TERMS OF SALE

Please read these Terms of Sale carefully prior to making an online purchase from Forbes Gems Chicago (“Forbes Gems Chicago,” “we,” “us” or “our”) through our website. By purchasing items through the Site, you agree to be bound by these Terms of Sale and our TERMS & CONDITIONS, which are incorporated by reference. If you do not agree to all of the terms and conditions set forth in these Terms of Sale, do not purchase any items through the Site. We reserve the right to change or modify these Terms of Sale at any time and in our sole discretion. If we make changes to these Terms of Sale, we will post the amended Terms of Sale to the Site and update the “Last Updated” date above. We encourage you to review these Terms of Sale prior to making any purchase through the Site to ensure that you understand the terms and conditions that apply to your purchase.

AVAILABILITY AND PRICING

All items offered for sale through the Site are subject to availability, and we reserve the right to impose quantity limits on any order, reject all or any part of an order, and discontinue offering items without prior notice, even if you have already placed an order for an item. All prices are shown in U.S. dollars and applicable Taxes (as defined below) and other charges, if any, are additional. All prices are subject to change without notice.

In the event that an item you are interested in purchasing is not listed on the Site or is listed as "Contact Us" on the Site, it may not be available for ordering from our online inventory, but may be available elsewhere in our retail store. Please contact our customer care team at INFO@FORBESGEMSCHICAGO.COM. If the item is not available in our retail store, it is not currently available for ordering. Please check back at a later time as our inventory is subject to change.

TAXES

You are responsible for any sales, use, duty, or other governmental taxes or fees (“Taxes”) due with respect to your purchase of items through the Site. We will collect applicable Taxes if we determine we have a duty to collect such Taxes. We will present an estimate of Taxes to be collected at checkout, except where we have clearly stated in writing that a price includes Taxes. The actual taxes charged may be adjusted from the amount shown at checkout. Several factors may cause this adjustment, such as variances between processor programs and changes in rates of Taxes.

PAYMENTS

By providing a credit card or other payment method accepted by us, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your order (including any applicable Taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your order. In the event you would like to change or update payment information associated with your account on the Site, you can do so at any time by logging into your account and editing your payment information. If any of the items in your order are unavailable, we will charge only the prices, Taxes and other applicable charges associated with the items that are included in the shipment.

SHIPPING AND HANDLING

You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time; however, we will provide notice of the changes applicable to you before you make your purchase. Any delivery dates or times shown as part of the checkout process are estimates only and are not guaranteed. Unless we state otherwise, risk of loss or damage to an item passes to you upon delivery of the item to your specified delivery location. If you have any questions regarding shipping, please contact us by email. For more information about shipping and handling fees, including international shipping, please see our SHIPPING INFORMATION.

RETURNS, EXCHANGES AND REFUNDS

We want you to be completely satisfied with the items you order from us, so please be sure to review all of the details of the item(s) you wish to purchase prior to ordering. You may return an item (accompanied with your sales receipt) within 7 days of the date on which the item was delivered to you.

Only items which have a manufacturer’s defect are eligible for return in the form of a merchandise credit in the amount you paid for the item. The merchandise credit may be applied to your purchase of another item that is equal to or greater than the original item purchased. Manufacturer’s defects are determined by Forbes Gems Chicago.

You must enclose the original packing slip with the item you are returning. All items returned to us must be unaltered, unworn and in saleable condition. In addition, all returned items must include the original packaging in good condition and all associated tags. Please note that used items are not eligible for return.

Custom orders special orders and any item that is engraved are non-refundable /non-returnable. Any and all CZ & Lab Created merchandise is made to order, and non-refundable/non-returnable. All gold and platinum products are made to order and are non-refundable/non-returnable. The customer is responsible for return shipping and insurance charges. Items are not considered returned until they have been received by Forbes Gems Chicago.

PRICE ADJUSTMENTS

If the price of an item you purchase through the Site is reduced due to such item becoming a permanent sale item within 10 days of the date on which you purchased the item, you may contact us to receive a one-time (single order) refund or price adjustment for the item purchased. Such refund or price adjustment applies only to items that become permanent sale items and excludes temporary special promotion items. For questions regarding price adjustments or to submit a request for a price adjustment, please contact us at Info@forbesgemschicago.com.

ERRORS

We attempt to be as accurate as possible and to eliminate errors on the Site; however, we do not represent or warrant that the descriptions, pricing or other information on the Site is accurate, complete, reliable, current or error-free. In the event of an error, we reserve the right to correct such error and revise your order accordingly (which includes charging the correct price) or to cancel your order and refund any amount charged. Please note that:

If the correct price of an item you purchase through the Site is lower than our stated price, we will charge you the lower amount when your order is shipped.
If the correct price of an item you purchase through the Site is higher than our stated price, we will, at our discretion, contact you for instructions before shipping. If we are unable to contact you after 15 days, we will cancel your order and notify you of such cancellation.

