Terms & Conditions

Terms & Conditions

These Terms and Conditions ("Terms”) govern your use of any websites, electronic and text messages, and social media pages operated, directed by or otherwise maintained by Fanie Marie, LLC, its parent companies, subsidiaries and affiliates (collectively “Fanie Marie” or “we”) that display or link to these Terms (the “Sites”) and any purchases made by you through the Site. You agree to these Terms and to our Privacy Policy by your access or use of the Sites and any of the services offered by Fanie Marie, including your purchase from the Site, whether or not you are a registered user of the Site.

By submitting this form and signing up for texts, you consent to receive marketing text messages (e.g. promos, cart reminders) from Fanie Marie Jewelry at the number provided, including messages sent by autodialer. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency varies. Unsubscribe at any time by replying STOP or clicking the unsubscribe link (where available).

PLEASE NOTE THAT SECTION 26 OF THESE TERMS CONTAINS AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER PROVISION. IT AFFECTS HOW DISPUTES BETWEEN YOU AND FANIE MARIE MAY BE RESOLVED.

Table of Contents

YOUR ACCOUNT

You may be required to create an account and specify a password in order to make purchases or use certain features on the site, including to become a Fanie Marie Insider. You must provide current, truthful and accurate information when creating an account. Please keep your account updated to reflect any changes. One account per person. You must be at least 13 years old to create an account.

You may not share your account with anyone else. If you believe that your account has been compromised at any time, please contact us at faniemarie.service@gmail.com

ORDER CANCELLATIONS

An agreement for Fanie Marie to sell goods to you is made when we accept your order. The description of goods, price, and applicable tax are agreed on between you and Fanie Marie when an order is placed. You are responsible for the charges for transport, packaging, freight, and/or insurance of your order as reflected in the order summary provided upon checkout.

Placement of an order is a binding agreement. Once placed, all orders are considered final and you may not change or cancel them. Fanie Marie reserves the right to cancel any order for any reason whatsoever, including but not limited to unauthorized, altered, or ineligible use of an offer or payment. Fanie Marie reserves the right to modify or cancel a promotion due to system error or unforeseen problems.

SHIPPING AND RETURNS

Shipping Information

Orders placed Monday through Friday (excluding holidays) with Ground Shipping Method will be processed within 1-2 business days once credit card authorization and verification have been obtained, then shipped. Orders placed on Saturdays and Sundays will begin processing the following business day. All customers will receive a confirmation email with tracking information when the order has shipped. Orders submitted before 12PM CST with Next Day or Two-Day shipping methods selected will ship the same business day. Orders placed after 12PM CST or Saturday and Sunday will ship the next business day. Next Day or Two-Day Personalized orders may take an additional business day to process.

All orders are shipped via United Parcel Service (UPS), DHL or FedEx. The following shipping methods are in effect during this time:

Type	Cost	Transit Time
Ground Shipping	$4.95	3-5 Business Days
Ground Shipping on Orders $85+	FREE	3-5 Business Days
2 Day Shipping	$17.95	2 Business Days
Next Day Shipping	24.95	1 Business Day

ALL SHIPPING CHARGES ARE NON-REFUNDABLE. NO EXCEPTIONS.

INTERNATIONAL ORDERS

All orders shipping internationally are subject to additional shipping charges based on taxes, tariffs and duties put into place by that country. Fanie Marie, LLC is not associated with these fees. All fees are to be paid for by the customer at the time of delivery. Most countries calculate shipping charges, taxes, tariffs and duties at checkout and the customer owes nothing additional at delivery.

Shipping Charges

ALL SHIPPING CHARGES ARE NON-REFUNDABLE. NO EXCEPTIONS.

Fanie Marie, LLC PURCHASES MADE ONLINE AND SHIPPED TO HOME

Fanie Marie, LLC provides FREE RETURN SHIPPING for eligible items. A pre-paid, pre-addressed return shipping label will be provided with every qualifying order purchased on the website. Please allow up to 5 business days for your return to be processed. Business days are Monday-Friday except for federal holidays. Return processing begins after your package is delivered to us. For any inquiries concerning returns or exchanges, please contact Customer Service via email at customerservice@faniemariejewelry.com

Orders And Cancellations

An agreement for Fanie Marie, LLC ("Seller") to sell goods to you ("Purchaser") is made when we accept your order. The description of goods, price and applicable tax are agreed on between Purchaser and Seller when order is placed. Seller's charge for transport, packaging, freight and/or insurance will be included in the final invoice upon shipment and is to be borne by Purchaser.

