Terms and Conditions

General

The use of this site is governed by the policies, terms and conditions as set forth below. Please read over them carefully before using this site or opening My Xomeka Account or placing an order or purchasing jewelry. Your use of this site indicates your acceptance of these terms and conditions. Your opening of a My Xomeka Account with us indicates your acceptance of these terms and conditions. Your placement of an order, either in person or through this site, indicates your acceptance of these terms and conditions. Your purchase of jewelry from us, either in person or through this site, indicates your acceptance of these terms and conditions. These terms and conditions shall supersede any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by us.

Right of Modifications of Policies

We reserve the right to add or modify or delete our policies and/or operating procedures, partially or totally, at any time, at our sole discretion, without notice.

Product Availability and Pricing

Infrequently, data may be inaccurately displayed on our site due to system errors. While we make every attempt to avoid these errors, they may occur. We reserve the right to correct any and all errors when they do occur. We do not honor inaccurate or erroneous prices. We reserve the right to not honor any order with inaccurate or erroneous prices even if we have been advised of such orders with inaccurate or erroneous prices. Such order will be cancelled whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall immediately issue a credit to your credit card account in the amount of the incorrect price charged to your credit card. All our prices are also subject to change without notice. We apologize for any inconvenience that this may cause. If you have any questions, please do not hesitate to contact us at service@xomeka.com or 888-966-3524.

XomeKart – My Xomeka Shopping Cart

If you are interested in a piece of jewelry and added it to XomeKart, our shopping cart provided on this website, and someone else has placed order for the same piece of jewelry and purchased it ahead of you by checking out, the item quantity in your XomeKart will be adjusted to reflect the reduced quantity and/or the item will be removed from your XomeKart if no back order is availabl, either immediately or when you check out. If this happens, we request you to find another piece of jewelry that matches your taste using Advanced Search.

Our sales team engages in marketing in exhibitions and trade shows and in private/public presentations of the Xomeka jewelry pieces of which some are available through the web also. If any jewelry piece for which you placed order successfully is sold already and no back order is available for the item, we will notify you personally and help you find another item.

When a piece of jewelry is sold and there is no back order available, that item is removed from our website immediately. So, it is normal you to place an order for an item and check out and then you visit our website to see the item missing from our website.

If we are unable to fulfill any order for an item to a customer due to various reasons, the item will be returned to inventory and it may appear again in the website.

Sometimes with the volume of orders we receive, an item can go out of stock before we are able to post notification to the site or pull it out of the site. If this happens, we will notify you personally so we can help you find another item.

Xomeka Online Gift Card Policy

Xomeka online gift cards are not redeemable for cash, cannot be returned for a cash refund, and are not transferable. Any unused portion will remain available for future purchases under the same gift card number till the expiry date. Xomeka online gift card can not be used to fund the purchase of another Xomeka online gift card. Xomeka online gift card, once purchased, can not be returned and must be used to purchase jewelry and other items for sale at www.xomeka.com.

Multiple Xomeka online gift cards that belong to one customer can be used to place an order by that customer. If order amount exceeds total amount of Xomeka online gift cards redeemed, a credit card will be required.

Xomeka is not responsible for lost or stolen Xomeka online gift cards. At any time, you can view your gift card balance by logging into your account.

Xomeka online gift cards are redeemable only at www.xomeka.com. Gift card cash value is, 1/10 of one cent. Gift cards and unused portions expire on the date listed on your gift card (does not apply to California or where prohibited by law). No physical card will be issued or mailed.

Payment Methods

All prices and transactions are in United States Dollars only. For your convenience, we accept the following modes of payment:

• Credit cards: Mastercard, Visa and Discover Network card.
• Cash: Cash is accepted only in person on trade shows, exhibitions, private/public viewing arrangements. You will automatically receive 1.5% discount when you pay through cash. Cash is NOT accepted for our website sales.
• Xomeka online gift cards: Xomeka online gift cards are accepted for our website sales. For complete details, refer Xomeka Online Gift Card Policy.

Foreign Country Policy

This Foreign Country Policy binds all orders that have the destination address of any country other than the United States of America.

You understand and agree that ALL prices are in United States Dollars (USD) and not in your local currency. You understand and agree that your credit card will be charged in United States Dollars (USD) and not in your local currency.

You are fully responsible and you agree to pay any customs duty, taxes and other charges levied by your country’s Government if you reside outside the United States of America, on time, to receive the shipment. You agree to fully co-operate with your country’s authorities, including but not limited to customs, and the shipping company to receive your order from Xomeka.

If a shipment is held by authorities of your country’s Government for whatever reason, you agree to not hold Xomeka responsible or liable.

