Best Brilliance Jewelry Warranty legal

1.     DEFINITIONS:

"Best Brilliance" shall mean Best Brilliance, Inc.

"Merchandise" shall mean the goods identified on Your sales slip from Best Brilliance.com as covered by the BBPP.

"BBPP" means the Best Brilliance Protection Plan.

" Price" means the purchase price for the BBPP as shown on Your invoice.

"We", "Us" and "Our" means  Best Brilliance, Inc. 580 Fifth Ave., Suite #1818 New York, NY 10036 USA+1-866-978-4466. We are the party obligated to provide services to You under the BBPP.

 

"You" or "Your" means the original customer who purchased the Merchandise or original recipient of the Merchandise, in the case of a gift, covered by the BBPP.

2.     WHAT IS COVERED:

This is a repair plan. In consideration of Your payment of the Plan Price, We will furnish labor and parts necessary to maintain the Merchandise in a usable and wearable condition, provided such service is the result of normal wear and tear and . The BBPP coverage includes, but is not limited to, the following services, subject to the other terms and conditions of the BBPP:

Ring sizing and re-sizing;

Cleaning and polishing;

Rhodium plating white gold;

Inspection;

Repair of cracked or thinning band;

Resetting the diamonds and gemstones;

Shipping to and from You.

3.     WHAT IS NOT COVERED:

This is not a replacement plan. Replacement of diamonds or gemstones are not covered under the BBPP. Nothing herein shall obligate Us to repair the Merchandise other than as a result of normal wear and tear. The BBPP does not cover: (a) excessive treatment; (b) abusive treatment; (c) treatment made by any third party not authorized by Us; (d) treatment made for any illegal or unethical purpose; (e) loss or theft of the Merchandise; (f) damage resulting from  an Act of God; (g) failure to comply with Our recommended maintenance instructions.

The BBPP does not replace, but supplements, any other warranties or guarantees applicable to the Merchandise. You must and shall perform all maintenance on the Merchandise required by any applicable underlying warranties or guarantees to maintain the Merchandise in usable and wearable.

4.     SHIPPING:

You can return the Merchandise to our New- York offices in person or you by mail. We cover the cost of shipping to our offices and the shipping of securely mailing your repaired Merchandise back to you when we’re finished servicing it.

5.     LIMIT OF LIABILITY:

Our total liability under the BBPP is the purchase price paid for the Merchandise as shown on the invoice you received from Best Brilliance, notwithstanding the type of loss or damage, or whether the claim is based on contract, tort or equity. In the event that the total value of all authorized services We provide under the BBPP (as indicated above) exceeds the purchase price of the Merchandise (as shown on Your invoice), We shall have satisfied all obligations owed under the Plan. IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, NO MATTER WHAT THE CAUSE, INCLUDING DELAY IN RENDERING SERVICE UNDER THE BBPP, OR LOSS OF USE DURING THE PERIOD THAT THE MERCHANDISE IS BEING REPAIRED OR OTHERWISE AWAITING PARTS. UNLESS SPCIFICALLY STATED OTHERWISE HEREIN, THE SERVICES AND PARTS PROVIDED UNDER THE BBPP ARE PROVIDED WITHOUT ANY WARRANTY OF ANY KIND, INCLUDING WARRANTY OF MERCHENTABILITY, FITNESS FOR A PARTICULAR PUPOSE OF NON- INFRINGMENT.

6.     NO DEDUCTIBLE:

You are not required to pay any deductible under BBPP.

7.     WHAT TO DO IF COVERED MERCHANDISE REQUIRES SERVICE:

To obtain authorized service under the BBPP, the Merchandise must be returned to Our store location either in person or by shipping the Merchandise. This requirement applies to all in-store and online purchases of the BBPP. Unauthorized repairs or service can void BBPP coverage.

8.     YOUR OBLIGATIONS:

You must provide the care and maintenance of the Merchandise as described above. You must maintain possession of Your invoice, which will serve as identification of BBPP purchase as well as identification of Merchandise covered.

9.     TERM:

The term of the BBPP shall commence from the date the BBPP is purchased (as shown on Your invoice) and shall continue for periods stated above . The BBPP is void if the Merchandise is used as a trade-in toward another item.

10.  CANCELLATION:

Cancellation by You. You may cancel the BBPP for any reason at any time by emailing Us or by calling Us and requesting cancellation.

If You request cancellation within thirty (30) days of the original purchase date of the BBPP (as shown on Your invoice) and no services have been provided to You under the BBPP, then the BBPP is void and You will receive a full refund of the Price.

If You request cancellation of the BBPP more than thirty (30) days after the original purchase date of the Plan or after You have received services under the BBPP, then You will receive a prorated refund of the Price (based on an assumed duration of the BBPP, solely for cancellation purposes, of five (5) years), less the value of any BBPP services received.

Cancellation by Us. We may cancel the BBPP for non-payment, fraud, or material misrepresentation by You. Notice of cancellation by Us will be sent to You at least seven (7) days prior to cancellation, and will state the effective date and reason for cancellation. If We cancel the BBPP, You will receive a prorated refund of the Price (based on an assumed duration of the BBPP, solely for cancellation purposes, of five (5) years), less the value of any BBPP services received.

11.  FULL FAITH AND CREDIT:

Our obligations under the BBPP are backed by Our full faith and credit. The BBPP is not guaranteed under a service contract reimbursement policy. The BBPP is not an insurance policy.

12.  ENTIRE AGREEMENT:

This document sets forth the entire agreement between parties with respect to the BBPP and no representation.

13.  JURISDICTION:

The terms governing the BBPP, and Your relationship with Us pursuant thereto shall be governed by and construed in accordance with the laws of the State of New- York, United States, without reference to its conflict of laws principles. You hereby submit any claim and/or demand and/or suit you may have in connection with the BBPP to the exclusive jurisdiction and venue of the competent courts located in the southern district of New- York, New York.