General Condition of Sale
These general conditions of sale and any specified terms herein (the “Conditions of Sale”) shall apply to all sales of jewelry, watches and accessories, and any service provided herein by Burdeen's (as defined below) that you (the “Customer”, also referred to as ‘you’ or ‘your’) order from Burdeen’s via the Burdeen’s Channels (each as defined below).
“Burdeen’s” (also referred to as ‘us’, ‘our’ or ‘we’) means Burdeen’s Jewelry, Ltd a corporation organized under the laws of Illinois, United States of America (USA), with offices at 1151 West Lake Cook Road, Buffalo Grove, IL 60089.
“Burdeen’s Channels” means Burdeen's website under the URL “www.burdeens.com” (the “Website”), Burdeen’s Client Advisor Service which can be contacted by phone +1-847-459-8980) and email email@example.com (the “Client Advisor Service”), and any Burdeen’s associated digital or mobile platforms.
These Conditions of Sale apply solely to sales made online through Burdeen’s Channels by individuals who have a shipping address in the continental USA, Alaska and Hawaii.
Governing Law and Jurisdiction
This Burdeen’s service is operated by Burdeen’s Jewelry, Ltd. and makes no representation that the information in this Service is appropriate or available to use outside of the United States, and access to this Service from territories where the content of the Service may be illegal is prohibited. If you access this Service from outside the United States, be advised this Service may contain references to products and services that are not available or are prohibited in your country. Those who choose to access this Service from outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws. This Terms and Conditions Agreement and all policies and documents incorporated herein by reference constitute the entire agreement between Burdeen’s and you with respect to the subject matter herein.
If you refuse to accept these Conditions of Sale, you will not be able to order any Products or Services from the Burdeen’s Channels.
From time to time, Burdeen’s may modify these Conditions of Sale in its sole discretion. Please check the Burdeen’s Channels on a regular basis to be informed of any changes. If you do not agree to the changes to the Conditions of Sale, you should contact the Client Advisor Service to stop your interaction with us and refrain from making any orders of Products or Services through the Burdeen’s Channels.
Please note that these Conditions of Sale contain important provisions that may limit or vary your rights and remedies under applicable law or present specific risks, namely; Burdeen’s reserves the right to modify these Conditions of Sale as described above in this clause 1; Burdeen’s reserves the right to modify the Products available for sale under clause 2.2; in the event that a Product is not available for any reason you have the choice to wait until the Product is available or to cancel your order and receive a full refund as described in clause 2.8; if your Product is delivered to you with a defect you will be entitled to certain remedies as described in clause 8; subject to applicable consumer law, Burdeen’s limits its liability to you to the price paid for the Product and excludes its liability for indirect, special and consequential damages as described in clauses 11 and 12; other similarly important terms are highlighted in bold in these Conditions of Sale.
- ORDERING PRODUCTS
2.1. ELIGIBILITY TO PURCHASE PRODUCTS
To be eligible to purchase Products through the Burdeen’s Channels you must be (a) a natural person, (b) have reached the legal age of adulthood of eighteen (18) years old, (c) have legal capacity to enter into contracts, and (d) have a legal shipping address in a country where Burdeens will ship. Legal entities including companies and corporations are not permitted to purchase Products under these Conditions of Sale. If you are under the legal age of adulthood or otherwise cannot lawfully enter into a contract, only your parent or guardian can place an order on your behalf and thus agree to these Conditions of Sale. Any orders made contrary to this provision will be null and void.
By placing an order through the Burdeen’s Channels, you confirm that you are purchasing the Products in good faith and will not purchase, deliver, sell, or otherwise distribute Products for any commercial purpose or commercial benefit. Burdeen’s may refuse the order if it believes, in its sole discretion, that an order would contravene this statement or that you are purchasing Products for resale or are involved in fraudulent or grey market activities. Products may be purchased for yourself or for the benefit of another individual to whom you are making a gift.
2.2. PRODUCT AVAILABILITY
Burdeen’s reserves the right to modify the selection of Products available through the Burdeen’s Channels and may limit the quantity of Products that a Customer can order. All orders placed through the Burdeen’s Channels are subject to availability and acceptance by Burdeen’s.
You will find information regarding Products that are currently available for sale on the dedicated “product” pages of the Website or through our Client Advisor Service.
2.3. CREATING AN ACCOUNT/GUEST CHECKOUT
In order to place an order through the Burdeen’s Channels you must register and create a personal account. You will be required to provide valid and accurate personal information, such as your full legal name, phone number, email address, and to confirm that you have reached the legal age of adulthood.
