MURPHY JEWELERS TERMS & CONDITIONS
OVERVIEW
This website is operated by Murphy Jewelers. Throughout the
site, the terms “we”, “us” and “our” refer to Murphy Jewelers. Murphy 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 purchasing
something from 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.
Please read these Terms of Service carefully before accessing or using our website. By accessing or
using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the
terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms
of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any
new features or tools which are added to the current store shall also be subject to the Terms of Service. You
can review the most current version of the Terms of Service at any time on this page. We reserve the right to
update, change or replace any part of these Terms of Service by posting updates and/or changes to our website.
It is your responsibility to check this page periodically for changes. Your continued use of or access to the
website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your
state or province of residence, or that you are the age of majority in your state or province of residence and
you have given us your consent to allow any of your minor dependents to use this site. You may not use our
products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in
your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or
any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate
termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any
reason at any time.
You understand that your content (not including credit card information), may be
transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and
adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted
during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion
of the Service, use of the Service, or access to the Service or any contact on the website through which the
Service is provided, without express written permission by us. The headings used in this agreement are included
for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if
information made available on this site is not accurate, complete or current. The material on this site is
provided for general information only and should not be relied upon or used as the sole basis for making
decisions without consulting primary, more accurate, more complete or more timely sources of information. Any
reliance on the material on this site is at your own risk. This site may contain certain historical information.
Historical information, necessarily, is not current and is provided for your reference only. We reserve the
right to modify the contents of this site at any time, but we have no obligation to update any information on
our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to
change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or
content thereof) without notice at any time. We shall not be liable to you or to any third-party for any
modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or Services may be available exclusively online through the website. These products or
Services may have limited quantities and are subject to return or exchange only according to our
Return Policy. We have made every effort to display
as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee
that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated,
to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise
this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services
that we offer. All descriptions of products or product pricing are subject to change at anytime without notice,
at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any
product or Service made on this site is void where prohibited. We do not warrant that the quality of any
products, Services, information, or other material purchased or obtained by you will meet your expectations, or
that any errors in the Service will be corrected. Additionally, we require all customers to obtain prior
authorization before sending any items to Murphy Jewelers for repair or service. This ensures proper handling
and tracking of your valuable items. Unsolicited packages sent without prior communication and authorization may be refused or returned at the
sender’s expense.
Murphy Jewelers is not liable for any items lost, misdelivered, or undelivered that were sent without our prior
knowledge or consent. To initiate a repair or service request, please contact us at help@murphyjewelers.com to
receive permission to send your item along with shipping instructions and a repair authorization number.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any
order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per
household or per order. These restrictions may include orders placed by or under the same customer account, the
same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a
change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone
number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our
sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete
and accurate purchase and account information for all purchases made at our store. You agree to promptly update
your account and other information, including your email address and credit card numbers and expiration dates,
so that we can complete your transactions and contact you as needed. For more details, please review our
Return Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control
nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any
warranties, representations or conditions of any kind and without any endorsement. We shall have no liability
whatsoever arising from or relating to your use of optional third-party tools. Any use by you of the optional
tools offered through the site is entirely at your own risk and discretion and you should ensure that you are
familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We
may also, in the future, offer new Services and/or features through the website (including the release of new
tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and Services available
via our Service may include materials from third-parties. Third-party links on this site may direct you to
third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the
content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party
materials or websites, or for any other materials, products, or Services of third-parties. We are not liable for
any harm or damages related to the purchase or use of goods, Services, resources, content, or any other
transactions made in connection with any third-party websites. Please review carefully the third-party's
policies and practices and make sure you understand them before you engage in any transaction. Complaints,
claims, concerns, or questions regarding third-party products should be directed to the third-party.
COOKIES
We employ the use of cookies. By accessing Murphy Jewelers website, you agreed to
use cookies in agreement with the
Murphy Jewelers Privacy Policy. You can change
your cookie settings through the cookie popup settings Manage Cookies. Most interactive websites
use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the
functionality of certain areas to make it easier for people visiting our website. Some of our
affiliate/advertising partners may also use cookies.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send
certain specific submissions (for example contest entries) or without a request from us, you send creative
ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise
(collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish,
distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be
under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3)
to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine
in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or
otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that
your comments will not violate any right of any third-party, including copyright, trademark, privacy,
personality or other personal or proprietary right. You further agree that your comments will not contain
libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that
could in any way affect the operation of the Service or any related website. You may not use a false e‑mail
address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of
any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility
and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be
viewed here.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors,
inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping
charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions,
and to change or update information or cancel orders if any information in the Service or on any related website
is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no
obligation to update, amend or clarify information in the Service or on any related website, including without
limitation, pricing information, except as required by law. No specified update or refresh date applied in the
Service or on any related website, should be taken to indicate that all information in the Service or on any
related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In
addition to other prohibitions as set forth in the Terms of Service, 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 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely,
secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will
be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of
time or cancel the Service at any time, without notice to you. You expressly agree that your use of, or
inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you
through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use,
without any representation, warranties or conditions of any kind, either express or implied, including all
implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose,
durability, title, and non-infringement. In no case shall Murphy Jewelers, our directors, officers, employees,
affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury,
loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind,
including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any
similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising
from your use of any of the Service or any products procured using the Service, or for any other claim related
in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in
any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or
product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential
or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent
permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend
and hold harmless Murphy Jewelers and our parent, subsidiaries, affiliates, partners, officers, directors,
agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless
from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of
your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any
law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event
that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision
shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable
portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the
validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the
termination of this agreement for all purposes.
These Terms of Service are effective unless and until
terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no
longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we
suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may
terminate this agreement at any time without notice and you will remain liable for all amounts due up to and
including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any
right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These
Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service
constitutes the entire agreement and understanding between you and us and governs your use of the Service,
superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written,
between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities
in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements
whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.
SECTION 19 - 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 20 - CONTACT INFORMATION
Questions about the Terms of
Service should be sent to us at support@murphyjewelers.com.
Our contact information is posted below:
Murphy Jewelers
support@murphyjewelers.com
115 West Market Street, Pottsville, PA 17901
570-622-3136