Terms & Conditions

Terms and Conditions for Online Sales

THE INFORMATION CONTAINED HEREIN SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE TRANSACTION(S) CONTEMPLATED FOR HEREBY. THESE TERMS REQUIRE THE USE OF ARBITRATION (ON AN INDIVIDUAL BASIS ONLY; I.E., CASE CONSOLIDATIONS AND CLASS-ACTIONS ARE NOT PERMITTED) IN ORDER TO RESOLVE DISPUTES. PLEASE REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ENTERING INTO ANY TRANSACTION HEREUNDER IN ORDER TO CONFIRM YOUR ACCEPTANCE HEREOF. YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE UNLESS AND UNTIL YOU: (A) AGREE TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY; (B) ARE AT LEAST 18 YEARS OLD; AND (C) ARE NOT PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS OR GOODS BY ANY APPLICABLE LAW, RULE, OR REGULATION.

  1. Applicability of Terms and Conditions. These terms and conditions (these "Terms") shall apply to your purchase of products through https://rocknsoulgems.com (the "Site"). These Terms are subject to change at any time without prior written notice by Rock N Soul Gems LLC (referred to herein as either "Company," "we," "us," or "our"). The most recent version of these Terms shall be posted for your review at any time on the Site. Please review these Terms in their entirety prior to engaging in any transaction on the Site. Your continued use of the Site after any posting of updated Terms (which shall be dated as of their most recent update) shall constitute your acceptance of and agreement to any changes therein made.
  2. Online Orders. When placing an order on our Site, you are effectively offering to purchase whatever products you select. We reserve the right to accept or reject any order in our own discretion. We will only accept or reject an order in its entirety. Should we elect to accept your offer, you will receive a confirming email at the email address that you provide at such time. Notwithstanding, we reserve the right to cancel any order once accepted by us (as evidenced by a confirming email) at any time in our sole discretion. Additionally, you have the option of cancelling your order (in its entirety only) at any time prior to our having sent to you the confirming email referenced herein.
  3. Payment Terms. All applicable prices are set forth alongside the goods offered on the Site. They may differ from the prices offered elsewhere (online or offline) by us for the same goods. Such prices are subject to change at any time by us in our sole discretion. Additionally, to the extent that we offer a promotion in connection with any particular item, the terms of such offer shall be set forth in a separate document that shall govern its applicability (and, in the event of a conflict herewith, be considered the governing document). You will be responsible for the prices stated at the time of your transaction, as well as any: (i) sales, use, excise, and related taxes; and (ii) shipping and handling charges. Payment may only be made with a valid credit, debit card, or use of a bona-fide electronic payment provider (i.e., PayPal). By using any such card or payment provider, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.
  4. Third-Party Sites and Information. This Site may contain links to websites controlled by Parties other than Us (each a “Third-Party Site”). We may work with a number of partners and affiliates whose sites are linked with rocknsoulgems.com. We are not responsible for and do not endorse or accept any responsibility for the availability, contents, products, services or use of any Third-Party Site, any website accessed from a Third-Party Site, or any changes or updates to such websites. We make no guarantees about the content or quality of the products or services provided by such websites. We are providing these links to Users only as a convenience, and the inclusion of any link does not imply endorsement by us of the Third-Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on a Third-Party Site and agree that we are not responsible for any loss or damage of any sort you may incur from dealing with a Third Party Site. You should contact the site administrator for the applicable Third-Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.
  5. Payment Processor Terms. Payment processing services for products purchased and paid for by you on our Site are provided by Stripe, Inc. (the “Stripe Services Agreement”). You agree to be bound by the Stripe Services Agreement if you purchase a product on our Site. You also authorize us to share your transaction information related to your use of the payment processing services provided by Stripe.
  6. Shipping Information. Please review our Shipping Policy, which can be found at the following address: SHIPPING POLICY. It is our responsibility to ship your accepted order to you at the address you provide when making the order. You will be responsible for all associated shipping & handling charges. While we agree to use reasonable efforts to meet the shipping and delivery dates provided online, we shall not be responsible for any delays in shipments.
  7. No Returns; As-Is Purchase. All items sold on our website are offered on an "as-is" basis. This means that products are sold in their current condition, without any warranties, guarantees, or representations regarding their quality, fitness, or functionality. All sales are final. We do not accept returns, exchanges, or refunds for any products purchased through our Site. Please carefully review product descriptions, images, and specifications before making a purchase to ensure that the item meets your needs. Please note that we do not guarantee that the information provided is complete or error-free. If you have any questions or require additional details about a product, please contact us before placing your order.
