TERMS OF SERVICE

Overview

This website is operated by Phillips House. Throughout the site, the terms “we,” “us” and “our” refer to Phillips House. Phillips House offers this website, including all information, tools and services available through this site, to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms of Service (“Terms”), including any additional terms, conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including, without limitation, browsers, customers, vendors, merchants and contributors of content.

Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all of the terms and conditions contained herein, you may not access the website or use the Service.

Any new features or tools added to the current store will also be subject to these Terms. You may review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. Your continued use of or access to the website following the posting of changes constitutes acceptance of those changes to the extent permitted by applicable law.

Our store is hosted by Shopify Inc., which provides the e-commerce platform that allows us to sell our products and services to you.

Section 1 — Online Store Terms

By agreeing to these Terms, you represent that you are at least the age of majority in your state, province or jurisdiction of residence, or that you are the age of majority and have given your consent to allow any of your minor dependents to use this site.

You may not use our products or Service for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction in your use of the Service, including applicable copyright and intellectual property laws.

You must not transmit any worms, viruses or other code of a destructive nature.

A breach or violation of these Terms may result in immediate termination of your access to the Service.

Section 2 — General Conditions

We reserve the right to refuse service to anyone for any lawful reason at any time, subject to applicable law.

You understand that your content, excluding credit card information, may be transferred unencrypted and may involve transmissions over various networks and changes necessary to conform and adapt to technical requirements of connecting networks or devices. Credit card information is 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, access to the Service or any contact on the website through which the Service is provided without our express written permission.

The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

Section 3 — Accuracy, Completeness and Timeliness of Information

We make reasonable efforts to provide accurate and current information but do not warrant that all information made available on this site is accurate, complete or current.

The material on this site is provided for general information and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, complete or timely sources where appropriate.

This site may contain historical information. Historical information is necessarily not current and is provided for reference only.

We reserve the right to modify the contents of this site at any time, subject to applicable law.

Section 4 — Modifications to the Service and Prices

Prices for our products are subject to change without notice, subject to applicable law.

We reserve the right at any time to modify or discontinue the Service, or any part or content thereof, without notice.

We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service, except as otherwise required by applicable law.

Section 5 — Products and Services

Certain products or services may be available exclusively online through the website and may have limited quantities.

Products are subject to return or exchange only in accordance with these Terms and our Returns & Exchanges Policy.

We make every reasonable effort to display the colors and images of our products as accurately as possible. We cannot guarantee that the display of any color or other visual detail on your device will be accurate.

Natural gemstones may exhibit variations in color, clarity, inclusions, pattern and other characteristics. Total carat weights and product measurements may be approximate and subject to reasonable industry tolerances. Because certain Phillips House pieces involve hand-finishing and individual gemstones, minor variations between pieces may occur. Product photography, scale and screen displays may not perfectly represent actual size, color or appearance.

We reserve the right, but are not obligated, to limit sales of our products or Services to any person, geographic region or jurisdiction where permitted by law. We may exercise this right on a case-by-case basis.

We reserve the right to limit quantities of any products or services we offer.

All product descriptions, availability and pricing are subject to change at any time without notice, subject to applicable law.

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.

Section 6 — Orders, Billing, Payment and Fraud Prevention

We reserve the right to refuse, limit or cancel any order where permitted by applicable law.

We may, in our discretion, limit or cancel quantities purchased per person, household or order. These restrictions may include orders placed through the same customer account, credit card, billing address and/or shipping address.

We reserve the right to limit or prohibit orders that, in our reasonable judgment, appear to be placed by dealers, resellers, distributors or for fraudulent or unauthorized purposes.

If we change or cancel an order, we may attempt to notify you using the email address, billing address and/or telephone number provided when the order was placed.

You agree to provide current, complete and accurate purchase and account information for all purchases made through our store and to promptly update your information as necessary so that we can complete transactions and contact you regarding your order.

Submission of an order does not necessarily constitute acceptance by Phillips House. We reserve the right to accept or decline an order, subject to applicable law.

