OUR TERMS OF BUSINESS

     
  1. DELIVERY - Orders are shipped by Federal Express, U.S. Post Office, or United Parcel Service.  Gemstone and Jewelry orders are shipped insured and require an adult's signature upon receipt. If you require special delivery services, please request these at the time you place your order.

 

  1. SAFE DELIVERY GUARANTEED - All shipments are sent to you fully Insured and we track the shipment until it is received and signed for.  We normally call you to make sure you received it, but in the case we can't reach you by phone we will email a request to acknowledge receipt of the shipment.  If you receive a box that has visible signs of DAMAGE or TAMPERING, make sure you have the delivery person fill out a damage report and NOTIFY US IMMEDIATELY. We will give specific instructions. We will take care of the insurance claim ONLY if you FOLLOW OUR INSTRUCTIONS.

 

  1. PRODUCT SATISFACTION GUARANTEED* - All items and products featured on our website "www.phoenixgems.com", carry our Full Customer Satisfaction, Money-Back Guarantee*  We want you to be completely thrilled with your purchase, so if you are not absolutely pleased with any item... within Seven (7) days of receipt... simply return the item(s) for a full-refund *See "Guarantee footnotes" below.

 

    1. RETURN REQUIREMENTS - To return merchandise, you must first call us for Return Authorization within Seven (7) days of receipt.  Returns must be received by us within Three (3) business days of the day you first call us for Return Authorization. We recommend you ship via FULLY INSURED U.S. POSTAL OVERNIGHT EXPRESS MAIL**See "Return Shipping and Insurance policy" below  (When an item to be returned is over $5,000.00 in value, Call or e-Mail for special shipping recommendations)Securely fasten items in the container in the same method as sent.  Please include a copy of your original invoice, and your instructions for replacement or refund.

We reserve the right to charge a 10%-25% minimum restocking fee on :
      1. any returned merchandise that has the original gem or jewelry presentation box, storage bag, or special tag damaged, changed, or removed;
      2. any merchandise that was accompanied by a gem and/or jewelry report and the report is missing, damaged, or altered;
      3. any merchandise returned without first obtaining a Return Authorization during the Seven (7) day inspection period.

 

  1. OUT OF STOCK ITEMS - Unless you specify otherwise, we will backorder items that are out of stock, except orders for items that are unable to be filled.  Any time we backorder or can't fill an order, we will advise you.  If paying by check or credit card, your check is not cashed and/or your card is not billed unless your order is able to be filled or is ready to be shipped within 30 days.  If paying by bank wire, you will be advised to withhold payment on backordered items until your order is able to be filled or is ready to be shipped within 30 days.

 

  1. SUBSTITUTIONS - Unless you specify otherwise, we will never substitute anything.

 

  1. JEWELRY - Most of our jewelry is custom made and sized to your specifications.  We can custom manufacture almost any setting you may want, and/or modify most settings in our online catalog with a different diamond or gemstone, other than the stone(s) described and pictured, and the price is adjusted accordingly.  In other words, if you see a setting you love, but want different gemstone(s), we will give you a price and make it to your specifications.  Or, if you have a photo of a setting you love, we will give you a price and make it to your specifications with the gemstone(s) of your choice. We also have several manufacturers which supply us with almost every conceivable mounting for your gemstone purchased as well as solid gold and platinum jewelry. We do not accept returns on custom made or altered jewelry after receiving your approval to proceed in manufacture.  Our jeweler is a JA Certified Master Jeweler with over 15 years experience in building jewelry of all types and styles, and qualified and experienced in setting the finest gemstones, however, we cannot be held responsible for damage to gemstone(s) that you may supply for our use in setting, re-cutting, re-polishing and/or handling.

 

  1. PAYMENT INFO - We accept Visa, Mastercard, or American Express Credit Cards; your personal or business Check; Certified Check or Money Order; or, if you prefer and your order is more than $500 we accept funds via Bank Wire (we charge a $10 fee on your invoice when funds are received via Bank Wire).  Bank Wire is a protection for all parties and almost instantaneous. Call or e-Mail your order and we will give you the Wire Transfer Information and Federal Routing Numbers. Your bank can explain how a wire transfer works. A personal or business check can delay your order anywhere from 10 - 20 days while the check clears the bank.  We'll need payment in full before we send your order. COD ORDERS ARE NOT ACCEPTED!

