Last Updated: SEPTEMBER 13 2021
- ACCEPTANCE OF TERMS.
The following terms and conditions (these "TOS", “TOU”) govern all use by you as a User (as defined below), or Visitor (as defined below) of (a) Balacia’s websites and domains (including all webpages, subdomains and subparts therein contained, the "Site"), (b) any and all services available on or through the Site or otherwise provided by Balacia. (“Balacia”, “Balacia Inc”, "Balacia Limited, in connection with services listed on the Site, (collectively, the "Services"). The Services are owned and operated by Balacia. Balacia is a certified jeweler located in the State of Texas. The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by Balacia. BY USING OR ACCESSING ANY PART OF THE SERVICES, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN AND ALL OTHER OPERATING RULES, POLICIES AND PROCEDURES THAT MAY BE PUBLISHED FROM TIME TO TIME ON THE SITE BY BALACIA. IF YOU DO NOT AGREE TO ANY OF SUCH TERMS, CONDITIONS, RULES, POLICIES OR PROCEDURES, PLEASE DO NOT USE OR ACCESS THE SERVICES.
Please do not try to modify any portions of Balacia’s site. While we make changes to our site to give you the best jewelry items and prices, it is your responsibility to check these TOS periodically for changes. Your continued use of the Services following the posting of any changes to these TOS means that you have accepted and understood such changes. We make changes to enhance your experience with our website where necessary.
Balacia reserves the right, in its sole discretion, to change, modify, add, or remove portions of these Terms at any time. Please check this page periodically for changes. You agree that each time you visit any Site, your visit to and use of such Site will be subject to and bound by the then current version of these Terms.
- Subject to these TOS, Balacia grants User(s) a discretionary right use Balacia to place orders for jewelry and accessories.
- These TOS are in perpetual force and effect.
- If a User places an order for jewelry, the order forms an independent contract between the User and Balacia pursuant to these TOS and TOU.
- DESCRIPTION OF BALACIA.
Balacia provides means for individuals (“Users”) and (“Visitors”) to order fine jewelry. With a flair for elegance and sophistication, Balacia is known in the industry as a pioneer of fine jewelry. For all of your jewelry needs, payments are transacted with a credit card or through a third-party payment provider.
- USING BALACIA’S SERVICES.
While we want our Users to have a great experience using Balacia’s services, there are a few housekeeping points to consider. Please do not:
- Create or manage multiple Balacia accounts, unless we have given you express permission to do so
- Create a fake or false Balacia account (or create one on behalf of someone else)
- Use a credit card that you are not authorized to use.
- Use a false or unverifiable identity to make your purchase
- Use personal information including, but not limited to, addresses and phone numbers that you are not authorized to use
4.1 Changes to Pricing and Services.
Balacia reserves the right to adjust anything, including, but not limited to, our website, the pricing of our jewelry, custom packages, services, and products, in any manner, at any point in time, without express notification.
In order to use Balacia’s services as a User, you will need a physical address, a valid payment method, a telephone number, and an email address. Users consent to verification before Balacia ships their order. Verification may include a photo of valid identification, a signed credit card authorization form, passport, etc. Verification methods are selected by Balacia and are not negotiable.
4.3 How to Place a Jewelry Order.
Placing an order with Balacia is simple:
- Simply access Balacia from www.balacia.com, and register an account or use a guest account with Balacia.
- Contact us on our social media, phone, or email, and we will email you an invoice.
Keep in mind the following:
- Once an order is placed, it may only be cancelled within 12 hours of purchase. Orders cancelled 12 hours after purchase are only cancelled at the discretion of Balacia. Balacia reserves the right to refuse cancellation of an order. A $150 cancellation fee may apply if our design team has already started making your design.
- Users are charged for their orders at the time payment is made. This means that your payment method is automatically charged at the time of purchase.
- User acknowledges that an incorrect address provided by the User may mean the User’s loss of goods.
- User covenants and accepts that Balacia is not responsible for ensuring that addresses and contact information are accurate and updated.
- User covenants and accepts that there are no refunds or exchanges at Balacia.