All orders are subject to payment authorization, fraud screening and verification. Phillips House may request additional information reasonably necessary to verify the purchaser’s identity, payment method or shipping information before accepting or fulfilling an order. We may place an order on hold or cancel an order when we reasonably suspect fraud, unauthorized use, payment irregularities or other suspicious activity.

If a product is listed at an incorrect price or with incorrect information due to typographical error, system error, inventory discrepancy or other mistake, we reserve the right to correct the error and, where permitted by law, cancel the affected order. If payment has already been collected for an order that we cancel, we will refund the applicable amount.

Taxes

Prices do not include sales, use, excise, import, or other transaction-based taxes unless expressly stated. Phillips House will collect and remit taxes when required by applicable law. If Phillips House does not collect a tax at the time of purchase, the purchaser remains solely responsible for determining whether any sales, use, excise, import, or similar tax is owed in the purchaser’s jurisdiction and for timely reporting and paying that tax directly to the appropriate governmental authority. The absence of a tax charge on an invoice or receipt does not represent that no tax is due or relieve the purchaser of any tax obligation imposed by applicable law.

Section 7 — Returns & Exchanges

Refunds or exchanges will only be accepted on eligible merchandise that is new and unworn and returned within fourteen (14) days from the date of purchase.

All refunds and exchanges are subject to a quality assessment performed by Phillips House. Merchandise that shows signs of wear, use, damage, alteration or modification, or that is otherwise not in its original condition, may not be eligible for return or exchange.

Receipt of returned merchandise does not constitute acceptance of the return. Phillips House will determine whether returned merchandise satisfies the requirements of this policy following inspection.

Approved refunds will be issued to the original form of payment.

For gifts accompanied by a gift receipt, store credit will be issued for the amount originally paid when the return is made within fourteen (14) days from the date of purchase. Store credit does not expire and does not carry any service, dormancy, or maintenance fee. Store credit may be redeemed only toward merchandise in the same product category as the original item (for example, store credit issued for an earring purchase may be applied only toward earrings). Unredeemed store credit remains subject to any applicable unclaimed property law.

Any item purchased during a period in which all or part of the proceeds are being donated is not eligible for a monetary refund. Eligible merchandise purchased during such a period may be accepted for an immediate exchange only.

Nothing in this policy is intended to limit consumer rights or remedies that cannot lawfully be waived or excluded.

Section 8 — Special Orders

Certain Phillips House pieces may be available by special order.

A “Special Order” includes, but is not limited to:

Any item that is not in stock and is specifically ordered or produced for the client;
A piece ordered in a gold color, metal, finish, stone, configuration or other variation that differs from the standard in-stock product;
A request to change the gold color or otherwise modify an existing Phillips House design;
An item that is sized or created in a special size;
A customized, personalized, engraved, altered or made-to-order piece;
Bridal or engagement merchandise that is specifically ordered, sized, customized or created for the client; or
Any other merchandise identified as a Special Order at or before the time of purchase.

Standard, in-stock bridal or engagement merchandise purchased without customization, special sizing, engraving, or modification is not a Special Order and remains eligible for return under Section 7.

All Special Orders are final sale and are not eligible for return, exchange or refund. Deposits on Special Orders are non-refundable.

Phillips House reserves the right to determine whether an order qualifies as a Special Order based on the specifications, modifications and availability of the piece at the time the order is placed.

Special Order Cancellations

Requests to cancel a Special Order must be submitted to Phillips House in writing within forty-eight (48) hours of Phillips House confirming the Special Order. After the 48-hour cancellation period has expired, the Special Order will be considered final and may not be cancelled, returned or exchanged, except where otherwise required by applicable law.

Section 9 — Watches

Watches sold by Phillips House are final sale and are not eligible for return or exchange.

Limited Warranty

Phillips House provides a limited warranty on watches for one (1) year, commencing on the date of the transaction as determined by Phillips House (the “Warranty Period”). During the Warranty Period, Phillips House will repair covered defects at no charge. This warranty covers repair only and does not include replacement, refund, or any other remedy.

