These Terms and Conditions govern your use of, and any purchase from, Silpada Site, and constitute an agreement between you and Silpada. Silpada reserves the right to change or modify any of these Terms and Conditions or any policy or guideline of the Site at any time, and in its sole discretion. Any change or modification will be effective immediately upon posting of the revisions on the Site. Your continued use of the Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review these Terms and Conditions and any other applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.
Product Availability and Pricing
Sometimes with the volume of orders we receive, an item may go out of stock before we are able to post a notification on the Site. If this happens, we will contact you directly to discuss possible options.
We do not offer post-order price matching when an item's price drops after you buy it. Because they are based on the latest market gem and precious metal values, our prices change regularly. The price you paid when you placed your order was the lowest price we were able to offer at the time. We consistently offer competitive prices on everything we carry because we know low prices are very important to our customers.
Items in your shopping cart and wish list will always reflect the most recent price displayed on the item's product detail page. This price may differ from the price shown for the item when you first placed it in your cart. Placing an item in your cart or wish list doesn't reserve the price shown at that time. It is also possible that an item's price may decrease between the time you place it in your cart and the time you purchase it.
Data, including prices, may be inaccurately displayed on our Site due to system or typographical errors. While we make every attempt to avoid these errors, they may occur. We reserve the right to correct any and all errors when they do occur, and we do not honor inaccurate or erroneous prices. If a product's listed price is lower than its actual price, we will, at our discretion, either contact you for instructions before shipping the product or cancel the order and notify you of such cancellation. If the order has been shipped, you agree to either return the product or pay the difference between the actual and charged prices. Our prices are also subject to change without notice. We apologize for any inconvenience that this may cause. If you have any questions, please do not hesitate to contact us at email@example.com.
We do not negotiate prices on our products and all our prices are final.
If you are not satisfied with your purchase, you may return or exchange it within the first 60 days after delivery for a full refund. Email firstname.lastname@example.org for instructions on returning or exchanging an item. Jewelry that no longer has the tag attached, has been resized, damaged, or otherwise altered after delivery will not be accepted for exchange or return. All jewelry must be returned in new, unworn condition with the tag attached. NOTE: Some special orders are nonreturnable. We will inform you if an item cannot be returned before going ahead with your order. "
To keep our prices low, we do not allow comparison purchasing. Comparison purchasing is the act of buying several items with the intent of keeping the one you like best and returning the remainder. This causes undue restocking and inventory overhead and can be very costly. Your order may be delayed until we are able to contact you. To confirm the quality of a jewelry item, please email us at email@example.com, and we would be happy to help you make your choice.
Information on our Site
At Silpada, we make every attempt to ensure that our online catalog is as accurate and complete as possible. In order to give you the opportunity to view our products in great detail, some products may appear larger or smaller than their actual size in our images; and since every computer monitor is set differently, color and size may vary slightly.
Our objective is to provide you with as much information and detail about your prospective purchase as possible so that you can see the beauty and shape of a particular item. In compliance with industry standards and FTC regulations, Silpada states that carat total weight in all purchases may vary 0.05 carats from stated weight.
On the Silpada Site, we provide the measurement of our products based on our manufacturing specifications. Slight tolerances may be accounted for based on the manufacturing process.
The Site and all content and other materials, including, without limitation, the Silpada 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 Silpada or its licensors or users and are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Use of the Site
You are granted a personal, limited, non-sublicensable license to access and use our Site and electronically copy, (except where prohibited without a license) and print to hard copy portions of our Site Materials for your informational, non-commercial and personal use only. Such license is subject to these Terms and Conditions and does not include: (a) any resale or commercial use of our Site or the Site Materials therein; (b) the collection and use of any product listings, pictures or descriptions for commercial purposes; (c) the distribution, public performance or public display of any Site Materials, (d) modifying or otherwise making any derivative uses of our Site and the Site Materials, or any portion thereof; (e) use of any automated means to access, monitor or interact with any portion of our Site, including through data mining, robots, spiders, scraping, or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of our Site, the Site Materials or any information contained therein, except as expressly permitted on our Site; (g) cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisement, or anything else which minimizes, covers, or frames or inhibits the full display of our Site; (h) use our web sites in any way which interferes with the normal operation of our sites; or (i) any use of our Site or the Site Materials other than for its intended purpose. Any use of our Site or the Site Materials other than as specifically authorized herein, without the prior written permission of Silpada, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms and Conditions shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time.
