TERMS & CONDITIONS
TERMS AND CONDITIONSWelcome to www.Barkevs.com. Thank you for your visit. Barkevs.com (“Barkev’s”, “we”, “us” or “our”) provides services to you subject to the terms and conditions and other customer service pages which we have prepared to help make your shopping experience with Barkev’s as enjoyable and problem-free as possible. Please read them carefully. By visiting or using this web site or any other Barkev’s web site or service, you acknowledge that you have read and understood, and agree to be bound by, these Terms. You also agree to comply with all applicable laws and regulations, including United States Copyright and Trademark laws. If you do not agree to these terms, please do not use any Barkev’s web site. BY USING AND/OR VISITING THIS SITE IN ANY WAY, YOU AGREE TO BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE, DO NOT USE THIS SITE OR ANY BARKEV’S WEB SITE. These Terms and Conditions govern your use of, and any purchase from, the Barkev’s Site, and constitute an agreement between you and Barkev’s. Barkev’s 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.
SITE CONTENTThe Site and all content and other materials, including, without limitation, the Barkev's 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 Barkev’s or its affiliates, licensors or users and is protected by United States and international trade dress, copyright laws, patent and trademark laws, and various other intellectual property rights and unfair competition laws. You are authorized to use this material only for personal, non-commercial purposes. You may download, print, and store copies of this material for your own personal, non-commercial use. Nothing contained on the Barkev’s Site should be construed as granting, by implication or otherwise, any license or right to use any trademark or service mark displayed on the Barkev’s Site without the written permission of Barkev’s. Barkev’s will aggressively enforce its intellectual property rights to the fullest extent of the law.
TRADEMARKSBarkev’s, Barkevs.com logos, and any other product or service name or slogan contained in our Site are trademarks of Barkev’s and/or its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Barkev’s or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "Barkev’s" or any other name, trademark or product or service name of Barkev’s without our prior written permission. All other trademarks, registered trademarks, product names and Barkev’s names or logos mentioned in our Site are the property of their respective owners.
USE OF WEBSITEYou are granted a personal, limited, non-sublicensable license to access and use the Site and electronically copy, (except where prohibited without a license) and print to hard copy portions of the Site materials for your informational, non-commercial and personal use only. Such license is subject to these 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 Barkev’s, 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 Conditions shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time.
INFORMATION ON OUR SITEBarkev’s is committed to providing current and accurate information on our web site, email, and telephone communications. We do not, however, warrant that this information is always correct, accurate or complete. In rare circumstances, data, including prices, may be inaccurately displayed on our Site due to system and typographical errors which may occur. Inadvertent errors or inaccurate advertised prices are not binding on Barkev’s, and may be adjusted by Barkev’s at any time. Barkev’s reserves the right to correct any and all errors when they do occur. If an order is placed with a lower product’s listed price than the actual price, Barkev’s will, at its discretion, either advise the customer before shipping the product or cancel the order and notify the customer of such cancellation. Barkev’s apologizes for any inconvenience that this may cause. Information that we communicate is not a binding contract, and should not be treated as such. The sole remedy of a customer acting on incorrect information is to request a cancellation of the order placed as a result of this incorrect information. If an order has been shipped, the customer agrees to either return the product for full credit or pay the difference between the actual and charged prices. Please review our Return Policies. Products may appear on the Barkev’s website larger or smaller than their actual size. Given the variation in computer monitor settings, color and size may vary slightly when viewing product photography. In compliance with industry standards and FTC regulations, carat total weight may vary 0.05 carats from stated weight. For gemstone and pearl measurements, a tolerance of 0.25mm is allowed. For diamond jewelry set with multiple diamonds, we provide the minimum total carat weight for the piece. Color and clarity grades are expressed as either a minimum or an average depending on the number of diamonds. If stated as a minimum, all diamonds within the piece are at or above the stated quality. If expressed as an average, collectively the quality is equal to or exceeds the grade stated. Barkev’s retains the full unrestricted rights to all jewelry designs, whether custom or standard, and may choose to market or sell jewelry based on such designs. Barkev's product details and prices are also subject to change without notice. All of our prices are final and non-negotiable.