Placement of an order is a binding agreement. Once placed, all orders are considered final and may not be changed or cancelled. Seller reserves the right to cancel any order due to unauthorized, altered, or ineligible use of offer or payment and to modify or cancel this promotion due to system error or unforeseen problems.

Fanie Marie has partnered with Borderfree to provide international shipping to more than 175 countries. Borderfree is a groundbreaking global e-commerce company that allows us to show all our prices in your currency and lets us take advantage of a fast, reliable shipping network. When you place an international order, your transaction will be with Borderfree, but Fanie Marie is happy to assist with customer service needs.

BORDERFREE

Your international purchase is managed and made secure by our partner vendor Borderfree, a technology company that helps U.S. retailers carry out transactions with consumers across the globe.

How to Place an International Order

From the homepage if on a desktop device, click on the country displayed in the bottom right at the end of the page and select your shipping destination and currency. Or, if you are using a mobile device, look for the country to be displayed in the bottom of the navigation menu. After selecting your shipping country and selecting the currency, product prices will be displayed in the currency you selected. If you don’t see your country listed, we don’t currently ship to that destination. For most countries you will see a guaranteed order total that includes shipping costs and any applicable duties and taxes that will be paid at checkout. There are some countries that only offer the option to pay duties and taxes upon delivery. After you place an order, you will receive an email that your order was received, another email when it has been approved, and an email when it has shipped.

All international orders are processed by our international shipping partner, Borderfree. The maximum order value for international shipment is USD $25,000 (does not include duties and taxes).

Shipping Timeline

Once your transaction is complete, Fanie Marie will ship your item to the Borderfree shipping hub in the United States. Borderfree then ships your order to its final international destination. Most in-stock items will arrive 5-15 business days after receipt of your order. You’ll see a more specific shipping range at checkout. Please note that shipping windows are estimates and delivery dates cannot always be guaranteed.

How to Check on the Status of your International Order

To check the status of your international order, please look it up with Borderfree here. Please have your order number and email available. Please reach out to our customer service team if you have any questions, email customerservice@faniemariejewelry.com

Payment Methods

Borderfree supports a variety of payment methods which vary by destination, payment options presented at checkout. You will be charged at the time that your order ships, you will see “Fanie Marie” on your credit card statement.

Please note that Borderfree is unable to support the purchase/redemption of any Gift Cards from Fanie Marie.

Exchange Rates

Foreign exchange rates are determined by Borderfree. They’re based on interbank rates of exchange, which correspond with the average aggregate exchange rates applied in an e-commerce transaction. The exchange rates are updated daily. If exchange rates are updated while you’re shopping, a message appears to let you know. Items purchased are not eligible for price adjustments due to changes in exchange rates.

Duties and Taxes

In general, duties and taxes are determined based on the type of product being shipped, its value, country of origin or manufacturing, and the classification of the item. At checkout, you may be presented with options to either prepay duties and taxes or to pay duties and taxes on delivery. If you select to prepay duties and taxes, the order total presented at checkout is the exact amount you’ll be billed by Borderfree, and there will be no additional costs due upon delivery. If you select to pay duties, taxes, and fees at delivery, payment of these fees is made to the shipping carrier when the order is delivered. If the total charge is not paid at delivery, the merchandise will be returned to Fanie Marie and the customer will not be refunded any of the shipping charges.

International Returns & Exchanges

Fanie Marie provides FREE RETURN SHIPPING on qualified orders for international customers. Any unworn merchandise must be sent back to Fanie Marie within 30 days of receipt of product. Please allow up to 30 business days for your return to be processed. You will receive a refund in the same currency and same exchange rate as your original order. Shipping and handling paid on your original order are not refundable.

To initiate a return, please contact Customer Service via email at customerservice@faniemariejewelry.com

To exchange an item, simply return it and place a new order for the item you want.