4.4 Sizing and Customization
Users understand that:
- Not all rings can be sized; some rings have to be remade if the wrong size is ordered. Users should be cognizant of ring sizing and should inquire before making a purchase;
- Exact setting carats depend on ring size. Carats can vary depending on ring size;
- Reworking fees apply if a ring must be remade;
- Custom and engraved jewelry are not eligible for refund(s) and/or exchange(s);
- CAD change fees of $50-75 per edit apply after 2 revisions;
- Production time is usually 2-4 weeks. Some custom pieces can take up to 8 weeks depending on the complexity of the design; and
- Custom designs ordered by User may be used by Balacia. All custom designs have the right to be used and sold.
4.5 Shipping & Delivery
Users are responsible for providing complete and accurate shipping addresses. If a package is missing when marked as delivered, the user must open a shipping carrier claim.
Users may rest assured that all shipments are insured.
If you are worried about a package being misdelivered you must inform Balacia ahead of time so you can pick your order up from Fedex instead of having it delivered.
Users must be aware that shipping and delivery estimates are estimates only. Customized and/or engraved jewelry may take longer to produce. User will be notified regarding extended shipment and delivery times.
Balacia encourages its Users to leave reviews regarding their experiences. While Balacia appreciates honest reviews, reviews must be reasonable, courteous (no profanity or vulgarity) and respectful. The review system allows Users to provide reviews on aspects of their jewelry and shopping experience. These aspects include aesthetic of the jewelry pieces, service, customization, customer service, price, and other variables.
Users agree not to:
- Provide inaccurate or dishonest information about Balacia or its products and services; and
- Provide arbitrary reviews of Balacia which are dishonest or fraudulent.
If you order jewelry and/or accessories, you represent that:
- You are authorized to purchase jewelry using the credit card and/or payment account registered by You;
- You have valid contact information; and
- You are above the age of 18 years old.
In order to provide you with the best experience, Balacia may take the following actions in the event of non-payment and/or chargebacks
- Jewelry pieces may be sold after 90 days of the original payment/deposit date;
- A monthly payment plan may be offered;
- Deposits will not be returned/refunded and may be used as store credit once jewelry item is resold;
- Credit Card may be automatically drafted for outstanding payment(s)
- The outstanding balance may be sent to collections and/or legal action may be taken to collect the amount due
- RETURNS & EXCHANGES
Balacia does not offer returns, refunds, or exchanges. If an item is returned or refused by the User, Balacia is not responsible and the User will be responsible for a new shipping label within 60 days of the original purchase/deposit date.
- SITE CONTENT, COPYRIGHT, & INTELLECTUAL PROPERTY.
You agree that all material, including without limitation information, data, software, text, design elements, graphics, images and other content (collectively, "Content"), contained in or delivered via the Services or otherwise made available by Balacia belong to Balacia and is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws.
7.1 A Note on Copyright.
Our copyright rules are simple. Don’t reproduce our logos, trade-marks or pictures without our written consent. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Site Content, or post any Site Content on any other web site or in a networked computer environment for any purpose. Reproducing, copying or distributing any Site Content for any other purpose is strictly prohibited without the express prior written permission of Balacia. You shall use the Site Content only for purposes that are permitted by this TOS and any applicable laws and regulations (foreign and domestic). Any rights not expressly granted herein are reserved.
- NO GUARANTEE.
While Balacia makes every effort to provide stellar services 24/7 and around the clock, Balacia makes no guarantee that its Services, Content, Website, other Operations will be operable at all times or during any down time caused by any (i) power outages, (ii) outages caused by Our Servers our Service providers, (iii) scheduled and planned maintenance outages or (iv) events beyond Balacia’s control such as strikes, riots, government action, natural disasters, or internet service disruptions.