You can also place an order as a guest without creating an account (using the option ‘Guest Checkout’). You can decide to create your Burdeen’s account later, upon receiving your order confirmation. Such guest account however will not include transactions made prior to the creation of the account.
Once you have completed the registration of your account you will receive an email with a one-time password in order to create a permanent account login and a new password. The personal information you submitted in registering for your online account will be provided to you in a subsequent email. You are responsible for ensuring that your account credentials, including your password are kept secret and secure. Burdeen’s will not be held responsible or liable for the misappropriation or any misuse of your account resulting from a third party's access to and use of your password and account login.
Any change to the conditions or information required to place an order or to open an account will be posted through the Burdeen’s Channels.
You are responsible to inform us of any change in your personal information. Please login to your account and update such information directly on the Website or inform the Client Advisor Service. Should Burdeen’s reasonably suspect that a third party has breached a Customer's account or has misused a Customer account credentials, Burdeen’s will immediately cancel and terminate such account and contact you by other means, for example via email or telephone.
2.4. PROCESSING YOUR ORDERS
When selecting a Product through the Burdeen’s Channels, click on the “add to bag” button to place this product in your shopping bag. You may continue shopping for other Burdeen’s Products and add them to your shopping bag (subject to availability and quantity limits) or proceed to “checkout” by clicking on this button. You may also remove one or several you have selected by selecting “X” next to the chosen product in the shopping bag.
Any inquiries and questions may also be directed via email or telephone to the Client Advisor Service. Written questions and queries may be directed to the Client Advisor Service at the address for Burdeen’s at clause 1.
You may be invited to provide additional personal information when placing an order through the Burdeen’s Channels, such as shipping and/or billing address and payment details. You confirm that all personal information given to Burdeen’s is true and accurate. Burdeen’s or its third-party providers may collect additional information at this time for security and anti-fraud purposes.
Notwithstanding anything to the contrary herein, Burdeen’s reserves the right to refuse, cancel and terminate orders at any moment for a breach of these Conditions of Sale, including payment. Burdeen’s may also refuse, cancel, or suspend an order if there is an ongoing dispute with you concerning the payment of a previous order or where we reasonably suspect that you have participated in fraudulent activities. In the event that Burdeen’s exercises its rights to cancel or terminate an order under this clause 2.4 Burdeen’s will credit back on your payment method any amounts paid by you to date in respect of such cancelled or terminated order. You will not be entitled to any other compensation or remedy in respect of such cancellation or termination by Burdeen’s.
2.5. ORDER VERIFICATION
You are responsible to verify and confirm all details on the payment page before placing your order through the Burdeen’s Channels and authorizing payment. When placing an order through the Client Advisor Service, we will ask you to confirm the details orally and will provide you with a secure payment link for you to authorize payment.
2.6. ORDER CONFIRMATION
Once you have placed your order through Burdeen’s Channels, Burdeen’s will send you an order confirmation by email acknowledging the details of your order. This order confirmation contains an order number assigned by Burdeen’s that you can use for future inquiries regarding your order. This order confirmation message does not constitute acceptance of your order by Burdeen’s, nor does it create a contract between you and Burdeen’s.
Burdeen’s will check the availability of your ordered Product and together with its third-party service providers perform certain anti-fraud, security and related legal checks. Provided these checks are successfully completed, Burdeen’s will send you by email an order approval notifying you that your order is approved and that your selected Product is being prepared for shipment.
Upon shipment of your order, Burdeen’s will send you an email to confirm that your order has been shipped. The shipment confirmation constitutes the acceptance of your order by Burdeen’s and indicates the existence of a binding sales contract. The invoice of your purchase will be attached to this notice in a pdf format.
In the event your ordered Product is not available you may choose to wait until it is available or to cancel your order. If you choose to wait, we will continue to hold the payment authorization and inform you when the Product is available. Alternatively, if you cancel your order, your payment authorization will be cancelled, and any amount taken from your payment method will be promptly refunded to you on this payment method.
In any event if your order is not confirmed your payment authorization will be cancelled and any amount taken from your payment method will be promptly refunded to you on this payment method.
3.1 INFORMATION ABOUT PRICES, TAX AND DELIVERY COSTS
All prices displayed on the product pages of the Burdeen’s Channels are in US dollars and exclude sales taxes, shipping costs and other costs for additional services unless otherwise stated.
The price of the Product, actual delivery costs and applicable taxes will be indicated on the payment page before you are invited to confirm and place your order and will be quoted by the Client Advisor Service in the case of a telephone order.