COMPARISON SHOPPINGIn order to maintain the high quality of our pieces, Barkev’s does not allow multiple pieces to be purchased for comparison, which is the act of buying several items with the intent of keeping the item that you like best and returning the remaining items that were purchased. This is why we offer our “Try It At Home” service. For more information please see policy details for trying samples at home. If you have any questions regarding our policy, please contact our Customer Service line at 1-800-227-7321.
DIAMOND CERTIFICATESWhen you order a ring with a diamond, Barkev’s will ship it to you with the accompanying diamond certificate which is a diamond grading report. These grading reports are detailed documents created by diamond grading experts at highly-respected diamond laboratories. These diamond grading reports are extremely expensive to replace and as a result of this, Barkev’s requires each diamond grading report to be included with each returned ring. If you do not include the diamond grading report with your return, you will be charged a replacement fee of $250.00.
PASSAGE OF TITLETitle for goods purchased passes from Barkev’s to the purchaser’s designee at the time that goods are delivered to the designee.
CANCELLATION OF PRODUCTSBarkev’s reserves the right to cancel products or services to any customer for any reason at any time. The customer's sole remedy in such cases will be the full refund of any funds that we have collected in reference to the canceled products and/or services.
YOUR ACCOUNTWhen you access or use the Barkev’s website or your personalized Barkev’s account, you are solely responsible for maintaining the confidentiality of your account and for restricting access to your computer. You are further responsible for all activities that occur under your personal account and your password. If you are under the age of 18 years old, you may use Barkevs.com only under the guidance and direction of a parent or guardian. Please note that Barkev’s reserves the right, in its sole discretion, to refuse service, terminate accounts, remove or edit content or cancel orders.
FEEDBACK AND SUBMISSIONSYou acknowledge and agree that any feedback or submissions, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding this website, or Barkev’s products or services that are provided by you to Barkev’s in any form are not confidential and upon submission, shall become the sole property of Barkev’s. Barkev’s shall own exclusive rights, including all intellectual property rights to said feedback and submissions, and shall be entitled to the unrestricted use and dissemination of the feedback and submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You grant Barkev’s and its sublicensees the right to use the name that you submit in connection with such content, if they so choose. You represent and warrant that (a) you own and control all of the rights to the content that you submit, or that you otherwise have the right to submit such content to this site; (b) the content is accurate and not misleading; and (c) use and posting of the content you supply will not and does not violate any rights of or cause injury to any person or entity.
INFRINGER POLICYIn accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Barkev’s has adopted a policy of terminating and barring, in appropriate circumstances and at Barkev's sole discretion, site users or account holders who are deemed to be repeat infringers. Barkev’s may also at its sole discretion limit access to this site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
INDEMIFICATIONYou agree to defend, indemnify, and hold harmless Barkev’s, its independent contractors, service providers and consultants, affiliates, and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, expenses and costs (including without limitation reasonable attorneys' fees and court costs), arising out of or relating to your breach of these Conditions or your access to or use of the Barkev’s Site or inability to use the Site, including without limitation any actual or threatened suit, demand or claim made against Barkev’s and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the Content, your conduct, your violation of these Terms and Conditions or your violation of the rights of any third party.