GIFT CARDS

Fanie Marie E-Gift Cards cannot be returned or redeemed for cash value, reloaded with additional value, resold or transferred for value, except where required by law. Gift cards cannot be used to purchase other gift cards. Promotions and other special offers may not be used to purchase a gift card. No sales tax will be charged on the purchase of a gift card. Fanie Marie will not replace lost or stolen gift cards without satisfactory proof of purchase. Gift cards cannot be purchased or redeemed outside of the United States.

WARRANTY

Our goal is to provide high quality goods and products. Accordingly, we warrant the goods will meet their specification and will be free from defects in materials and workmanship at the time of delivery. Please unpack and inspect your order immediately upon receipt. Any and all claims must be reported to Fanie Marie within five (5) business days without exception.

Fanie Marie is not responsible for lost or damaged items after an in-store purchase has been made or delivery has been accepted except as otherwise provided in these Terms. International Orders, hats and boots are not eligible for repair.

PROMOTIONS

From time to time, Fanie Marie offers certain promotional discounts, gifts with purchase, buy-one get-one free events, and other promotions. Fanie Marie promotions are available while supplies last and may only be valid for a specified date and timeframe along with additional limitations and exclusions. In the event a promotion code is required, please present the code at checkout.

Fanie Marie reserves the right to alter or cancel any promotion without notice. If, in Fanie Marie´s sole discretion, a promotion is used incorrectly or being abused, Fanie Marie has the right to cancel any orders placed and ban the usage of any further promotional material by such user(s). Only one promotional code per order.

FREE GIFT WRAP

You have the option to receive free gift wrapping on eligible online orders. If selected at checkout, all jewelry items will be gift wrapped. You will also have the option to enter one gift message that will be printed and included with the gift tag.

CONTENT YOU POST

We may provide opportunities for you to post text, photographs, videos, or other content (collectively, "Content") on the Sites for use by Fanie Marie. You acknowledge and agree that you may only post Content if:

• You are at least 18 years old;
• You own all the rights to the Content and are authorized to assign any and all rights in the Content to Fanie Marie;
• The Content does not infringe upon the rights of any third parties, including but not limited to copyright, trademark, trade secret, and publicity rights;
• The Content does not violate these Terms and will not cause injury to any person or entity;
• The Content does not include any information that references other websites, addresses, email addresses, contact information or phone numbers;
• The Content does not contain any computer viruses, worms or other potentially damaging computer programs, files or malware;
• You did not receive any form of compensation or consideration by any third party to post the Content;
• The Content is not or may not be reasonably considered to be false, inaccurate, misleading, defamatory, obscene, indecent, libelous, hateful, unlawfully threatening, unlawfully harassing to any individual or entity, offensive, or otherwise deemed unlawful or inappropriate in Fanie Marie´s sole discretion; and
• You agree to comply with any other requirement as may be provided to you by Fanie Marie.

Any Content that you submit may be used at Fanie Marie´s sole discretion. Fanie Marie reserves the right to accept, reject, remove, refuse, change, condense or delete any Content submitted in its sole discretion and for any reason whatsoever. You will not be able to edit or delete any Content you have submitted. You acknowledge that you, not Fanie Marie subject to any obligation of confidence on the part of Fanie Marie, its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees. If we accept your Content and include it on the Sites, in any event, promotion, program or for any other purpose, we cannot remove it later and you may not request that it be removed.

By uploading, submitting or otherwise posting your Content, you grant Fanie Marie, its agents, licensees, and assigns an irrevocable, perpetual (non-exclusive) right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use your Content as-is or as-edited (with or without using your name, social media handle or pseudonym) in any form or media throughout the world for any purpose, in perpetuity, without limitation, and without additional review, compensation, or approval from you. This license continues even if you stop using our Sites.

You further agree to defend, indemnify, release, and hold Fanie Marie harmless from any and all liability, claims, actions, loss, harm, damage, injury, cost or expense arising out of or related to Fanie Marie´s use of your Content, including, but not limited to, any claim that the use of your Content violates or infringes upon the rights of any third party.

CONTENT POSTED BY OTHERS

We are not responsible for and do not endorse Content posted by any other visitor to the Sites. Accordingly, we may not be held liable, directly or indirectly, for any loss or damage caused to you in connection with any Content posted by another person.