Burdeen’s reserves the right to change or adapt prices and shipping costs at any time without notice prior to order confirmation. If the price of a Product and shipping costs displayed or quoted through the Burdeen’s Channels changes prior to the order confirmation Burdeen’s will inform you prior to the order being concluded (to take instruction from you as to whether you still wish to proceed with the order). Please note that any price adjustment or change in shipping costs do not affect those orders which have already been confirmed by Burdeen’s in a corresponding order confirmation.
Please also note that changes to applicable law related to sales taxes may occur between the date your order is placed and shipment. We will contact you and ask that you reconfirm your purchase if the resulting change is an increase in the sales tax you are charged.
The price of the Product, the amount of sales taxes and delivery charges displayed on the Burdeen’s Channels or quoted by the Client Advisor Service will be confirmed on your order confirmation email and on your invoice. Please note that Burdeen’s will only send order confirmation messages and the invoice to the person who placed the order, and not to the gift recipient.
3.2 PAYMENT METHODS
3.2.1 STANDARD PAYMENT METHODS
Payment must be made through an approved payment method before order confirmation and the shipment of the Products. The currently supported payment methods include those provided by Visa, Mastercard, American Express, JCB, Discover and PayPal. At the checkout additional payment methods may be available, while certain payment methods may be unavailable. In any event the available supported payments methods are shown to you at the checkout page and are subject to the conditions specified by each payment method provider.
3.2.2 PAYMENT METHODS GENERAL
For all orders you will need to enter your payment details via a secure payment link or secure payment gateway. Your payment method information will be processed by your applicable third-party payment method provider. Please note that Burdeen’s does not store your payment details for your next orders.
All payment methods are subject to verification, validation checks and authorization by the payment method provider. If the payment method provider refuses to authorize payment to Burdeen’s, you will need to contact your payment method provider directly to resolve the issue. If your payment provider refuses to authorize your payment to Burdeen’s, then Burdeen’s will not process your order. Burdeen’s will not be liable for delay or non-delivery of your order in such circumstances.
You also expressly authorize Burdeen’s to perform a payment method check to transmit or to obtain information (including any updated information) about you to or from third parties for the purpose of processing the transaction generated by your payment method, including but not limited to your payment method number, to authenticate your identity, to validate your payment method, to obtain an initial payment method authorization and to authorize individual purchase transactions.
Please note that when you place your order and select your payment method the full amount of your purchase will be authorized initially and then confirmed upon shipment. For some payment methods, the full amount may be confirmed when you place your order. Any such pre-payment will not affect your legal rights under these Conditions of Sale including your right to a refund.
In the event that your ordered Product is not available, or your order is not confirmed, then the provisions of clause 2.7 shall be applicable.
3.3 FINANCING THROUGH A THIRD-PARTY FINANCING COMPANY INDEPENDENT OF BURDEEN’S
At the checkout you will have the option to pay for Products through independent third-party financing. You will be informed of any third-party financing options that are available pursuant to which you may apply to purchase a Product. Note that such companies are independent of Burdeen’s, and Burdeen’s is not affiliated with them.
The third-party financing company determines whether you qualify for the third-party financing service. Hence, Burdeen’s does not know and has no access to the information that you may share with the third-party company in exploring your financing options. Burdeen’s is not responsible for any third-party services that you choose to employ in connection with your Product purchase. Your use of the third-party finance service is subject to the third-party finance company’s terms and conditions.
3.3.1. AFFIRM – THIRD-PARTY FINANCING COMPANY
Affirm is a third-party financing company independent of Burdeen’s that allows its customers to pay for products through financing over a period. The financing options are offered through Affirm, and Burdeen’s is not privy to information shared by you with Affirm when exploring your financing alternatives. Affirm determines whether you qualify for its services. If you decide to pay using Affirm’s services, you will be subject to Affirm’s Terms of Service, which you are encouraged to review.
3.4 TECHNICAL SECURITY
Trade-Ins for watches or jewelry are accepted. Please contact us for an estimate.
- SHIPPING AND DELIVERY
5.1 DELIVERY TIMES
Burdeen’s shall arrange delivery of your Product through its selected logistics provider (the "Logistics Provider"). Burdeen’s will use its best efforts to process your order as soon as possible. The delivery time for express delivery is usually one (1) to three (3) business days from transmission by Burdeen’s of the order approval. Standard delivery can take up to eight (8) days. However, these times are purely indicative as they can vary depending on the ordered Product, and are not binding on Burdeen’s. The delivery schedule will be shown to you at the checkout. These indicative delivery times do not apply to custom or special orders. In such cases, the Client Advisor Service may contact you to agree on other arrangements.
