Terms & Conditions
These terms and conditions apply to Hit & Fit Gems Web site located at www.hitandfitgems.com. Please read these terms and conditions carefully. BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
These Terms and Conditions govern your use of, and any purchase from, the Hit & Fit Gems Site, and constitute an agreement between you and Hit & Fit Gems. Be reserves the right to change or modify any of these Terms and Conditions or any policy or guideline of the Site at any time, and in its sole discretion. Any change or modification will be effective immediately upon posting of the revisions on the Site. Your continued use of the Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review these Terms and Conditions and any other applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.
Product Availability and Pricing
If you’re interested in a piece of jewelry that is currently on back order, email us and we can tell you when the item will be back in stock. Sometimes with the volume of orders we receive, an item may go out of stock before we are able to post a notification on the Site. If this happens, we will contact you directly to discuss possible options.
Data, including prices, may be inaccurately displayed on our Site due to system or typographical 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, and we do not honor inaccurate or erroneous prices. If a product’s listed price is lower than its actual price, we will, at our discretion, either contact you for instructions before shipping the product or cancel the order and notify you of such cancellation. If the order has been shipped, you agree to either return the product or pay the difference between the actual and charged prices. 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 one of our Jewelry Consultants at info[@]hitandfitgems[.]com.
We do not negotiate prices on our products and all our prices are final.
We do not entertain “Comparison Purchasing”
To keep our prices low, we do not allow comparison purchasing. Comparison purchasing is the act of buying several items with the intent of keeping the one you like best and returning the remainder. This causes undue restocking and inventory overhead and can be very costly. To confirm the quality of a jewelry item, please contact us at info[@]hitandfitgems[.]com, and we would be happy to help you make your choice.
Information on our Site
At Hit & Fit Gems, 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. In compliance with industry standards and FTC regulations, Hit & Fit Gems states that carat total weight in all purchases may vary 0.05 carats from stated weight.
On the Site, we provide the measurement of our products based on our manufacturing specifications. Slight tolerances may be accounted for based on finishing during the manufacturing.
The Site and all content and other materials, including, without limitation, the Hit & Fit Gems logo, and all designs, text, graphics, pictures, selection, coordination, ‘look and feel’, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of Hit & Fit Gems or its licensors or users and are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Sole property of Hit & Fit Gems, the Hit & Fit Gems logos, and any other product or service name or slogan contained in our Site are trademarks of Hit & Fit Gems and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Hit & Fit Gems or the applicable trademark holder. You may not use any meta tags or any other “hidden text” utilizing “Hit & Fit Gems” or any other name, trademark or product or service name of Hit & Fit Gems without our prior written permission. All other trademarks, registered trademarks, product names and Hit & Fit Gems names or logos mentioned in our Site are the property of their respective owners.
Use of the Site
You are granted a personal, limited, non-sub licensable license to access and use our Site and electronically copy, (except where prohibited without a license) and print to hard copy portions of our Site Materials for your informational, non-commercial and personal use only. Such license is subject to these Terms and Conditions and does not include: (a) any resale or commercial use of our Site or the Site Materials therein; (b) the collection and use of any product listings, pictures or descriptions for commercial purposes; (c) the distribution, public performance or public display of any Site Materials, (d) modifying or otherwise making any derivative uses of our Site and the Site Materials, or any portion thereof; (e) use of any automated means to access, monitor or interact with any portion of our Site, including through data mining, robots, spiders, scraping, or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of our Site, the Site Materials or any information contained therein, except as expressly permitted on our Site; (g) cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisement, or anything else which minimizes, covers, or frames or inhibits the full display of our Site; (h) use our web sites in any way which interferes with the normal operation of our sites; or (i) any use of our Site or the Site Materials other than for its intended purpose. Any use of our Site or the Site Materials other than as specifically authorized herein, without the prior written permission of Hit & Fit Gems, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms and Conditions shall be construed as conferring any license to intellectual property rights, whether by estoppels, implication, or otherwise. This license is revocable at any time.
Third Party Content
• Third Parties and information sharing.
Third-party Service Providers. We use third-party service providers in various aspects of our business, and we may share your personal information with them as necessary for them to perform their functions. For example, service providers may assist us with order fulfillment, package delivery, credit card issuance, the providing of warranties, credit card processing, customer service, website functionality or promotions. They may collect personal or non-personal statistics about our users, and have access to personal information needed to perform their functions, but may not use it for other purposes. In addition, we may use third-party service providers to serve ads on our behalf across the Internet and sometimes on this site or to present special offers to you when you visit our website. They may collect anonymous information about your visits to our Web site, and your interaction with our products and services. They may also use information about your visits to this and other Web sites to target advertisements or offers for goods and services. This anonymous information is collected through the use of a pixel tag, which is industry standard technology used by most major web sites. No personally identifiable information is collected or used in this process. They do not know the name, phone number, address, email address, or any personally identifying information about the user.
Business Transfers/Transitions. As we continue to develop our business, we could buy, license or sell assets. In such transactions, customer information generally is one of the business assets involved. In the event of a sale of our business (in whole or in part), a divestiture, merger, consolidation, restructuring, or asset sale, it is likely that one of the assets acquired by the purchaser would be the personal and non-personal information that we have collected. Under this situation, customer information would be transferred to the third party purchaser.
Business partners. When you make purchases or engage in promotions offered through our website, by telephone, or otherwise, we may share personal information with the businesses with which we partner to offer you those products, services, promotions, contests and/or sweepstakes. When you elect to engage in a particular merchant’s offer or program, you authorize us to provide your e-mail address and other information to that merchant.
Other Disclosures. We may disclose personal information when we are required or requested to do so by law, court order, subpoena, legal process, or other government or law enforcement authority or regulatory agency to establish, exercise, enforce or apply our rights and agreements; defend against legal claims, or when we believe in good faith that disclosing this information is necessary or advisable, including, for example, to protect the rights, property or safety of our website, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. We may also share information in order to investigate, prevent or take action regarding illegal activities.
o With your Consent. We will share personally identifiable information with certain specific third party marketers when you accept an offer from them or otherwise consent for us to do so. Such personally identifiable information may include your name, credit/debit card number and expiration date, physical and email addresses and other billing information, as well as other information that you consent to provide.
o Your Personal information protection. We understand the importance of securing and protecting personal information. We maintain appropriate safeguards to secure your personal information. To help protect the integrity and privacy of the personal information you provide, we use encryption technology to transmit personal information over the Internet to our servers. For example, when collecting credit card information, we offer secure-server transactions that encrypt your information in transit to thwart someone form intercepting and misusing it. We also use “firewalls,” secure socket layers and other security technology to protect your information and our network. We secure your personal information on servers located in controlled, secure environments, protected from unauthorized access, use or alteration. Our employees have limited access to your personal information based on their responsibilities and all employees are instructed to protect the confidentiality of your personal information as described in the Policy. We want you to feel confident using our website to transact business. However, no system can be completely secure. Therefore, although we take steps to secure your information, we do not promise, and you should not expect, that your personal information, searches, or other communications will always remain secure. You should also take care with how you handle and disclose your personal information and should avoid sending personal information through insecure e-mail.
Advertisements and Promotions
Hit & Fit Gems may run advertisements and promotions from third parties on our Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Hit & Fit Gems, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. Hit & Fit Gems is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Hit & Fit Gems advertisers on our Site.