DISCLAIMERS; LIMITATION OF LIABILITY

Your use of items purchased through the Site is at your sole risk. Such items are provided “as is” and “as available’ without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

You understand and agree that, to the fullest extent permitted by applicable law, Forbes Gems Chicago and its officers, directors, agents, partners and employees (individually and collectively, the “Forbes Gems Chicago Parties”) will not be liable to you under any theory of liability—whether based in contract, tort, negligence or otherwise—for any indirect, consequential, incidental, or special damages or lost profits that may be incurred by you, arising out of or in any way connected to these Terms of Sale or the use of, or inability to use, any items purchased through the Site, including, without limitation, any damages caused by or resulting from reliance by you on any information or items obtained from us, whether or not Forbes Gems Chicago or another Forbes Gems Chicago Party has been advised or should have been aware of the possibility of any such losses. You understand and agree that, to the fullest extent permitted by applicable law, the Forbes Gems Chicago Parties’ total liability in connection with the items purchased through the Site and these Terms of Sale will not exceed the amount you actually paid to Forbes Gems Chicago for such items purchased.

The limitations set forth in this section will not limit or exclude liability for personal injury or property damage directly and proximately caused by items you purchased from us through the Site or for the gross negligence, fraud or intentional misconduct of any Forbes Gems Chicago Parties, or for any other matters in which liability cannot be excluded or limited under applicable law.

DISPUTE RESOLUTION; BINDING ARBITRATION

INSTEAD OF SUING IN COURT, YOU AGREE THAT ANY DISPUTE RELATING TO THESE TERMS OF SALE, YOUR PURCHASE OF AN ITEM THROUGH THE SITE OR ITEMS PURCHASED FROM US WILL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN CHICAGO, ILLINOIS.

ANY ARBITRATION UNDER THESE TERMS OF SALE WILL BE CONDUCTED UNDER THE PREVAILING RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THESE RULES ARE DIFFERENT FROM THOSE FOUND IN A COURT BECAUSE, AMONG OTHER REASONS, THERE IS NO JUDGE OR JURY, AND REVIEW IS LIMITED. AN ARBITRATOR CAN AWARD THE SAME DAMAGES AND RELIEF, HOWEVER, AND MUST HONOR THE SAME LIMITATIONS STATED IN THESE TERMS OF SALE AS A COURT WOULD.

THE ARBITRATOR'S AWARD SHALL BE BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

ALL ARBITRATIONS SHALL PROCEED ON AN INDIVIDUAL BASIS. THE ARBITRATOR IS EMPOWERED TO RESOLVE THE DISPUTE WITH THE SAME REMEDIES AVAILABLE IN COURT, HOWEVER, ANY RELIEF MUST BE INDIVIDUALIZED TO YOU AND WILL NOT AFFECT ANY OTHER CUSTOMER.

YOU AND FORBES GEMS CHICAGO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER IN ARBITRATION ONLY IN YOUR OR THEIR RESPECTIVE INDIVIDUAL CAPACITIES AND IN SO DOING YOU WAIVE THE RIGHT TO A TRIAL BY JURY, TO ASSERT OR PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS ACTION ARBITRATION (EITHER AS A NAMED-PLAINTIFF OR CLASS MEMBER), AND TO ASSERT OR PARTICIPATE IN ANY JOINT OR CONSOLIDATED LAWSUIT OR JOINT OR CONSOLIDATED ARBITRATION OF ANY KIND.

GOVERNING LAW

These Terms of Sale and your purchase of items through the Site will be governed by and construed in accordance with the laws of the State of Illinois, without regard to conflict of law principles. You hereby irrevocably consent to the jurisdiction and venue of the federal and state courts located in Chicago, Illinois with respect to any dispute related to these Terms of Sale or your purchase of an item through the Site that is not subject to arbitration under these Terms of Sale.

SEVERABILITY

If any provision or part of a provision of these Terms of Sale is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms of Sale and does not affect the validity and enforceability of any remaining provisions.

QUESTIONS

If you have any questions regarding these Terms of Sale, please contact us by email.

User Generated Content Terms and Conditions

Effective Date: April 1, 2022

Forbes Gems Chicago LLC and/or its affiliates (collectively, “Forbes Gems Chicago ”) owns, operates and/or sponsors Forbes Gems Chicago.com, various websites and microsites, social media (Facebook, Instagram, Snapchat, Twitter, YouTube, LinkedIn, TikTok, and others), and other internet properties that permit users (“you” or “User”) to submit, upload, or publish various types of content (collectively, “Forbes Gems Chicago Web Properties”).