If your order is shipped outside the United States of America, you agree that the responsibility of Xomeka ends when we ship your order from our facility in the United States of America and you agree to not charge back your credit card.

Sales Tax

No sales tax is collected on any online order.

All jewelry pieces that are purchased through our website qualify for FREE SHIPPING, with optional Shipping Upgrades, depending on your order amount and destination address as shown in this shipping table:

The additional Shipping Upgrade charges are subject to change without notice and are non-refundable. We reserve the right to change shipping companies without notification at any time at our discretion even if you have placed an order with us that is not yet shipped. If you have purchased shipping upgrade, an equivalent service from another shipping company may be used.

All jewelry pieces that are shipped carry full insurance all the way to you. This means that when your order is in transit to you, the shipment is always risk-free. For added security, it is our policy that a signature is required for all Xomeka orders, regardless of any signature waivers you may have with FedEx.

We ship to your address that is on file with the credit card company.

If you prefer, we can ship your order to an address other than your credit card billing address but as a security precaution, we require that your alternate shipping address also be on file, at least in NOTES section, with your credit card company along with your billing address. This step helps protect you from fraudulent charges to your credit card. We will not ship to any address that your credit card company does not have, even if you have provided the address to us through our website. If we can not verify your shipping address with your credit card company, we will immediately cancel your order with or without notification.

We are not responsible for delays in shipment that are beyond our control including but not limited to bad weather and shipping company delays.

Xomeka can only ship orders to locations within the United States of America and Canada and APO/FPO addresses in these countries.

To help ensure you make the right choice, we offer a very friendly Return and Exchange policy. If for any reason you are not satisfied with your purchase, you can return or exchange any jewelry item without wearing or damaging or altering or resizing or custom engraving, in its original condition, within 30 days of the date of shipment from our facility for a refund or an exchange, counting our shipment date as the first day.

The additional Shipping Upgrade charges you may have paid will not be refunded. Only items returned in original condition are eligible for refund or exchange.

The returned items must be delivered to us within 30 days of the date of shipment from our facility for a refund or an exchange, counting our shipment date as the first day.

If a shipment is returned to us by the shipping company for any reason that is beyond our control, including but not limited to, undeliverable address, locked or closed business, locked or closed residence, your refusal to accept or your absence to sign, we will treat it as a return and the price you paid for the item, less any Shipping Upgrade charges, will be credited to the same credit card with which you made the purchase.

To return a jewelry item to Xomeka, please follow our 4 step process:

Step 1: Get your Return Authorization Code. Call Xomeka at 888-966-3524 with your order number and you will be given a Xomeka Return Authorization Code. Write this code on a sticker and affix it to the outside of the box you are returning. For security reason, do not write Xomeka anywhere on the sticker.

Step 2: Package Your Return. Include all original packaging and collateral material. If your item was delivered with a diamond certificate or any other certificate and that certificate is not returned, you may be liable for the $250 replacement cost. Ensure that your outer package is strong enough to endure the journey without any dents or tears till it arrives at our doorstep. For security reasons, do not write Xomeka anywhere on the outside of the box.

Step 3: Insure Your Package equal to the total price of merchandise returned. On your invoice, if the price of the item you are returning is listed as:

• Upto $500: You can ship it via any carrier. Be sure to ship your item fully insured, and request a return receipt for confirmation that your shipment has reached its destination. Xomeka will not be responsible for loss or damage of return shipments.
• More than $500: Ship your package via US Postal Service Registered Mail^™, insured for the total value of the contents, and request a return receipt for confirmation that your shipment has reached Xomeka. Xomeka will not be responsible for loss or damage of return shipments.

Reason for $500 limit: Courier services other than United States Postal Service, like FedEx®, will not insure merchandise over $500.

Step 4: Get approval or disapproval from us automatically. Once we receive your returned item and it is accepted, your refund or exchange will be processed in just a few days. Upon receiving your return, the item will be reviewed by our Quality Assurance department. Please note that items showing signs of wear or those that have been engraved, altered, resized or damaged in any way cannot be accepted for return or exchange. If items are not inside packaging per our policy, no refund or exchange will be given. If items are missing from inside packaging, no refund or exchange will be given and an insurance fraud investigation may be initiated.

Returns with no Xomeka Return Authorization Code, and packages that are improperly packaged or uninsured will be refused receipt. Even if we receive such packages, we will not open such packages and we will not provide refund or exchange and we notify you and send your packaging back with or without our packaging around it.

You must follow all of these instructions exactly. Failure to do so will prevent the processing of your return and result in denial of refund and/or exchange.