Third Party Content
Silpada may provide links to Web pages and content of third parties ('Third Party Content') as a service to those interested in this information. Silpada does not monitor or have any control over any Third Party Content or third party Sites. Silpada does not endorse any Third Party Content and can make no guarantee as to its accuracy or completeness. Silpada does not represent or warrant the accuracy of any information contained therein, and undertakes no responsibility to update or review any Third Party Content. Users use these links and Third Party Content contained therein at their own risk.
Advertisements and Promotions
Silpada may run advertisements and promotions from third parties on our Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Silpada, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. Silpada is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non- Silpada advertisers on our Site.
Silpada promotions are not combinable with other promotions or discounts including vouchers and coupons. Please note that Silpada reserves the right to rescind, revoke or terminate our promotions at any time, with or without cause.
You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding this site, Silpada, or our products or services that are provided by you to Silpada are non-confidential and shall become the sole property of Silpada. Silpada will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You grant Silpada and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they 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 violate any rights of or cause injury to any person or entity.
The name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to our Site; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms and Conditions and will not violate any rights of or cause injury to any person or entity.
You agree to defend, indemnify and hold harmless Silpada, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any Content you post, store or otherwise transmit on or through our Site or your use of or inability to use our Site, including without limitation any actual or threatened suit, demand or claim made against Silpada 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 Warranty
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY SILPADA, THIS SITE, THE CONTENT CONTAINED THEREIN AND THE PRODUCTS AND SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE "PRODUCTS AND SERVICES") ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SILPADA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT, AND MATERIALS IN OUR SITE. SILPADA DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN OUR SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. SILPADA DOES NOT REPRESENT OR WARRANT THAT OUR SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
IN NO EVENT SHALL SILPADA, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR SITE, THE PRODUCTS AND SERVICES, OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH OUR SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CASED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM SILPADA, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO SILPADA’S RECORDS, PROGRAMS OR SERVICES.
Applicable Law and Venue
These Terms and Conditions and your use of this site will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, applicable to agreements made and to be entirely performed within the Commonwealth of Massachusetts, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions shall be filed only in the state and federal courts located in Massachusetts and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of your use of this site, any purchase from this site, or these Terms and Conditions.
Modification and Notice
You agree that Silpada 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.
Notwithstanding any of these Terms and Conditions, Silpada 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.
If 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.
All products purchased from us are for your personal use only, and any resale or commercial use of our products is strictly prohibited. Silpada reserves the right to refuse to sell any of its products to anyone who violates these terms.
Questions & Contact Information
If you have any questions, please do not hesitate to contact us at firstname.lastname@example.org.
Beginning June 25, 2020 Silpada is implementing a loyalty program called Shine Rewards (“Program”) through our website www.silpada.com (“Website”) that is open to legal residents of the fifty (50) United States, the District of Columbia and Canada. The Program allows a Sipada account holder to earn and redeem points called “Points” solely for his or her own account. Officers, directors and employees of Silpada are not eligible to participate. THE PROGRAM IS VOID WHERE PROHIBITED BY LAW.
In order to be able to earn and redeem Points you must first register for an account through the Website. If you already have an account on Silpada, sign into your account to begin earning and redeeming points.
Shine Rewards has 3 membership tiers. Your membership tier is determined by the amount you spend on “Qualifying Purchases” (described below) within a rolling 12-month period from the day you sign up for or sign in to the Program. If you reach a certain tier but do not spend the requisite minimum amount during such 12-month period, then your membership tier will be automatically decreased to the corresponding tier based on the amount you actually spent on Qualifying Purchases in that period. Purchases made prior to signing up for the Program or purchased made prior to June 23, 2020 do not qualify towards tier status.
Member: By creating an account through the Website, signing in to your existing Silpada account or performing an action on the site while logged in, you will be automatically enrolled in the Member tier. No purchase is necessary. In addition to earning Points at a rate of 1 point per $1 spent, you qualify for preferred shipping on all orders, celebration gifts and early access to select promotions.
Shine Friend: By spending between $200 and $599.99 on Qualifying Purchases during a 12-month membership period, you will be enrolled in the Shine Friend membership tier. Once enrolled and for so long as such membership tier is maintained, you will earn Points at a rate of 1.25 points per $1 spent and you will qualify for all Member benefits as well as double point days, free accessory offers, early access to new arrivals, and exclusive sales at our sole discretion.