Forbes Gems Chicago engages a limited number of service providers to facilitate the collection and transmission of User Content (as defined below) to and from Forbes Gems Chicago Web Properties for use by Forbes Gems Chicago in connection with its business, including Forbes Gems Chicago’s product feature, marketing, promotional activities, advertising and other consumer-related activities or services.

Forbes Gems Chicago and the FGC Services may reach out to Users to seek their permission to feature their User Content on our various sites, social media channels, and/ or promotional materials. By responding with the hashtag #FGCApproved, you grant Forbes Gems Chicago permission to use your User Content and you represent and warrant that you have read, understood and agreed to these User Generated Content Terms and Conditions (“UGC Terms”) and Forbes Gems Chicago’s Online Privacy Notice (“Forbes Gems Chicago Privacy Policy”).

Forbes Gems Chicago reserves the right to alter these UGC Terms without advance notice by posting revised UGC Terms. Accordingly, you should review the UGC Terms each time you grant permission or authorization to feature your User Content.

GUIDELINES

When you transmit, upload, post, e-mail or otherwise make available data, text, software, music, audio, photographs, graphics, images, videos, messages, or other materials, including without limitation your name, location information, social media handle, and profile photos ("User Content") on or to any Forbes Gems Chicago Web Property, you are entirely responsible for such User Content. This means that you, and not Forbes Gems Chicago, are entirely responsible for all User Content that you post to any Forbes Gems Chicago Web Property. By using the Forbes Gems Chicago Web Properties, you acknowledge that the views and opinions that may be expressed do not necessarily represent the opinions of Forbes Gems Chicago. You agree not to engage in, or assist or encourage others to engage in, transmitting, uploading, posting, e-mailing or otherwise making available on any Forbes Gems Chicago Web Property any User Content that: is, or which encourages activity or conduct that is, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful or otherwise objectionable; is known by you to be false, inaccurate or misleading; you were compensated for in any way by any third party; contains restricted or hidden content; or infringes any patent, trademark copyright, trade secret, right of publicity, or other proprietary rights of any party.

Forbes Gems Chicago reserves the right to remove, modify and/or block any offensive or inappropriate content that may violate the rights of others, or violate any of the Forbes Gems Chicago Web Properties’ terms of use. You acknowledge that Forbes Gems Chicago has the right, though not the obligation, in its sole discretion to refuse to post or to remove any User Content.

You understand that by using the Forbes Gems Chicago Web Properties, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will Forbes Gems Chicago be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by any person in connection with any User Content.

Without limiting the generality of the foregoing or any other provision of these UGC Terms, Forbes Gems Chicago reserves the right to terminate access to submit User Content to Forbes Gems Chicago Web Properties without prior notice for any user who violates these UGC Terms and infringes the rights of others. Please note that any such termination will not affect your ability to make purchases, returns, or otherwise interact with the services Forbes Gems Chicago provides.

PRIVACY POLICY:

All users of Forbes Gems Chicago Web Properties agree that their access to, and use of, any Forbes Gems Chicago Web Property is subject to these UGC Terms, the Forbes Gems Chicago’s Privacy Policy, and all applicable laws, and that any such access or use is undertaken at the user's own risk.

The User Content that you submit will be treated as non-confidential and non-proprietary, and Forbes Gems Chicago has no obligation to maintain the confidentiality of any information, in whatever form, contained in any submission, except pursuant to Forbes Gems Chicago’s Privacy Policy. By using Forbes Gems Chicago Web Properties or the FGC Services, you consent to the collection of any personal information you provide for use and disclosure in connection with Forbes Gems Chicago’s use of your User Content as described in these UGC Terms.

USER CONTENT LICENSE

In consideration of the opportunity for your User Content to be featured on Forbes Gems Chicago Web Properties and for other good and valuable consideration, the receipt and sufficiency of which hereby is acknowledged, you agree that by uploading, posting, emailing or otherwise submitting User Content to any of the Forbes Gems Chicago Web Properties and responding with #FGCApproved, you grant to Forbes Gems Chicago and its partners, contractors, subcontractors, consultants, agents, representatives, successors and assigns (collectively, the “Licensed Parties”), an irrevocable, perpetual, non-exclusive, royalty-free, worldwide license to use, telecast, copy, perform, display, transmit, reproduce, edit, distribute, copy, edit, change, modify, add to, subtract from and otherwise exploit the User Content, or any portion thereof, in any manner (including without limitation for promotional and advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing without any compensation to you or to any third party. You waive any rights you have in having the material altered or changed in a manner not agreeable to you.