Xomeka online gift cards, once purchased, can not be returned and are non-refundable. The jewelry items purchased with Xomeka online gift cards can be returned or exchanged.

Approved refund amount will be credited back to the same cards, that were used while placing the original online order, as follows:

• If only a credit card was used and no Xomeka online gift cards were used while placing the order, the approved refund amount will be credited back to the credit card.
• If only Xomeka online gift cards were used and no credit card was used while placing the order, Xomeka online gift cards used in the original order will be credited back, in the same sequential order as they appear in the original order, to a maximum of the transaction amount charged against each one of them, till the approved refund amount is refunded.
• If Xomeka online gift cards and a credit card were used while placing the order, Xomeka online gift cards used in the original order will be credited back, in the same sequential order as they appear in the original order, to a maximum of the transaction amount charged against each one of them, till the approved refund amount is refunded, and if there is any approved refund amount still left, the credit card will be credited.

Approved refund amount for customers that paid cash will be refunded, with either cash or cashier's check, at our discretion.

Order Fulfillment

Xomeka reserves the right to fulfill or not fulfill or cancel any order with or without assigning any reason.

Xomeka reserves the right to personally notify or not notify when an order is cancelled or not fulfilled.

If your order is cancelled or not fulfilled, your credit card will not be charged.

Right of Refusal

Xomeka Inc., in its sole discretion, reserves the right to refuse to provide you with any and all Xomeka products or services including but not limited to fulfilling an order, accepting a credit card or money. You agree that Xomeka Inc will not be liable to you for loss or damages that may result from the refusal to provide you with Xomeka products and/or Xomeka services.

Sale and Price Reductions

At Xomeka, we always offer the best value by providing the lowest possible price. All our prices are final.

Privacy Policy

You have read and agree to be bound by the Privacy Policy of Xomeka.

Information provided on our website

At Xomeka, we make every attempt to ensure that our online catalog is as accurate and complete as possible. In order to give you the opportunity to view our products in great detail, some products may appear larger or smaller than their actual size in our photographs; and since every computer monitor is set differently, color and size may vary slightly.

Our objective is to provide you with as much information and detail about your prospective purchase as possible so that you can see the beauty and shape of a particular item. For each item containing multiple precious and semi-precious stones, we list all stone names and their carat as provided by our designers, some of which are approximate. In compliance with industry standards and FTC regulations, Xomeka states that carat total weight in all purchases may vary 0.05 carats from stated weight.

On the Xomeka Web site, we display the dimensions of our products based on the information received from our designers and some of these dimensions are approximate. For any convex or rounded jewelry item, the width and length stated in the product description is taken by the designer, prior to the rounding of the metal in the creation process, which may lead to a discrepancy in any measurements taken after this process.

Legal Notices

Under no circumstances shall Xomeka or its shareholders or its officers or its employees or contractors or sub-contractors be liable for any indirect, special, incidental or consequential damages of any kind, regardless of the form of action, whether in contract, tort (including negligence), strict product liability or otherwise, even if we have been advised of the possibility of such damages. If you have any questions, please do not hesitate to contact us at service@xomeka.com or 888-966-3524.

Disclaimer and Limitation of Liability

This web site and the products therein are provided on an "as is" basis. XOMEKA makes no representations or warranties, either express or implied, of any kind with respect to this site, its operation, contents, information and/or materials. XOMEKA hereby expressly disclaim all representations, conditions, and/or warranties, either express or implied, of any kind, with respect to this site and/or its use, including but not limited to any implied warranties or conditions of merchantability and/or fitness for a particular purpose. You agree that XOMEKA shall not be liable for any and/or all damages arising from the operation, content and/or use of this site. You further agree that this limitation of liability is comprehensive and applies to all damages of any kind, including but not limited to direct, indirect, special, punitive, compensatory, incidental and/or consequential damages for lost profits, lost sales, loss of income, loss of time, inconvenience, loss of use or inability to use, loss of bargain, injury to person and/or property, labor, disappearance, non-delivery or delay of any shipment, and/or any other direct, indirect, special, punitive, compensatory, incidental, and/or consequential damages, conditions and/or losses of any kind, no matter whether based upon warranty, contract, negligence, misuse and/or any other causes. You agree that the maximum cumulative liability of XOMEKA, for any claim or liability arising from the use of this site and/or from the purchase, application, handling, installation, and/or use of its products offered and sold shall not exceed the price paid of the product ordered.

Copyright Notice

This site is owned and operated by XOMEKA INC. Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images/layout, as well as the selection, assembly and arrangement thereof, are the sole property of XOMEKA INC, Copyright © 2006, all rights reserved. You may use the content of this site only for the purpose of your personal shopping on this site or placing an order on this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without our prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.