Terms & Conditions

USE OF THIS SITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS Welcome to kellyherdjewelry.com website (the “Site”). Please carefully read the following terms carefully because, by using this Site, you agree to these Terms and Conditions of Use. If you do not agree to these Terms and Conditions of Use, please do not use this Site. www.kellyherdjewelry.com reserves the right, at any time, to modify, alter or update these Terms and Conditions of Use, and you agree to be bound by such modifications, alterations or updates.

SITE CONTENT All materials, including illustrations, photographs, product, images, artwork, designs, text, graphics, logos, button icons, images, audio clips and software (collectively, “Content”) appearing on this Site are owned or controlled by www.kellyherdjewelry.com, Kelly Herd, and/or its subsidiaries, affiliates and content suppliers (collectively, “Kelly Herd”) and are protected by worldwide trademark, trade dress and copyright laws. The Content of this Site, and the Site as a whole, are intended solely for personal, noncommercial (other than for the purchase of merchandise from this Site) use by the users of this Site. You may not download Content from this Site, or otherwise modify, obscure or delete any copyright or other propriety notices on this Site. No right, title or interest in any materials or software, if applicable, on this Site is transferred to you from your use of this Site. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Content, this Site, or any related software.

PRODUCT INFORMATION Kelly Herd cannot guarantee that the products and selection appearing on this Site will be available, either through this Site or at retail locations. All product descriptions, specifications, colors, and prices are subject to change by Kelly Herd at any time without notice. Prices displayed on the Site are quoted in U.S. Dollars and are valid and effective only in the United States. The particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors of products offered on this Site. Please call us at 1-.866-617-4653 for questions or if you need assistance with our products.

ACCURACY OF INFORMATION The information presented on this Site has been compiled by Kelly Herd from internal and external sources. No representation is made or warranty given as to the completeness or accuracy of such information. This Site may contain typographical errors, incomplete or out of date information. Kelly Herd reserves the right to make changes to the information in this Site, or to the services described therein, or update such information at any time without notice (including after you have submitted your order), but Kelly Herd makes no commitment to correct or update this information.

DISCLAIMER THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS CONTAINED IN THIS SITE, INCLUDING WITHOUT LIMITATION, TEXT, GRAPHICS, VIDEO, AUDIO AND HYPERLINKS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. KELLY HERD DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION SERVICES, PRODUCTS AND MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF SATISFACTORY QUALITY, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ANY NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE, AND THAT IN NO EVENT SHALL KELLY HERD BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, EVEN IF IT HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. LIMITATION ON LIABILITY IN NO EVENT SHALL KELLYHERDJEWELRY.COM OR ANY OF ITS AFFILIATED ENTITIES OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF KELLYHERDJEWELRY.COM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION, UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE SITE. These limitations shall apply notwithstanding any failure of essential purpose or the existence of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.

INDEMNIFICATION You agree to defend, indemnify and hold Kelly Herd harmless from and against any and all claims, damages, costs and expenses, including attorney’s fees, arising from or related to your use of this Site, your access to, or inability to access this Site, or from your reliance upon any information contained in this Site. USER SUBMISSIONS All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to kellyherdjewelry.com on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, “Comments”) shall be and remain kellyherdjewelry.com’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to kellyherdjewelry.com of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. kellyherdjewelry.com will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. kellyherdjewelry.com is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. Please also review our Privacy Policy. You agree that no Comments submitted by you to kellyherdjewelry.com will violate any right of any third party, including copyrights, trademark, privacy or other personal or proprietary rights. You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.

SITE LINKS kellyherdjewelry.com may contain links to web sites other than our own. kellyherdjewelry.com does not assume any responsibility for those sites and provides those links solely for the convenience of our visitors. kellyherdjewelry.com does not control the content of these sites and takes no responsibility for their content, nor should it be implied that kellyherdjewelry.com endorses or otherwise recommends such sites or the products or services offered. Any concerns regarding any such sites or the products or services offered should be directed to the particular outside service or resource.

APPLICABLE LAW This Site is created and controlled by kellyherdjewelry.com in the State of Tennessee, U.S. If there is a dispute about our policies and procedures or your use of this Site, the laws of Bradley County in the State of Tennessee, United States of America, shall apply, without regard to any conflict of law provisions, and it shall be resolved exclusively by the state and federal courts sitting in Cleveland, Tennessee.

TERMINATION kellyherdjewelry.com may immediately, without notice, deny you access to this Site if, in kellyherdjewelry.com’s sole discretion, you fail to comply with any term or provision of these Terms and Conditions of Use.

PURCHASES Products offered for sale and services available on kellyherdjewelry.com are for personal and/or retail use (with retailer approval). We reserve the right to limit the quantity of products purchased, and to refuse or cancel any order that we believe would violate any of our business practices, applicable laws or policies. No minimum order for non-custom products. Fixturing can be purchased separately. Except for specific Kelly Herd Jewelry programs that make provisions for “ memo “ merchandise all sales are considered final. Memo goods remain the property of Kelly Herd Jewelry and are held free from default, liens, bankruptcy, or any other obligation of the customer.

RETURNS: If you believe your products are defective you must contact Kelly Herd Jewelry immediately. All salesare final.  Kelly Herd Jewelry will gladly repair or replace any jewelry that has a manufacutring defect up to 30 days from date of purchase.  You must call for a Return Authorization Number.  Special order and closeout items are not exchangable.  Returns will not be accepted if products have been used, worn or damaged. Return all merchandise in its original condition and packaging with original invoice and Return Authorization Number. Special order items and close out items are not returnable Package merchandise must be insured, packed securely, and marked “Attention Customer Service” with the return authorization number marked clearly on the outside of package. Refused or undeliverable merchandise will be charged all shipping and handling cost plus a 20% restocking fee.  Kelly Herd Jewelry is not responsible for freight charges to return authorized damaged goods. Subject to conditions, a 20% restocking fee will be charged on returned orders. Special order items and close out items are not returnable

DELIVERY Any short deliveries must be notified to the carrier and Kelly Herd immediately and in writing within 3 days. Damaged or opened cartons must be checked or refused on delivery. Please note delivery dates quoted are a guide only and will not be legally binding unless specified as part of a contract. ARTWORK No artwork will be returned unless requested. Designing fees relate to the production used to create a product. The image created remains the copyright of the customer and disks remain the property of Kelly Herd. Images are stored for a period not less than 3 months or 90 days from date of creation.

PRICES AND PAYMENT Kelly Herd reserves the right to alter prices and material specifications without prior notice. All items remain the property of Kelly Herd until paid for in full. Net 30 terms are available to accounts for whom credit is established and approved. All orders are shipped F.O.B Cleveland, TN. Customers that present NSF, account closed or returned checks will be charged a $35.00 processing fee. Past due accounts are charged a 2% service charge monthly.