 

  1. DELIVERY CHARGES - See the Shipping & Handling charges listed on the order form for the item you are ordering or call us at 1-248-674-2657 or International calls to 011-248-674-2657 or FAX 1-612-465-2706.

*3 - Guarantee Footnotes:

Guarantee In General

Our "Full Customer Satisfaction, Money-Back Guarantee" applies to everything we sell, make, or repair, within one (1) year of the date of delivery*  This means we guarantee that such things as our gemstones and diamonds are the type and quality we disclosed, the stones we set won't become loose, and the parts that we made or repaired will not break in the areas in which we worked.
*Exempt Items: we DO NOT guarantee  1) items as noted below such as Custom Made items, Special Orders, Sale items, Estate Items, or As-Is items that are noted as such on a written invoice to the customer; and/or  2) any merchandise that has been damaged, or appears to have been altered, or it appears to be a different item than was originally sent to you, and/or does not match our photographic image in our records, and/or does not match our description of the item.

Refund and Exchange Policy

 1.      We will give a full refund on any stock item in our online catalog only when said item is returned according to our Return Shipping and Insurance Policy as outlined below, and as long as it was not damaged, switched and/or altered from it's original condition, less the shipping/handling charge noted on the invoice, and a processing fee if applicable (see below);

Processing Fees:
a).    We do not charge a processing fee on returns involving credit card, when you call us for Return Authorization within Seven (7) days of receipt of the item(s) and returns are received by us within Three (3) days of the day you first call us for Return Authorization, and item(s) are not damaged and/or altered from it's original condition.  EXCEPTION: 3.5% of the invoiced amount is charged as a processing fee on returns involving credit card sales, in addition to the shipping/handling charge noted on the invoice, whenever you let us know you will be keeping the item(s) during the 7 day period from the date you received the item(s), and you later (but within the 7 day period) request a return authorization.
b).    $20.00 is charged as a processing fee on bank wire sales, in addition to the shipping/handling charge noted on the invoice.
c).    $20.00 is charged on any check which is returned unpaid (bounced check)
d).    We do not charge a processing fee on returns involving personal or business check, cashier's check, or money order.

2.      We will NOT give a refund for any returned item that was returned without first obtaining a Return Authorization according to out Return Requirements as outlined above, or if return is postmarked after seven (7) days of your receipt of the item(s);

a).    In some cases we may give a full or partial in-house store credit toward the purchase of a higher priced item.  If we do, we will require you return the item within Three (3) days of obtaining the return authorization, and the store credit must be used within thirty (30) days of our receipt of the return.

3.      We will NOT exchange, alter, or give a refund for any Custom Made item, Special Order, Sale item, Estate Item, or As-Is item.  Due to their nature all sales are considered Final, except as noted below:.

Custom Made Items

A.      We will NOT exchange, alter, or give a refund for any item listed below :

a).     Cast items from wax, either a showcase wax or hand carved.
b).     Handmade items whether fabricated or cast.
EXCEPTION: In the following cases we may alter or remake the item :
    1).    if the item you received is definitely not a close facsimile to the item we agreed to build as described in drawings, photos, and/or text, and approved by you in a written estimate approved by email,  fax, or postal mail (all verbal and/or written instructions, photos, drawings, and/or descriptions become amendments to the approved estimate),
    2).    and, when a return authorization is requested by you, and given by us, within seven (7) days of your receipt of the item.

Special Order Items

B.      We will NOT exchange or give a refund on any item listed below.  Due to their nature all sales are considered Final :

a).     Items specially ordered from an outside vendor for the customer in a custom size or style.

Sale Items, Estate Items, and As-Is Items

C.      We will NOT exchange or give a refund on any Sale item, Estate Item, or As-Is item.  Due to their nature all sales are considered Final :

a).     Unless the item is definitely not  the item we described in drawings, photos, and/or text;
EXCEPTION: In some cases we may give a full, or partial, in-house store credit toward the purchase of a higher priced item, if we do, we will require you return the item within Three (3) days of obtaining the return authorization, and the store credit must be used within thirty (30) days of our receipt of the return.

 Diamonds & Gemstones

 1.       We DO NOT guarantee that a diamond or gemstone, after the date of delivery, will not chip, break, scratch, or fracture, and as a result become loose and/or fall out.  No stone, including a diamond, can be guaranteed not to break, chip, scratch, or fracture.
We strongly suggest insuring your jewelry with a homeowners type insurance policy that will pay for loss and/or damage to jewelry, should this occur.