DISCLAIMER OF WARRANTIESTHIS SITE, THE CONTENT CONTAINED THEREIN AND THE PRODUCTS PROVIDED IN CONNECTION THEREWITH (THE "PRODUCTS") ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. BARKEV’S MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON IT. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK, BY YOUR OWN FREE WILL, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY CONSEQUENCES ARISING FROM THIS USE. WITHOUT LIMITING THE FOREGOING, BARKEV’S DISCLAIMS ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT, AND MATERIALS ON THE SITE. BARKEV’S, DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR ITS ELECTRONIC COMMUNICATION ARE ACCURATE, RELIABLE, COMPLETE, CURRENT OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITYIN NO EVENT SHALL BARKEV’S, ITS DIRECTORS, MEMBERS, EMPLOYEES, AFFILIATES, OR AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING BARKEV’S PRODUCTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES OR OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN CONTRACT, TORT, OR OTHERWISE, INCLUDING NEGLIGENCE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RESULTING FROM THE USE OF OUR SITE, THE PRODUCTS, THE SERVICES OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH BARKEV’S SITE, OR THAT RESULTS FROM THE RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM BARKEV’S, ANY MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAILS, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE OF BARKEV’S SITE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO BARKEV’S PROGRAMS OR SERVICES, EVEN IF BARKEV’S IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BARKEV'S LIABILITY BE GREATER THAN THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE BASIS FOR THE CLAIM. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. It is your responsibility to check local laws for any restrictions or limitations regarding the exclusions of implied warranties.
TERMINATIONNot withstanding any of these Terms and Conditions, Barkev’s reserves the right, without notice and in its sole discretion, to terminate your license to use this site, and to block or prevent future your access to and use of the Site.
MICELLANEOUSThese Conditions contain the entire understanding of you and Barkev’s with respect to the subject matter hereof and supersedes all prior agreements and understandings between you and Barkev’s with respect to the subject matter hereof. The failure of Barkev’s at any time to enforce any of the provisions of these Conditions will not be deemed or construed to be a waiver of any such provisions, or in any way to affect the right of Barkev’s to thereafter enforce each and every provision of these Conditions. No waiver by Barkev’s of any breach of any provision of these Conditions will be construed or deemed to be a waiver of any other subsequent breach. If any provision of these Conditions is declared invalid or otherwise determined to be unenforceable for any reason, such provision will be deemed to be severable from the remaining provisions of these Conditions, which will otherwise remain in full force and effect. Provisions concerning your rights and obligations which by the content of the provision operate after termination or which are necessary to enforce any right will survive any termination or expiration of these Conditions.
ARBITRATIONThese Conditions and your use of this Site shall be governed by and construed in accordance with the laws of the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity or any dispute, claim or controversy arising out of or relating to these Conditions or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site or purchases from the Site thereof, (collectively, “Claims”) shall be resolved by binding arbitration, as described below, instead of in court, except that each party retains the right to bring an individual action in small claims court. You further agree that arbitration must be on an individual basis and that you are hereby waiving your right to join or consolidate Claims in arbitration or arbitrate any claims as a representative or member of a purported class. You acknowledge and agree that you are waiving the right to a trial by jury. This arbitration provision shall survive the termination of these Conditions, as well as any other contractual agreement that you have with the Company. You acknowledge and agree that, by agreeing to these Conditions, the Federal Arbitration Act (“FAA”) shall govern the interpretation and enforcement of this provision and that any such arbitration must proceed with the American Arbitration Association (“AAA”) before a mutually agreed upon single arbitrator licensed to practice law. It will be conducted in accordance with the then-prevailing Arbitration Rules of the AAA and the arbitrator shall be bound by these Conditions. The arbitrator shall have authority to award or grant legal, equitable, and declaratory relief. Such arbitration shall be final and binding on the parties.
MODIFICATION AND NOTICEYou agree that Barkev’s may modify these Terms and Conditions and any other policies on our Site at any time and that posting the modified Terms and Conditions or policies on our Site will constitute sufficient notice of such modification.
SEVERALBILITYIf any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
SHIPPING POLICYBarkev’s offers free shipping on every US order. All orders are shipped via UPS or the carrier that is appropriate for your order. All Barkev’s orders are fully insured. Our lead times are 1-3 weeks from the date your order is placed. Because our designs are made to order, time from order to delivery will vary depending on the item. If you need your order prior to a specific date, please call us and we will do our best to arrange your order to be delivered by your targeted delivery date. If you place an order on a holiday, Saturday or Sunday, your order will begin processing the following business day. Some orders may arrive earlier than the expected delivery date if they are ready and we will notify you of when to expect your delivery. Barkev’s is committed to a timely delivery for your order. However, delivery delays due to inclement weather conditions, carrier delays or incorrect addresses are beyond our control. You will receive an email confirmation once your order ships. Before being packaged and shipped, all orders receive a final quality assurance and each item is placed in a jewelry box to protect the item during transit. Our team will keep you up to date on your order status, and you can always contact us if you have any questions. For your protection Barkev’s always: - Carefully packages your order. - Insures and registers all items for their full value. - Requires that all deliveries are made to a physical business or home address only. We do not ship to P.O. box addresses. - Requires an adult 21 years and older to sign for the delivery.