The warranty does not cover normal wear and tear, damage resulting from improper handling, evidence of external impact, unauthorized tampering or third-party service, water exposure or water damage, battery leakage, or failure of a quartz watch movement, which can fail over time regardless of use. Whether a watch qualifies for warranty repair is determined by Phillips House in its sole discretion.

Phillips House’s certified watchmakers will inspect any watch submitted for warranty service to determine the cause of the issue, and Phillips House may void the warranty if the inspection shows the damage resulted from water intrusion, impact, or another excluded cause.

Any repair needed after the Warranty Period ends is the client’s responsibility, at the client’s cost.

Section 10 — Return Shipping

The customer is responsible for all shipping charges relating to a return or exchange. If Phillips House provides a prepaid return shipping label, the cost of the return shipping label may be deducted from the amount refunded to the customer.

Returns by Mail

All return shipments must have a valid Return Authorization Number issued by a Phillips House team member prior to shipment.

Return shipments must be insured for the full value of the merchandise and require signature confirmation.

The customer is responsible for using appropriate packaging methods to protect the jewelry during return shipment.

Return shipments must be sent in a new, unused and previously unopened shipping box and appropriately secured for transit.

Phillips House is not responsible for loss, theft or damage resulting from inadequate or inappropriate return packaging or failure to obtain appropriate insurance and signature confirmation, except to the extent otherwise required by applicable law.

Once an approved return has been processed, please allow approximately two (2) to three (3) business days for the refund to be submitted to the original payment method. Additional processing time imposed by the customer’s financial institution may apply.

Section 11 — Shipping

Phillips House ships via UPS or FedEx and does not deliver to P.O. Boxes.

Any special shipping instructions must be provided to Phillips House in writing at the time the order is placed.

All orders are shipped with signature confirmation required.

Signature confirmation may be waived only when authorized by the customer in writing. If a customer voluntarily requests that signature confirmation be waived, the customer assumes the risk of loss, theft or tampering after the carrier confirms delivery to the designated shipping location, to the maximum extent permitted by applicable law.

Phillips House does not use customer-provided shipping account numbers.

Phillips House uses new, unused packaging materials for shipments.

If a package is visibly damaged or opened upon delivery, the customer should refuse delivery and promptly contact Phillips House.

Customers should not sign for or accept a package that is visibly damaged or opened. If a visibly damaged or opened package is accepted, the customer should retain all packaging and promptly notify Phillips House and the applicable carrier so the matter can be investigated.

Phillips House is not responsible for shipping delays caused by carriers, weather, customs processing, government action or other circumstances outside our reasonable control.

Section 12 — International Orders & Returns

Customers are responsible for all applicable customs duties, import taxes, brokerage fees and other governmental or carrier charges associated with international orders and returns, except where otherwise required by applicable law. Such charges are separate from the product price and shipping charges paid to Phillips House.

Duties, taxes, brokerage fees and currency-conversion charges paid by the customer are not refundable by Phillips House.

For international returns, applicable customs duties, taxes and other charges required to return the merchandise must be fully paid by the customer before a Return Authorization is issued.

If an international shipment is refused or abandoned by the customer, any duties, taxes, brokerage fees, return shipping costs or other charges incurred by Phillips House as a result may be deducted from any refund otherwise due, to the extent permitted by applicable law.

International returns remain subject to the same eligibility, condition, authorization, packaging, insurance and shipping requirements applicable to other returns.

Nothing in this section is intended to limit mandatory consumer rights available under applicable law.

Section 13 — Return and Transaction Abuse

Phillips House reserves the right, to the extent permitted by applicable law, to refuse or restrict returns, exchanges, orders or transactions where we reasonably suspect fraud, wardrobing, unauthorized resale, false claims of non-delivery, abusive or fraudulent chargeback activity, excessive or irregular return patterns or other manipulation or abuse of our policies.

Any restriction imposed under this section will be applied in a manner consistent with applicable law and will not limit rights or remedies that cannot lawfully be waived or excluded.

Section 14 — Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have control or input.

You acknowledge and agree that we provide access to such tools “as is” and “as available,” without warranties, representations or conditions of any kind and without endorsement.