It is your responsibility to thoroughly inspect and assess the product based on the information provided before completing your purchase. By proceeding with the purchase, you acknowledge and accept the item’s condition and agree to the no return policy. In rare cases where an item arrives damaged or significantly differs from the description provided on our website, please contact us within 48 hours of receiving your order. We will review the situation on a case-by-case basis and may offer a resolution at our discretion. Please note that this policy does not constitute a return or exchange but rather an exception for specific issues.
  1. Disclaimers, Privacy Policy and Website Terms of Use. Please review our Disclaimers, Privacy Policy, Shipping Policy, and Website Terms of Use, which can be found at the following addresses respectively: DISCLAIMERS PRIVACY POLICY, SHIPPING POLICY and TERMS OF USE. The Disclaimers governs our limitations of liability to you. The Privacy Policy governs our processing of all personal information that we may collect from any person through the use of our Site. The Shipping Policy governs the shipment of all orders placed through our Site.  The Website Terms of Use governs your use of our Site in general.
  2. Buyer Representations & Warranties (R&Ws); Disclaimers; Limitations on Liability.
    • Buyer's R&Ws. You represent and warrant to us as follows: (i) that you have the right to enter any transaction contemplated for hereby without violating these Terms, any applicable law, rule, or regulation, and/or any agreement with, or rights of, any third party; (ii) that you will use the goods provided hereunder exactly as authorized and never in any way that would violate any applicable law or third party right of any kind; (iii) that you are buying the goods from the Site for solely your own use, and not for resale and/or export; and (iv) you have read the Disclaimers identified in Paragraph 7(b), below.
    • MANUFACTURER'S WARRANTY, COMPANY'S DISCLAIMERS AND LIABILITY CAP. Please review our Disclaimers, which can be found at the following address: [ DISCLAIMERS].
  3. Third-Party Beneficiaries. These Terms are for your sole benefit and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.
  4. Force Majeure. Company shall not be held responsible for delays or non-performance caused by activities or factors beyond its reasonable control, including without limitation, war, weather, strikes, floods, lockouts, fires, acts of God, terrorism, and/or delivery, vendor, supplier, or other third party delays, non-performance, or failures of any kind.
  5. Assignment. Company may assign or otherwise transfer any or all of its rights or obligations hereunder, in whole or in part, to any third party in its sole discretion. You may not assign any of your rights or delegate any of your duties hereunder at any time without our prior written consent in each instance, and any attempt to do so shall be null and void.
  6. Partial Invalidity. In the event that any part or portion of these Terms is deemed to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
  7. Governing Law/Binding Arbitration.
    • Governing Law. These Terms shall be governed by the laws of the State of California without regard to its conflict of laws principles.
    • Binding Arbitration. Subject to subsection (c) below and all applicable laws, you are agreeing to give up: (i) your right to litigate any claims that may arise hereunder in court or before a jury; and (ii) your right to consolidate any claim and/or participate in any class-action claim that may arise hereunder in any manner or forum. Instead, any claim, dispute, or controversy of any kind or nature arising hereunder which cannot be amicably resolved by us shall be solely and finally settled by arbitration administered by JAMS in Sacramento, California in accordance with its commercial arbitration rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place before a single arbitrator sitting in Sacramento, California. The language of the arbitration shall be English. The arbitrator will be bound to adjudicate all disputes in accordance with the laws of the State of California. The decision of the arbitrator shall be in writing with written findings of fact and shall be final and binding on the parties. Each party shall bear all of their/its own costs incurred in connection with any such arbitration proceedings. With respect to any arbitration hereunder, as stated above, you hereby expressly waive any right to consolidate any claim and/or participate in any class-action claim of any kind or nature. This Section 12 provides your sole recourse for the settlement of any disputes arising out of, in connection with, or related to these Terms. If any provision of this clause is found unenforceable, such unenforceable provision will be removed and the remaining terms will be enforced.
    • Small-Claims Option. Notwithstanding the foregoing, you may elect to pursue a breach of warranty claim in small-claims court rather than submit to binding arbitration, but only if you provide us with written notice of your desire to do so within 10 days of your purchase transaction. Any small-claims court proceeding initiated hereunder will be limited solely to your individual dispute; i.e., you are not permitted to file, or participate in, a class action suit in small-claims court with respect to these Terms.
  8. No Waivers. Our failure to enforce any of our rights hereunder will not constitute a waiver of our right to make such enforcement in the future, subject to applicable law.
  9. Notices. We may provide notices hereunder to you by: (i) email; (ii) regular mail; or (iii) posting them on the Site. You shall be responsible for ensuring that you have provided us with your current email and mailing addresses. You can contact us at any time by emailing info@rocknsoulgems.com or mailing to Rock N Soul Gems, P.O. BOX 176, WEST SACRAMENTO, CA 95691.
  10. Entire Agreement. These Terms, along with the confirmation email referenced in Section 2 above, any instructions that we provide you with relating to any product or service you obtain from us through the Site, any terms and conditions that may be provided in connection with any promotion or other sale, and our Site's "Terms of Use" and "Privacy Policy," shall, collectively, be deemed a final and integrated agreement between you and us with respect to the subject matter hereof.