VIP: By spending $600 or more on Qualifying Purchases during a 12-month membership period, you will be enrolled in the VIP membership tier. Once enrolled and for so long as such membership tier is maintained, you will earn Points at a rate of 1.5 points per $1 spent and you will qualify for all Member and Shine Friend benefits as well as get exclusive access to a personal jewelry consultant.
Expiration of Membership Tiers
Membership tiers will automatically adjust 12 months from the date they are met. It is your responsibility to monitor your account and tier status.
Earning Rewards Points Through Qualifying Purchases
When you shop on the Website your account will be credited with an amount of Points based on your current membership tier as follows:
- Members earn 1 Point for every $1.00 spent on any “Eligible Product” that is purchased and not returned ("Qualifying Purchase").
- Shine Friends earn 1.25 Points for every $1.00 spent on Qualifying Purchases.
- VIPs earn 1.5 Points or every $1.00 spent on Qualifying Purchases.
The amount of Points earned from a Qualifying Purchase is calculated based on the subtotal, after all discounts have been applied. You do not earn any Points for amounts spent in connection with applicable taxes and shipping and handling charges. When products are returned for a refund to the original payment method, Points will be deducted from your account for the amount of return, net of taxes, shipping and handling charges.
Points earned will not be recalculated upon moving to a different tier.
“Eligible Products” include merchandise purchased by an individual consumer directly from the Website, and we reserve the right to exclude certain items from being eligible for earning points. Gift cards are not considered Eligible Products. We reserve the right, and you hereby grant us the right, to review account activity for purchase patterns that fall outside the intended use of the Program. We have the sole discretion to determine whether your purchase patterns violate these Terms and, if we make such a determination, then your Points will be forfeited and your account may be suspended or terminated in our sole discretion.
Earning Rewards Points Through Activities
You can earn Points through participating in various activities on the Website. For example, (i) creating your account currently earns you 50 Points, (ii) account holders currently earn a 100 Point bonus on your birthday, (iii) liking us on Facebook currently earns you 15 Points, and (iv) following us on Instagram currently earns you 15 Points.
You can also earn points for referring a friend to Silpada through our Refer a Friend program. For each successful referral (your friend makes a purchase after your referral) you will be credited with $10 worth of points (200 points) to your account.
Redeeming Rewards Points
You can either redeem Points for certain Eligible Products or for discounts that will be applied to the purchase price of Eligible Products.
Redeeming for Eligible Products:
To see all products currently eligible for purchase with Points, visit https://www.silpada.com/l/shine-rewards. Products eligible to be purchased with points can also be found in the cart at https://www.silpada.com/cart. Such product offerings will change from time to time at our discretion. We reserve the right to charge different points for products depending on your Tier status. We reserve the right to substitute a reward item of comparable or greater value in our sole discretion.
Redeeming for Discounts:
- 200 Points can be redeemed for $10.00 off the Qualifying Purchase;
- 400 Points can be redeemed for $20.00 off the Qualifying Purchase;
- 600 Points can be redeemed for $30.00 off the Qualifying Purchase;
- 800 Points can be redeemed for $40.00 off the Qualifying Purchase.
The maximum amount of points you currently can redeem for dollars off is 800 points ($40 off) in a given order.
We reserve the right to exclude points redeemed for discounts from certain products or promotions at our discretion.
Points or applicable rewards cannot be applied to previously purchased products and/or services and are only eligible for future purchases.
Points redeemed for discounts can be combined with other promotions and discounts as well as the redemption of gift cards, but we reserve the right to exclude certain promotions, discounts or redemption of gift cards from being combinable with redeeming points for discounts.
Expiration of Rewards Points
Points earned do not expire unless there are no purchases or redemptions during a 12 month period. If the Program is terminated, all points earned will expire automatically. If your points or the Program is terminated, we will so notify you.
Refer a Friend Program
You can earn additional Points by referring friends to Silpada. For every successful referral, your Shine Rewards account will be credited $10 worth of points (200 points), regardless of tier status. A successful referral is defined as a purchase made by first clicking the referral link sent to your friend.
If you are not a member of Shine Rewards and enter your email address on the Refer a Friend page, you will be automatically opted into Shine Rewards.