You grant the Licensed Parties the right to use your username, real name, image, likeness, descriptions of you, location or other identifying information, including but not limited to your voice, solely in connection with the use of your User Content. You further agree that the Licensed Parties have no obligation to use your User Content, name or other identifying information. You hereby release, discharge and agree to hold the Licensed Parties harmless from any liability related to the Licensed Parties’ use of your User Content.

You acknowledge that your User Content will not be returned and that the Licensed Parties reserve the right to cease use of any User Content at their sole discretion. You grant Forbes Gems Chicago the right to use your User Content, and any ideas, concepts or know-how contained therein, without attribution or payment of any form of consideration, for any purpose including, without limitation, marketing, promotional activities, advertising, or for publicity, trade or commercial purposes.

REPRESENTATIONS AND WARRANTIES

By responding with #FGCApproved and granting permission to use your User Content, you hereby represent and warrant that:

You are at least eighteen (18) years of age and/or of legal age in the jurisdiction in which you reside;
You own or otherwise control the rights to the User Content and it is your original creation, has not been copied, recreated, reproduced, previously published, derived from, or otherwise taken in whole or in part from any other work;
You have all necessary rights and authority to grant the rights herein, and that Forbes Gems Chicago’s use of your User Content in accordance with this release will not violate the intellectual property, privacy or publicity rights, or any other legal or moral rights of any third party;
You have obtained written permission from any individual(s) appearing in your User Content to grant the rights described in these UGC Terms and you shall promptly provide such documentation to Forbes Gems Chicago upon request;
The User Content complies with these UGC Terms and does not violate any applicable laws or regulations;
You agree to indemnify the Licensed Parties for all claims arising from or in connection with your User Content;
You further agree to indemnify and hold Forbes Gems Chicago and its officers, directors, and employees (collectively, the "Releasees") harmless from any and all claims by any third party against any of the Releasees (and related damages, expenses, costs (including reasonable attorney’s fees), liabilities, verdicts, judgments and settlements) arising out of use of your User Content or any breach of these representations or warranties; and
Upon responding with #FGCApproved, you hereby release the Releasees from, and irrevocably waive, any and all claims that the Licensed Party’s use of your User Content in accordance with these UGC Terms infringes or violates any of your rights in any way whatsoever.

INTELLECTUAL PROPERTY

Forbes Gems Chicago respects the copyrights of others and we require all users to do the same. If you believe in good faith that your copyrighted work has been reproduced on our site without authorization in a way that constitutes copyright infringement, you may notify our legal department. Contact information for other matters is provided elsewhere on the Forbes Gems Chicago Site and can be found on www.forbesgemschicago.com. Any personal information you provide in your e-mail will be used only for purposes related to your e-mail.

MISCELLANEOUS

Instagram™, Twitter™, Facebook™, YouTube™ and other similar social media forums are registered trademarks of their respective companies and not affiliated with Forbes Gems Chicago LLC or forbesgemschicago.com. Any submission via these or other similar social media sites are subject to all rules and regulations of such sites. If you choose to submit User Content via mobile phone, standard data rates may apply. Publicly accessible User Content is governed by the terms and conditions of the respective social media platform where said User Content has been posted.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER FORBES GEMS CHICAGO NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE FORBES GEMS CHICAGO WEB PROPERTIES IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS ARISING OUT OF YOUR ACCESS TO, OR USE OF, ANY FORBES GEMS CHICAGO WEB PROPERTY, EVEN IF FORBES GEMS CHICAGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE FORBES GEMS CHICAGO WEB PROPERTIES IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.

You agree not to post any content or mechanism that attempts to gain access to restricted areas of any of Forbes Gems Chicago Web Properties, collect or solicit passwords or personal information from other users, or engage in commercial activities via any of the Forbes Gems Chicago Web Properties.

In addition, you agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of spam. You further agree not to: impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; intentionally or unintentionally violate any applicable local, state, national or international law; or collect or store personally identifiable data about other users.

While Forbes Gems Chicago strives to make the Forbes Gems Chicago Web Properties safe and positive places, there remain public forums, and other users may attempt to obtain personal information about you in order to harass or injure you. By using the Forbes Gems Chicago Web Properties, you acknowledge and agree that Forbes Gems Chicago is not responsible for others' misuse of information publicly disclosed on any Forbes Gems Chicago Web Property. Please carefully select the type of information that you post or share, and report any abuses to us by contacting at info@forbesgemschicago.com.