We will have no liability arising from or relating to your use of optional third-party tools, except to the extent otherwise required by applicable law.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms under which the relevant third-party provider offers such tools.

We may offer new services and/or features through the website in the future. Such features and/or services will also be subject to these Terms.

Section 15 — Third-Party Links

Certain content, products and services available through our Service may include materials or links from third parties.

Third-party links may direct you to websites that are not affiliated with Phillips House.

We are not responsible for examining or evaluating the content or accuracy of third-party websites and do not warrant and will not have liability or responsibility for third-party materials, websites, products or services, except to the extent otherwise required by applicable law.

Please carefully review the policies and practices of third parties before engaging in transactions with them.

Complaints, claims, concerns or questions regarding third-party products or services should generally be directed to the applicable third party.

Section 16 — User Comments, Feedback and Other Submissions

If, at our request, you submit specific materials, or if without a request from us you submit creative ideas, suggestions, proposals, plans or other materials, whether online, by email, postal mail or otherwise, collectively “Comments,” you agree that we may, subject to applicable law, edit, copy, publish, distribute, translate and otherwise use those Comments in any medium.

We are under no obligation to maintain Comments in confidence, pay compensation for Comments or respond to Comments unless otherwise required by law or expressly agreed by us in writing.

We may monitor, edit or remove content that we determine, in our discretion, is unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable or that violates intellectual property rights or these Terms.

You agree that your Comments will not violate any right of a third party, including copyright, trademark, privacy, personality or other personal or proprietary rights.

You further agree that your Comments will not contain unlawful, abusive or obscene material or malicious software that could affect the operation of the Service or any related website.

You may not use a false email address, impersonate another person or otherwise mislead us or third parties regarding the origin of any Comments.

Section 17 — Personal Information

Your submission of personal information through the store is governed by our Privacy Policy.

Please review our Privacy Policy for additional information regarding how personal information is collected, used and disclosed.

Section 18 — Errors, Inaccuracies and Omissions

Occasionally, information on our site or in the Service may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, product specifications or availability.

Subject to applicable law, we reserve the right to correct errors, inaccuracies or omissions and to change or update information or cancel orders if information in the Service or on a related website is inaccurate, including after an order has been submitted.

If an order is cancelled after payment has been collected, amounts paid for the cancelled merchandise will be refunded as required by applicable law.

We undertake no obligation to update, amend or clarify information in the Service except as required by law.

Section 19 — Prohibited Uses

In addition to other prohibitions set forth in these Terms, you are prohibited from using the site or its content:

For any unlawful purpose;
To solicit others to perform or participate in unlawful acts;
To violate applicable international, federal, state, provincial or local laws or regulations;
To infringe upon or violate our intellectual property rights or those of others;
To harass, abuse, insult, harm, defame, slander, disparage, intimidate or unlawfully discriminate;
To submit false or misleading information;
To upload or transmit viruses, malicious code or other material that may affect the functionality or operation of the Service;
To collect or track the personal information of others unlawfully;
To spam, phish, pharm, pretext, spider, crawl or scrape the Service in violation of applicable law or these Terms;
For any obscene or unlawful purpose; or
To interfere with or circumvent the security features of the Service or any related website.

We reserve the right to terminate or restrict your use of the Service for violating prohibited uses, subject to applicable law.

Section 20 — Intellectual Property

All content made available through the site, including jewelry designs, photographs, product images, videos, graphics, logos, trademarks, trade names, text, product descriptions, website design and other materials, is owned by or licensed to Phillips House and is protected by applicable intellectual property laws.

No content from the site may be reproduced, copied, modified, distributed, published, displayed, commercially exploited or used to create derivative works without the prior written authorization of Phillips House or the applicable rights holder, except as permitted by law.

Nothing in these Terms grants you any license or right to use any Phillips House trademark, trade name, logo, jewelry design or other intellectual property except as expressly authorized in writing.

If you post or share photographs, videos, or reviews featuring Phillips House products (for example, on social media), you grant Phillips House a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, adapt, and display that content in connection with marketing and promoting Phillips House, including on our website and social media channels. You retain ownership of your original content and represent that you have the right to grant this license. You may withdraw this license as to future use by contacting shop@phillipshouse.com, though Phillips House may continue any use already published.