- DISCLAIMER OF WARRANTIES.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BALACIA HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. BALACIA MAKES NO WARRANTY THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY, SAFETY OR LEGALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU, THROUGH THE SERVICES, OR THE SERVICES THEMSELVES (OR ANY PART THEREOF), WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. BALACIA WILL HAVE NO LIABILITY WITH RESPECT TO ANY WARRANTY DISCLAIMED IN (I) THROUGH (IV) ABOVE. YOU ACKNOWLEDGE THAT BALACIA HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF THIRD-PARTY PRODUCTS OR SERVICES ADVERTISED, THE TRUTH OR ACCURACY OF ANY PRODUCTS OR SERVICES, OR THE AVAILIBILITY OF ANY PARTICULAR JEWELRY OPTIONS. THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
- THIRD PARTY SERVICES.
Balacia uses a number of trusted third-parties to certify its stones and precious metals. Users may make reference to any questions or concerns about certification with the third-party.
Stone certificates (IGI, GIA, etc) are made by third parties. Balacia is not responsible for the grading, replacing lost certificates, or anything else related to certification.
10.1 Links to Third Parties.
Balacia’s Site may contain links and/or references to websites operated by third-parties. These links and/or references to links are for the benefit of Balacia’s Users. Balacia does not control the content or actions of these Sites nor is it responsible for the content of third-parties. Balacia’s inclusion of such links does not imply an association or partnership with these sites. If you decide to leave the Balacia Site and access a third-party site, you do so at your own risk.
- DISPUTES BETWEEN USER AND BALACIA.
Balacia takes its Users and Visitors’ concerns very seriously. If you have a dispute or concern, please contact us at email@example.com with a detailed description of your dispute. Please note that disputes that cannot be resolved within the Balacia platform may be governed by arbitration or other legal actions under state (Texas) law.
You agree to defend, indemnify, and hold harmless Balacia and its officers, directors, stockholders, affiliates, employees and agents, from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, arising from your use of or purchase from Balacia (including your User Submissions) or your breach of these Terms.
- LIMITATION OF LIABILITY.
BALACIA SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL ACTION, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO THE SERVICES, OR ANY OTHER SUBJECT MATTER OF THESE TOS, FOR: (I) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR MISSED OR MISSING JEWELRY ORDERS, INCORRECT SIZING, OR OTHER TANGIBLE OR INTANGIBLE LOSSES (EVEN IF BALACIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (II) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, (III) AMOUNTS IN EXCESS OF $0.00 USD IN THE AGGREGATE FOR ALL CLAIMS WITH RESPECT TO THE SERVICES, OR (IV) ANY MATTERS BEYOND BALACIA'S REASONABLE CONTROL. IN ADDITION, BALACIA IS NOT AFFILIATED WITH, AND HAS NO AGENCY OR EMPLOYMENT RELATIONSHIP WITH, ANY THIRD PARTY SERVICE PROVIDER USED IN CONJUNCTION WITH THE SERVICES, AND BALACIA HAS NO RESPONSIBILITY FOR, AND HEREBY DISCLAIMS ALL LIABILITY ARISING FROM, THE ACTS OR OMISSIONS OF ANY SUCH THIRD PARTY SERVICE PROVIDER. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
- GOVERNING LAW.
These TOS shall be interpreted and governed by the laws of Texas. The venue for any action concerning this Agreement shall be in the county of Balacia Inc.’s location within Texas. Any financial controversy or claim arising out of or relating to this Agreement, or the breach hereof, shall be settled by arbitration with a single arbitrator in accordance with the rules of the Civil Procedure Code and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof; Provided, however, the parties may seek injunctive relief to enforce any aspect of this agreement regarding paragraphs 6 and 8 through the courts. Any arbitration will take place within the state of Texas.
- MOBILE TERMS OF SERVICE
The Balacia mobile message service (the "Service") is operated by Balacia LLC (“Balacia”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to Balacia’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Balacia through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Balacia. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to +18449660375 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Balacia mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Service support or assistance, text HELP to +18449660375 or email firstname.lastname@example.org.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
Balacia appraisals are made using a third party. Balacia is not responsible for appraisal values, claims, or anything else related to appraisals. If you do not receive your appraisal or need it resent, please contact Balacia.
- QUESTIONS OR CONCERNS?