30 DAY RETURN POLICYWe accept returns for refund or exchange within 30 days of shipment from our facility. To make your Barkev’s purchasing experience as stress-free as possible, we also offer free return shipping on all US orders. Please call Barkev’s at 1-800-227-7321 for items to return or to report damage or defect. We are not responsible for lost or stolen articles. Note: Two complimentary returns are allowed per customer, per year. We will send you a fully insured, free shipping label via email within one business day of your return request. To be eligible for return, your item must be in their original, unworn purchase condition, include all packaging and original product documentation, original diamond certificate (if applicable), and be shipped back to us within the 30-day window. After we receive your returned order, our Quality Assurance department will inspect and verify the condition of the item. A Return Authorization Code (RAC) is required for all returns. We will not accept any returns without a Return Authorization Code. Returns are processed during weekdays and can take approximately seven business days to process upon receipt of the item. Following the receipt of your item, you’ll receive a confirmation email or if you prefer, a phone call. Our Quality Assurance Department will review the returned item. Items that show signs of wear or have been altered in any way, or modified, or engraved, or re-sized by a jeweler other than Barkev’s, or damaged cannot be accepted for return. Barkev’s will refund the original purchase amount of the item via the mode of payment used in the original purchase. If your order was paid by check, please allow 10-14 business days to receive check. For all credit card refunds, please allow one monthly billing cycle in order for your credit to appear. If a package or item delivered to you arrives damaged, please refuse the shipment and call us immediately at 1-800-227-7321. Please retain all packing materials unless instructed otherwise by Barkevs. Claims for damaged or missing items must be reported immediately after receipt of your order. Barkev’s is not responsible for lost or damaged returned shipments. HOW TO RETURN AN ORDER 1. Obtain the Return Authorization Code: Call us at 1.800.227.7321 to obtain a return authorization code and request your free UPS return shipping label. Write your return authorization code on the outside of the package you are returning. 2. Packing your order: For all returns, please include all original packaging and accompanying materials, including the packing slip and all diamond certificates (a $250 replacement fee per diamond certificate will be charged otherwise). For security reasons, do not write jewelry, diamonds or other related words anywhere on the package. 3. Shipment and Insurance: In order for the insurance to be valid with the use of your UPS prepaid label, you must "double box" your shipment and follow these instructions. Enclose your item inside its original ring jewelry box. For your convenience, we recommend using the original packaging from your order. Place the ring jewelry box inside the medium box. Place the medium box inside the larger box. If you do not have the original packaging, please include the ring jewelry box inside a small UPS Priority box and seal it. Then place the small UPS Priority box inside a medium UPS Priority box and seal it. Affix the label to the outside of the larger box and drop it off at your nearest UPS location. Barkev’s and UPS are not responsible for packages dropped off in UPS Drop Boxes or Non-UPS staffed locations. Obtain a UPS receipt to confirm that the item has been shipped - this receipt will act as proof of insurance.
TRY IT AT HOME PROGRAMWe are happy to offer our Home Try-On program which allows you to try out different ring samples for up to 5 days at the comfort of your own home! We will send you the samples along with a pre-paid shipping label. Each of our ring samples are made with high-quality CZs in Silver and are crafted to perfection just like our engagement rings. After your 5 days are up, you simply place the rings in their original packaging, attach the enclosed shipping label to the box and drop it off at your local UPS location. There is a $200 (refundable) deposit that is required for each ring sample. Should you place your order for one of our rings, then the deposit will be applied to your new order. If you do not place an order, then your deposit for the ring samples will be refunded in full, in the same mode of payment, after we receive the samples. Should you lose the samples, or decide to keep them and not place an order for a ring, then Barkev’s will keep your deposit for each ring.