Section 21 — Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent or warrant that your use of the Service will be uninterrupted, timely, secure or error-free.

We do not warrant that results obtained through use of the Service will always be accurate or reliable.

You agree that, from time to time, we may remove the Service for indefinite periods or cancel the Service without notice, subject to applicable law.

To the maximum extent permitted by applicable law, your use of the Service is at your sole risk.

Except as expressly stated by Phillips House or required by applicable law, the Service and products and services delivered through the Service are provided “as is” and “as available,” without representations, warranties or conditions of any kind, either express or implied.

To the maximum extent permitted by applicable law, Phillips House and its directors, officers, employees, affiliates, agents, contractors, suppliers, service providers and licensors will not be liable for any indirect, incidental, punitive, special or consequential damages arising from your use of the Service or products procured through the Service.

To the maximum extent permitted by applicable law, Phillips House’s aggregate liability arising out of or relating to a particular product or transaction will not exceed the amount actually paid to Phillips House for the product or transaction giving rise to the claim.

Because some jurisdictions do not permit certain exclusions or limitations of liability, our liability in those jurisdictions will be limited only to the maximum extent permitted by applicable law.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.

Section 22 — Indemnification

To the maximum extent permitted by applicable law, you agree to indemnify, defend and hold harmless Phillips House and our parent companies, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers and employees from claims or demands, including reasonable attorneys’ fees, arising out of your material breach of these Terms or documents incorporated by reference, or your violation of applicable law or the rights of a third party.

Section 23 — Severability

If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision will nevertheless be enforced to the fullest extent permitted by applicable law.

The unenforceable portion will be deemed severed from these Terms, and such determination will not affect the validity and enforceability of the remaining provisions.

Section 24 — Termination

The obligations and liabilities of the parties incurred before termination will survive termination of these Terms where appropriate.

These Terms remain effective unless and until terminated by either you or us.

You may terminate these Terms by notifying us that you no longer wish to use the Service or by ceasing to use the site.

If, in our reasonable judgment, you fail, or we reasonably suspect that you have failed, to comply with these Terms, we may terminate or restrict your access to the Service, subject to applicable law.

You will remain liable for amounts properly due up to and including the date of termination.

Section 25 — Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of that right or provision.

These Terms, together with any policies or operating rules posted by Phillips House on this site or in respect of the Service, constitute the entire agreement and understanding between you and us regarding your use of the Service and supersede prior or contemporaneous agreements, communications and proposals relating to the Service, whether oral or written.

If there is a conflict between these Terms and a separate policy specifically governing a transaction, the more specific applicable policy will control to the extent of the conflict, subject to applicable law.

Section 26 — Governing Law and Disputes

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 the State of Florida, without regard to its conflict-of-law principles, except where otherwise required by applicable law.

Arbitration; Class Action Waiver

Except for disputes that qualify for small claims court, you and Phillips House agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or any purchase will be resolved exclusively by binding, individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court.

YOU AND PHILLIPS HOUSE EACH AGREE THAT ANY ARBITRATION OR COURT PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION, AND EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL.

The arbitrator, and not any court, has exclusive authority to resolve any dispute about the interpretation, applicability, or enforceability of this arbitration provision.

You may opt out of this arbitration and class-action-waiver provision by sending written notice to shop@phillipshouse.com within thirty (30) days of your first purchase from Phillips House. If you opt out, this arbitration provision will not apply to you.

To the extent a dispute is not subject to arbitration under this section — for example, because you timely opt out or the claim qualifies for small claims court — you and Phillips House consent to the personal jurisdiction of the state and federal courts located in Florida.

Section 27 — Changes to Terms of Service

You may review the most current version of these Terms at any time on this page.

We reserve the right, at our discretion and subject to applicable law, to update, change or replace any portion of these Terms by posting updates and changes to our website.

It is your responsibility to review this page periodically for changes.

Your continued use of or access to the website or Service following the posting of changes constitutes acceptance of those changes to the extent permitted by applicable law.