2.      If you send us your diamond or gemstone(s), for any reason, we will treat the item with the greatest care possible and maintain safe storage when the item is not undergoing inspection and/or work, however, we can not be held responsible for any damage to, or loss of any customer owned diamonds or gemstones.  If we receive a diamond and/or gemstone that is damaged, chipped, broken, or has large inclusions or imperfections, we will inform the customer and we may require a written acknowledgement on the condition of these items before proceeding with any repair or installation work.


Specific Item Guarantees

Ring Sizing
 1.     All rings sold are GUARANTEED to the size requested*.  However, the customer assumes all responsibility for supplying the correct ring size at the time of purchase.  If the size requested was different from the ring size shipped and it is incorrect, we will resize the customer's ring at NO CHARGE within 7 DAYS from the Date of Delivery.  *If the ring was a Sale Item, Estate Item, and/or an As-Is Item from us, there is an additional $25 minimum charge to resize the ring.

2.      If we size a ring to the customer's requested size and that size is incorrect,  we will charge again to resize the ring. (Example: The customer requests a size 6 and we make it a 6 and it's too loose,  we will charge a minimum of $25 plus insured shipping to resize it.)

3.      We can only guarantee our ring sizing from our standard sizing gauge.   If you send another ring to go by for size, we will do our best to match the size, however, we cannot guarantee it will be accurate, and we will charge a minimum of $25 plus insured shipping to resize the ring if it needs to be resized again.

4. The ring size on a ring will not change, but because a customer's finger can become larger or smaller because of diet, medication, the weather, or weight change, we only guarantee ring sizing for seven (7) days from the date of delivery of the ring.

 Tightening & Checking
 1.      Tightening stones:  We suggest a program of sending us your fine jewelry on a regular basis (according to wear) so we can clean the item, but most importantly check and tighten any loose stones.  We do charge a fee for this service.   We DO NOT warranty against stone loosening, unless we actually re-set the stones in "new" mountings.

2.      "Checking Links" - When asked to "check links" on rivets, chains, bracelets, clasps, etc., we can not guarantee their loss or durability.  Many items can not be checked without taking them completely apart.  This will cause the item to have to be repaired just because of the disassembly.   Many items that are wearing "OK" today may have a problem days or weeks later.   We can only guarantee items that we actually repaired, not ones that we visually inspect.

3.      Re-tipped prongs on stones - It is not our practice to re-tip (repair tips or prongs).  We ONLY guarantee loss of stones on items that we actually re-set the stones in "new" mountings when we deem it necessary to repair the prongs or tips.  If you request a re-tip only, and we agree to perform the work, we DO NOT warranty against stone loss.  We strongly suggest you insure your jewelry with a policy that will pay for loss of stones and/or damage to jewelry, should this occur.

Remake Items
 If you are not satisfied with a Custom Made Item, and within 7 days of the date of delivery you request it remade or altered, and it meets the exception requirements noted in 3. A. b) i) above, we have the option of either altering, remaking, or giving you a full or partial refund on the custom made portion of the item as follows :

1.    There will be no additional charges to alter or remake an item except those that would have been incurred by  the customer in the beginning.  Example: If a customer who spent $400 to have an item made, and the item received is definitely not a close facsimile to the item that was agreed upon to build, and within 7 days of the date of delivery the customer is not totally satisfied and requests an alteration or remake of the item, but it  would have cost $550 to make it the way the customer wants, in the beginning, then the additional charge would be the difference, or a total of $150.00 plus shipping, to alter or remake the item.

2.      After 7 days of the date of delivery, if we agree to alter or remake the item, there will be a charge equal to our  regular labor rates to alter and/or remake a new item.

Gift Items
 1.      If we make or sell something to be used as a gift, and this item is returned by anyone other than the original buyer, and gift falls into one of the following categories,  a refund WILL NOT be issued:
      a).      Cast items from wax
      b).      Items specially ordered for the customer from an outside vendor.
      c).      Handmade items.
      d).      Custom or stock items that have been damaged, altered or switched in any way.

2.       If the item was a Custom made item, we may remake the item for the person receiving at our  regular labor rates to alter and/or remake a new item.  There will be no credit issued for the labor spent to build the initial item.