Referees will receive a $10 credit towards their first purchase on Silpada. They will not automatically be opted into Shine Rewards.
General Rewards Program Conditions
You agree not to abuse the Program and any social media platforms connected to the Program by conduct which is detrimental to our interests including, without limitation, attempting to accrue Points or redeem Points in a manner inconsistent with these Terms or the intent of these Terms, attempting to earn points through illegitimate channels, participating in redemption fraud, or tampering with the Program or its tools.
We reserve the right at any time to (i) suspend or terminate the Program; (ii) add, modify and/or delete any parts of the Program, the points you can earn in connection with completing any Qualifying Purchases and/or any limitations placed on total points you can earn in connection with any Qualifying Purchases; and (iii) create, add, withdraw, amend, or otherwise change the ways in which you can earn and/or redeem rewards points, at any time at our sole discretion. Rules for earning rewards points may include number of rewards points earned for the activity, number of times reward points can be earned for a particular activity, maximum number of reward points that can be earned, and criteria for earning rewards points. We reserve the right to apply a minimum order value on purchases using Points. We also reserve the right to make activities and rules for the activities available only to select account holders which may be based on purchase activity, geographic location, level of participation, and/or information supplied by you. Any changes we make will be effective immediately upon notice, which we may give by the new Program terms and conditions updated on this page, subject to applicable law. Your participation in the Program after such notice will be deemed acceptance of such changes. It is your responsibility to check back regularly for any updates and changes.
Any Silpada purchases made outside of the Website will not be counted as Points earned. This includes marketplaces such as Amazon, Ebay, Zulily, among others. An order made through an Ambassador on the Website will be counted as Points earned.
Benefits granted to Insiders who are considered grandfathered into Shine Rewards include automatic VIP status for one year from the Program launch date. After that one year, Insiders will automatically be placed in the tier associated with their annual spend. We reserve the right to change or terminate this benefit at our discretion.
You cannot transfer, substitute or redeem Points for cash. Your Points have no cash value. You cannot give or transfer your Points to anyone else. Once you redeem Points for free products, the redemption cannot be reversed and is final. Redemption products purchased using Points cannot be returned to us and no Points will be returned to you if you attempt to return such products to us. Products purchased with points redeemed for dollar discounts off an order can be returned upon receipt of your return to our Tamarac, Florida warehouse. If multiple items were purchased, the amount of points returned to your account will be based on the percent of your order that is returned. For example, if you purchased two items, 1 for $30 and 1 for $20, and used 200 points for $10 off your order, bringing your order to $40 and return the item costing $30, you will receive 120 points back to your account.
By participating in the Program, you (and, if an eligible minor, your parent or legal guardian) agree (i) to release, discharge, indemnify and hold harmless us, our parents, subsidiaries, affiliates, retailers, advertising and promotion agencies, and all of their respective representatives, officers, directors, shareholders, employees and agents (collectively, "Released Parties") from any liability or damages which may arise in connection with your participation in the Program or the acceptance, use, misuse or possession of any rewards points or products attained, achieved or received through this Program.
The Released Parties are not responsible for late, lost, incomplete, delayed, inaccurate, garbled, undelivered, misdirected rewards points, requests, items or other errors or problems of any kind relating to or in connection with the Program, whether printing, typographical, technical, computer, network, human, mechanical, electronic or otherwise, including, without limitation, errors or problems which may occur in connection with the administration of the Program, the tabulating of rewards points, the announcement of the Program or in any Program-related materials. Persons found tampering with or abusing any aspect of the Program, who are acting in a disruptive or unsportsmanlike manner or who are otherwise not in compliance with these Terms as solely determined by us may be removed from the Program and all rewards points will be void. The Released Parties are not responsible for injury or damage to participants' or to any other person's computer related to or resulting from participating in this Program or downloading materials from or use of the Websites.
All questions or disputes regarding the Program including, without limitation, those involving eligibility, participation, fraud and abuse, will be resolved by us.
Your participation in the Program constitutes permission for us and our designees to use your name, biographical information, image, likeness and/or statements about the Program for advertising, trade, promotional and other purposes in any and all media now or hereafter devised, worldwide, in perpetuity, without additional compensation, notification or permission, unless prohibited by law.
We reserve the right to change any terms of the Program at any time, including any material provisions of these terms and conditions, subject to applicable law.
The Program is void to the extent prohibited by law.