DIAMOND UPGRADE PROGRAMAs part of our jeweler for life commitment, Barkev’s is pleased to offer a lifetime diamond upgrade program on all GIA and AGSL graded diamonds that are purchased directly from Barkev’s. Please contact us at 1-800-227-7321 to discuss your upgrade. Upgrades are not available for colored gemstones or black diamonds. You will receive credit equal to 100% of the original price toward the purchase of a new diamond. The price of your new diamond must be at least 50% more than the price of your original diamond. Your diamond must be in its original, salable condition with the original diamond grading report that is also in reusable condition. Fees may apply for damaged or unusable grading reports. Any damage to the original diamond will disqualify the diamond from our upgrade program. Upgrade credit does not include tax paid on the original purchase. All applicable taxes will be charged on the full retail price of the new diamond before any credit is applied. If you would like to upgrade your setting, you have the option of sending it to Barkev’s for an estimate on the value. If you agree with the estimate, we will apply the value to your new setting. If you do not agree, then we will send the setting back to you. Please note that the value of a setting can only be used to purchase a new Barkev’s setting.
WARRANTYBarkev’s stands behind the quality and craftsmanship of our jewelry, and warrant that all items will be free from manufacturing defects for the life of the product. If you believe your item has a manufacturing defect, we recommend that you contact us to obtain a Warranty Authorization Number (WAN) prior so that one of our expert jewelers may inspect your item. A $50 dollar deposit will be taken which covers the cost of shipping the item. This fee is refunded in full for all warrantied repairs. If we determine that the damage to your item is warrantied, we will repair the item at no cost to you. If we determine that the damage is not caused by a manufacturing defect, we will email you a repair quote for approval before any work is done to your item. If approved, the $50 dollar deposit will be applied to this repair. If the customer chooses not to perform the repair, the deposit will be applied to cover the shipping charge to send back the item to the customer after the evaluation. We recommend having your jewelry cleaned and inspected every six months to a year, or if it undergoes any trauma at any point. Inspections may help prevent the loss of a stone and extend the life of your jewelry. This cleaning and inspection service is free of charge to Barkev’s customers. The customer pays for shipping the item to us, and Barkev’s pays for return shipping. Please call us prior to sending us your jewelry for inspection or cleaning. Maintenance, repair, resizing or any other type of services performed on the ring by a jeweler other than Barkev’s will void your warranty. All fine jewelry is not impervious to normal wear, activities or trauma. This is especially true for rings since hands are actively used and subject to daily use. We do not provide warranties for damage due to normal wear-and-tear, loss of gemstones, product loss, theft or mysterious disappearance. Coverage also excludes damage or loss caused by a failure to obtain the repairs required to preserve the integrity of the jewelry. We recommend that you maintain insurance coverage for your jewelry to help cover significant damage, loss, or theft. Some examples of common jewelry issues that would not be considered manufacturing defects include: - Discoloration of metals caused by exposure to chemicals, cosmetics, swimming pools, hot tubs or bathing. - Precious metals, and especially prongs, wear down over time and may require restoration work as part of normal everyday wear. - Prongs catching, bending or wearing out over time due to everyday wear and normal damage, allowing a gemstone to fall out or be lost. - Lost stone or stone has fallen out due to chipped stone or stone breakage caused by normal wear or from other damage. Please note that slight irregularities and variations or natural characteristics such as internal inclusions, visible or otherwise, in gemstones are unique to each item. These characteristics are considered a part of the character of the item and should not be considered a defect. Diamond and gemstone eternity rings with a specific number of gemstones per finger size cannot be resized, so please take care to order the correct ring size at time of purchase. For assistance determining the proper ring size, please contact customer service or use our online ring sizer tool.
QUESTIONSIf you have any questions, please do not hesitate to contact us at email@example.com or call at 1-800-227-7321.