Burdeen’s will deliver orders to addresses in the continental United States, Alaska or Hawaii, Army Post Offices (APOs) and Fleet Post Offices (FPOs), and internationally. Please see our Shipping Policy for details on approved international locations. We are not able to ship to P.O. Boxes, or to any unsecure location where a person cannot sign for the Product.
Orders may be subject to delivery charges, which we will notify you at checkout. Special deliveries may be subject to additional delivery charges.
5.2 COLLECT OPTION
Depending on availability (if any), you may also choose a Burdeen’s Boutique as delivery address (the “Collection Point”) where you can collect the purchased Product (the “Collect Option”).
If you choose the Collect Option, the responsibility for the Products passes to the Customer when the Customer collects the Products ordered at the Collection Point. The Customer will be notified via email once the Products ordered have arrived and are ready for collection at the Collection Point.
Please note that you can collect the Products at the Collection Point within fourteen (14) days from email notification. If the Customer does not collect the Products within this period, the order of the Products is automatically deemed to be cancelled by the Customer. Accordingly, any relevant sales contract is deemed invalid. Therefore, Burdeen’s no longer has any obligation to sell the respective Products to the Customer and any amounts paid by the Customer will be refunded via their chosen payment method. Please note that this cancellation option is in addition to and not a substitute for the right to return Products mentioned in clause 7 below.
5.3 RECEPTION AND VERIFICATION OF THE PRODUCTS
Burdeen’s insures your purchased Product during transit and delivery to you. The responsibility for the Product passes from Burdeen’s to you when the Logistics Provider delivers the Product to you or your designated recipient. An adult’s signature is required to confirm receipt of each Product delivered. If you have specified a recipient of the Product who is not you for delivery purposes (for example when you ordered the Product as a gift) then you understand and accept that evidence of a signature by such recipient (or at that delivery address) is evidence of delivery and fulfilment of the sale contract by Burdeen’s and transfer of responsibility to the recipient in the same way as if the Product had been delivered to you directly.
Your delivery package will contain your purchased Product with any related accessories; the Product manual, an e-Warranty Card, if applicable; the return instructions and the packing slip. We will also include a gift note containing your message if you have requested it at the time of the order.
You are required to verify the quantity and condition of the Products on delivery. Please inform our Logistics Service Provider immediately in case of any apparent breakage or visible defects or damage to the package or to the Product. Please also inform our Client Advisor Service without delay in case of any such defect or damage you or the gift recipient notice on delivery or within seven (7) days of delivery.
For any damage or defect in your Product that you or the gift recipient notice after the above period, you, or the gift recipient, must inform our Client Advisor Service without delay from discovery of the defect or damage.
Failure to inform Burdeen’s in accordance with these timelines may void your right to make a claim under Burdeen’s Warranty Policy.
- RETURNS & EXCHANGES
6.1 RETURN POLICY
Returns, and exchanges are handled on a case-by-case basis. Please contact our Client Advisor Service for further details. Certain fees may apply.
- PRODUCT WITH A DEFECT
Burdeen’s exercises great care to ensure that each Product complies with our strict quality criteria and that it has passed all technical and aesthetic controls. If you receive a damaged Product, contact our Client Advisor Service for direction. Items damaged by wear are not considered defective. Please review our Warranty Policy for further detail.
9.1 JEWELRY REPAIRS
Burdeen’s provides repair services for most jewelry even if the item was not purchased at Burdeen’s. You may either bring your item to the Burdeen’s Boutique nearest you or send in your item via mail. If you choose to send your item via mail, please follow the instructions listed below:
- Contact the Client Advisor Department to initiate the repair process.
- Fill out our Repair Form on Services page.
After we assess, we will email you a free estimate. Upon written acceptance of the repair estimate, we will begin the process of your repair.
9.2 WATCH REPAIRS
We are always happy to repair watches whether they we purchased from Burdeen’s or not. We take care of small adjustments quickly and efficiently from right within our Buffalo Grove Boutique. For these services and all others, we charge a fee calculated based on the effort involved and/or parts required. Upon your request, or if deemed necessary by our Repair Team, we will send your watch to the Manufacturer for repair service. If sending by mail, please:
- Contact the Client Advisor Department to initiate the repair process.
- Fill out our Repair Form on Services page.
After we assess, we will email you a free estimate. Upon written acceptance of the repair estimate, we will begin the process of your repair.
