Terms and Conditions
TERMS AND CONDITIONS
User agreement is implied consent with the use of this site. All following conditions and terms apply once use has been implemented. Please read the following and feel free to contact us regarding any questions you may have. We reserve the right to make changes at any time without notice. Your continued use indicates your agreement. If you do not agree with the initial terms or the amended terms, you must stop using the site immediately.
Aitkens Jewellers does its best to ensure product descriptions and information is accurate. Should it occur that a product does not match its description, said item may be returned for exchange or store credit.
In the event of a typographical error regarding pricing, Aitkens Jewellers reserves the right to to refuse or cancel any orders placed for product listed at incorrect price at any point during the transaction of said product. This includes, but is not limited to, verification of order and payment of order. If your purchase had already been paid for, we will issue a credit in the amount of the incorrect item within a reasonable time frame. You reserve the right to purchase said item for the correct price amount.
Pricing associated with product on the website is the suggested retail price. All items are subject to further costs uncured based on customer needs, ie: oversize charges, carats, engravings, special packaging ect. You will be informed of all charges at the time of checkout.
We at Aitkens Jewellers try our best to ensure prices are up to date and in accordance with the suggested retail price of a product provided to us by manufacturer, seller, or supplier. Despite our due diligence, errors may occur from time to time. If this should occur, you will be notified and above terms will be instated.
RISK OF LOSS OR DAMAGE
Risk of loss and title are passed onto the customer upon our delivery to the carrier as per the shipment contract.
DISCMAIMER OF WARRENTIES AND LIMITATION OF LIABILITY
THE AITKENS JEWELLERS WEBSITE AND ALL THE INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE AITKENS JEWELLERS WEBSITE ARE PROVIDED BY AITKENS JEWELLERS IN AN AS IS AND AS AVAILABLE BASIS, INLESS OTHERWISE SPECIFIED IN WRITING. AITKEN’S JEWELLERS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE AITKEN’S JEWELLERS WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE AITKEN’S JEWELLERS WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE AITKEN’S JEWELLERS WEBSITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AITKEN’S JEWELLERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AITKENS JEWELLERS DOES NOT WARRANT THAT THE AITKENS JEWELLERS WEBSITE,, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE AITKENS JEWELLERS WEBSITE, AITKENS JEWELLERS SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM AITKEN’S JEWELLERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AITKENS JEWELLERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY AITKNENS JEWELLERS WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY AITKENS JEWELLERS WEBSITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULLEST EXTENT ALLOWED BOY APPLICABLE LAW, YOU AGREE THAT THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO AITKENS JEWELLERS ARISING FROM ANY PRODUCT SOLD ON THE AITKEN’S JEWELLERS SITE SHALL BE THE PRICE OF THE PRODUCT ORDERED.
CHECK YOUR PROVINCIAL OR STATE LAWS FOR ADDITIONAL RIGHTS REGARDING IMPLIED WARRANTY, OR LIMITATIONS THAT MAY APPLY TO YOU.
Any dispute or claim relating in anyway to your use of any Aitken’s Jewellers website, or to any products or services sold or distributed by Aitkens Jewellers through aitkensjewellers.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. You understand and agree that you are waiving your right to sue or go to court to assert or defend your rights under this contract. The Federal Arbitration Act, and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injuctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.