3.       If the item was specially ordered from an outside vendor in a custom size or style, we will NOT exchange or give a refund on the item.

Repair, Checking & Tightening Policy
Here's our policy on Repairs as well as Checking and Tightening stones.
We CHARGE a fee to do this so that you can minimize an inevitable loss that may occur.
NOTE: Use US Postal Insured shipping when sending items to us (See "Return Shipping and Insurance policy").  We are not responsible for damage or loss to your shipment to us and/or the costs related to return shipping the item to you.  After we complete the work requested we require payment for the work performed as well as for the cost of the Insured shipping method you prefer to have the item returned to you, prior to returning the item to you.
Before a repair, we remove and/or exercise special care with stones that can't take heat, like:

1. CABOCHON STONES;
2. HEAT TREATED GEMSTONES;
3. A RUBY OR GEMSTONE THAT IS:
      a): Cabochon;
      b): Very poor quality;
4. A DIAMOND THAT:
     a). Has visible inclusions to the eye;
     b)  is a treated Diamond;
And gemstones valued by the customer at over $1,000.00.

Whenever we remove a stone to make a repair, we replace the prong mounting with a new one, rather than fatigue the metal by bending it back, so as a result there are additional mounting replacement fees that apply.

Items NOT Guaranteed
 1.      Glued items.
 2.      Enameling
 3.      Lead solders that do not have a special "patch" support.
 4.      Gold or Rhodium plating.
 5.      Loss of any prong set stone that has 3 or less prongs.
 6.      Loss of any round stone over 1/2 carat unless it is set in a six prong gold setting or a four prong Platinum setting.
 7.      Loss of any prong set stone unless it has the following number of prongs.  (Or  unless they are set in Platinum)
 Cut               No of Prongs        Cut              No of Prongs         Cut             No of Prongs
 Round                      4              Princess                4                Heart                       5
 Emerald Cut             4              Marquise                6                Trilliant     Must have "V" prongs
 Oval                         6              Pear shaped           5
 8.      Prong set stones that have thin prongs, missing prongs, or stones that are set crooked, leaving a much shorter prong on one side of the stone than the other.
 9.      Bead setting where the beads are badly worn or some beads are missing or stones that are set crooked, leaving part of the girdle of the stone to be sticking up beyond the surface of the metal.
 10.    Channel setting where either the channel is very thin, torn, not straight across the stones OR there is no support underneath the channels to hold them together.  Example: No cross wires or support to keep the channel from pulling away leaving the stone to loosen up or fall out.
 11.    Bezel setting where the bezel is too thin, torn, or the stone is set crooked and is not all of the stone is held in by the bezel.

Minimum Fees:

  1. $25.00 minimum for Sizing and/or checking and tightening UP TO TEN (10) stones for tightness.
  2. For eleven to twenty (20) stones to be tightened, add an additional $20.00 for tightening.
  3. For twenty-one to thirty-five (21 to 35) stones, add an additional $35.00.
  4. For Thirty-six to fifty (36-50) stones, add an additional $45.00.
  5. Each additional stone over fifty (50), add fifty cents (.50) per stone.
  6. Any stones that fall out while sizing, will be reset at the normal setting charge.
  7. Unless written in advance, we do not guarantee against stone loss or damage.
  8. The $25.00 minimum charge is mandatory, and if the ring is sized more than 2 sizes larger there are additional charges for the gold or platinum.

**Return Shipping and Insurance Policy

Liability for the Safe Return of any merchandise is your responsibilityso please make sure you obtain full coverage insurance that covers loose gemstones and have the parcel FULLY INSURED for the total amount on our invoice.  If you return any merchandise and we do not receive the parcel, we will not honor a refund. (if it arrives with obvious shipping damage we will contact you so you can file a claim with your shipper).
NOTE:  We recommend that you DO NOT return un-mounted gemstones via FedEx or UPS or other shippers unless you check their liability policy to make sure loose gems are insurable, or you have your own insurance coverage for loose gems, since loose gems are not insurable with FedEx and UPS and some other shippers.
Also, If you return any merchandise and we receive it and it appears to have non shipping related damage, or it appears to be in an altered condition, or it appears to be a different item than was originally sent to you, and/or it does not match our photographic image, and/or it does not match our description of the item, we will not honor your refund and will return your merchandise to you (this has never happened before, but we have to say it anyway, so please be assured we stand by our return policies).

Brent E. Smith and Siboney Smith