9.3 DECLINED REPAIR ESTIMATES
Declined estimates must be communicated via email or in writing. Your Client Advisor will then advise as to when your item is ready to be returned from Burdeen’s or the manufacturer.
- ACCURACY OF PRICING AND PRODUCT DESCRIPTIONS
While Burdeen’s endeavors to verify the correctness of any information it provides via the Burdeen’s Channels, in advertisement or catalogue or by the Client Advisor Service, Burdeen's makes no warranties, whether express or implied, in relation to the accuracy, reliability and completeness of such information.
Information provided on the Burdeen’s Channels, in our advertisements or catalogues, or obtained from the Client Advisor Service is provided on an “as is” and “as available” basis without any representation or endorsement made, and Burdeen’s makes no warranties of any kind, whether express or implied, in relation to such information, or any transaction that may be conducted on Burdeen’s Channels including the client advisor service including, but not limited to, the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, reasonable care and skill, or non-infringement. In no event will Burdeen’s be liable for damages other than actual direct damages proven in a court of law.
Burdeen’s only confirms the price of a Product with the issuance of an order confirmation. If a Product's correct price is higher than the price shown on the Burdeen’s Channels, Burdeen’s will either contact you for instructions before shipping the order or cancel the order and notify you of such cancellation.
Burdeen’s makes efforts to ensure that the Product descriptions, photographs or graphical representations displayed on the Burdeen’s Channels or in a catalogue are as accurate as possible. Nevertheless, Burdeen’s does not warrant that such materials or other content is error-free, whether as a result of inaccuracy, omission, discontinuance from use or exercise or otherwise.
- LIMITATION OF LIABILITY
Subject to the provisions of consumer protection law and other applicable law that cannot be excluded, limited or modified: (a) we are only liable to you for damages you incur as a direct result of a failure on our behalf. This means that in no event shall Burdeen’s be held liable for (i) indirect, special or consequential damages of any kind arising in connection with Products, their use, their sale or the Burdeen’s Channels, (ii) losses not foreseeable by both parties when a contract was formed between us, (iii) inaccurate or incomplete information provided by Burdeen’s about a third-party service provider, and (iv) services provided by third-parties including the facilitation of payment methods by third-party service providers; (b) without limiting the scope of these Conditions of Sale, no request whatsoever concerning delivered Products, the non-delivery of Products or any other request may exceed the amount of the purchase price of the Products which led to a claim for damages.
Notwithstanding anything else in these Conditions of Sales, certain laws and regulations, including consumer protection law, may impose consumer guarantees, imply warranties or conditions, or impose obligations upon us, which cannot be excluded, limited or modified except to a limited extent. To the extent that such laws and regulations apply, these Conditions of Sales must be read subject to these provisions and nothing in these terms is intended to alter or restrict the operation of such provisions.
- GENERAL PROVISIONS
In the event that certain provisions of these Conditions of Sale are declared void or partially invalid, the other clauses shall remain unaltered in their full force and effect. The invalid provisions shall be replaced by the applicable legal provisions of US local, state or federal law including that which is not provided for in these Conditions of Sale.
These Conditions of Sale constitute the entire agreement between you and us in relation to the order of Products and replace and extinguish all prior agreements or undertakings of any nature made by the parties, whether oral or written, in relation to such subject matter.
The waiver by us of a breach of any provision of these Conditions of Sale will not operate and/or be interpreted as a waiver of any other or subsequent breach.
No oral representation or agreement given by any party shall alter the interpretation of the Conditions of Sale. You confirm that, in agreeing to accept these Conditions of Sale, you have not relied on any representation save insofar as the same has expressly been made a representation in the Conditions of Sale and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of the Conditions of Sale save that your agreement contained in this clause 13 shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of the Conditions of Sale.
This contract is between us and you and/or the recipient of your gift. No other person shall have any rights to enforce any of its terms.
- GOVERNING LAW AND ARBITRATION OF CLAIMS
These Conditions of Sale and, therefore, the agreements entered into with the Customer, are governed by and shall be interpreted in accordance with the laws of the state of Illinois without regard to its conflict of law provisions or choice of law rules. The Conditions of Sale shall not be subject to the United Nations Convention on Contracts for the International Sale of Goods.
Notwithstanding anything to the contrary contained herein, all matters pertaining to the collection of amounts due to Burdeen’s for the sale of Products will be exclusively litigated in court rather than through arbitration.
In the event of any Claim, the prevailing party shall be entitled to additionally recover reasonable legal expenses and costs, including attorney’s fees, from the other party.
Burdeen’s Jewelry, Ltd – December 22, 2022