters, pyramid schemes or any form of solicitation;
- Impersonate another person or entity, misrepresent your affiliation with any person or entity, or forge headers or other identifiers to disguise the origin of content transmitted through the Site;
- Attempt to access or use, without authorization, any secure or non-public areas of the website or any service, materials, accounts, systems or networks, through hacking, password mining or any other means;
- Upload, post, distribute, publish or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, limit the functionality of, or permit unauthorized access to, any data, software or hardware;
- Use the website in a manner that could damage, disable, overburden or impair Robbins Brothers or its service provider's server, or the networks connected to the servers, or interfere with any other party's use and enjoyment of the Site;
- Harvest, collect or store information about the users of the Site or the content posted by others on the Site or otherwise engage in any systematic extraction of data or data fields, including but not limited to e-mail addresses; or
- Frame or link to the Site.
You agree to comply with all treaties, laws, rules and regulations applicable to your use of the Site.
Robbins Brothers, in its sole discretion, may terminate your access to and/or use of this Site if it believes that you have violated or acted inconsistently with these Terms, violated the rights of Robbins Brothers or any third party, or for any reason with or without notice to you.
Your use of this Site is at your own risk. THIS SITE, THE CONTENT, INFORMATION CONTAINED THEREIN, AND SERVICES ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ROBBINS BROTHERS MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIALS, CONTENT OR SERVICES CONTAINED ON THIS SITE, OR ABOUT ITS SOFTWARE, TEXT, GRAPHICS, AND LINKS, OR RESULTS TO BE OBTAINED FROM USING THE SITE, MATERIALS, CONTENT OR SERVICES. For warranties that may be applicable to certain products available for purchase on the Site, please review our Product Warranty. Please read also Robbins Brothers Diamond Disclaimer. Robbins Brothers does not warrant that the functional aspects of this Site will be error free or that this Site or the server that makes it available will be free of viruses or other harmful components. Please note that some jurisdictions may not allow the exclusion of implied warranties. As a result, some of the above exclusions may not apply to you.
Limitation of Liability
NEITHER ROBBINS BROTHERS NOR ANY OF ITS LICENSORS, PROVIDERS OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES RESULTING FROM OR DIRECTLY OR INDIRECTLY RELATED TO YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THIS SITE, OUR CONTENT AND/OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ROBBINS BROTHERS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In any event, Robbins Brothers entire liability for all damages, losses and causes of action arising out of or relating to the Terms or your use of the Site shall not exceed the lesser of (a) One Hundred U.S. Dollars ($100.00) or (b) the total amount of purchases you made through this Site for the three (3) month period prior to the occurrence upon which your claim is based.
Please note that some jurisdictions may not allow the exclusion or limitation of liability for consequential or incidental damages. As a result, some of the above exclusions may not apply to you.
Links to Third Party Sites
Your dealings with other entities promoted on or through the Site are solely between you and such other entity. You agree that Robbins Brothers will not be 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 promotion of such other entities on the Site.
You agree to indemnify, and hold harmless Robbins Brothers and its affiliates and its and their officers, directors, employees and agents, from and against any third party claims, actions, demands, costs, liabilities and expenses including without limitation reasonable legal and accounting fees, arising from or relating to your use of this Site, your breach of these Terms, or your posting or transmission of User Content, including without limitation, any third party claim that the User Content you uploaded or posted infringes any copyright, trademark, trade name or patent right of a third party, defames or invades any right of publicity or privacy or otherwise infringes any other proprietary right.
Robbins Brothers respects the intellectual property rights of others. Accordingly, Robbins Brothers has a policy of terminating in appropriate circumstances the account of any user who repeatedly posts infringing material on this Site.
Pursuant to the Digital Millennium Copyright Act (the "Act"), Robbins Brothers has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with the Act. If you believe your copyright is being infringed by a user of this Site, please forward the following to Robbins Brothers' designated copyright agent below:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Robbins Brothers' to locate the material.
- Information reasonably sufficient to permit Robbins Brothers' to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Robbins Brothers' Corporation
ATTN: Marketing Dept. - DMCA Notice
P.O. Box 0517
Azusa, CA 91702-0517
Consent to Processing
By providing any personal information to the Site, all users (including without limitation users in the European Union) fully understand and unambiguously consent to the collection, processing, transfer, and storage of such information in the United States and any other country where Robbins Brothers or its service provider maintains offices.
Effective Date: March 15th, 2010.