YOUR USE OF THE SITES

You agree not to use the Sites in a way that violates any laws, infringes any individual or entity’s rights, is inappropriate or offensive, or interferes with the Sites or any features on the Sites (including any technological measures we employ to enforce these Terms). If we (in our sole discretion) determine that you have acted inappropriately, we reserve the right to take down Content, terminate your account, prohibit you from using the Sites, and take appropriate legal actions.

You are prohibited from infringing or otherwise violating any third-party rights, including without limitation, third-party intellectual property rights. You acknowledge and agree that using our Sites does not afford you any rights to the content you access. You may not use, copy, edit or distribute content from our Sites unless you obtain prior written approval from us or any third-party owner, or unless you are otherwise permitted by law.

NON-CONFIDENTIAL INFORMATION

We do not accept any unsolicited suggestions – including, but not limited to, suggestions for new products or services, improvements to existing products or services, or marketing ideas – from anyone outside of our company. We may already be working on a similar idea, and this policy eliminates potential conflicts regarding ownership of the concept.

Any materials, information, or ideas you send us or post on the Sites, by any means, will be treated as non-confidential and non-proprietary, and may be disseminated or used by Fanie Marie for any purpose whatsoever.

FANIE MARIE INTELLECTUAL PROPERTY

All trademarks, logos, and service marks displayed on the Sites are registered and unregistered trademarks of Fanie Marie and/or third parties who have authorized their use, and all materials on the Sites are protected by copyright and other intellectual property rights, including but not limited to the photographs, jewelry designs and the Sites, except where explicitly noted otherwise (collectively "Intellectual Property"). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, create derivates of or modify the Intellectual Property in any way. We will enforce our intellectual property rights to the fullest extent of the law, including seeking criminal prosecution, if necessary.

You are prohibited from infringing or otherwise violating Fanie Marie´s rights, including but not limited to Fanie Marie’s Intellectual Property. You acknowledge and agree that using our Sites does not afford you any rights to the content you access. You may not use, copy, edit or distribute content from our Sites unless you obtain prior written approval from us or any third-party owner, or unless you are otherwise permitted by law.

COPYRIGHT PROTECTION

If you believe any Content on the Sites infringes your copyrights, you may request that we remove the Content from the Sites (or disable access to that Content) by contacting our Designated Agent (identified below) and providing the following information pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512 (the "DMCA"):

• Identification of the copyrighted work that you believe to be infringed. Please describe the work and, where possible, include a copy or the location (e.g., URL) of an authorized version of the work.
• Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
• Your name, address, telephone number, and e-mail address.
• A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
• A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury", you are the copyright owner or are authorized to act on the copyright owner’s behalf.
• A signature or the electronic equivalent from the copyright holder or authorized representative.

Send this information to us by mail or e-mail: faniemarie.service@gmail.com

Once the Designated Agent receives a notification as set forth above, it is Fanie Marie’s policy to: (a) review the request; (b) remove or disable access to the infringing Content; (c) notify the provider of the Content that it has removed or disabled access to such Content; and (d) terminate repeat infringers’ access to the Sites.

If you receive a notification of alleged copyright infringement and believe that the claim is erroneous, you may submit a counter-notification to Fanie Marie´s Designated Agent within thirty (30) days of the date the Content was removed from the Sites. A counter-notification must be a written communication that includes substantially the following:

• Identification of the material that has been removed or disabled and its location (e.g., URL);
• Your name, address, telephone number, and e-mail address;
• A statement "under penalty of perjury" that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
• Your signature or the electronic equivalent.

LIABILITY FOR OUR SERVICES

EXCEPT WHERE PROHIBITED, FANIE MARIE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SITES OR ANY THIRD PARTY’S USE OF THE SITES. THESE EXCLUSIONS INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, COMPUTER FAILURE, OR THE VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY, EVEN IF FANIE MARIE HAS BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED.

DISPUTES

You and Fanie Marie agree that any dispute arising out of or in any way related to the Sites, Fanie Marie products, or the services provided by Fanie Marie or its affiliates whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises, including any dispute or claim as to the application, enforceability, scope, or interpretation of this agreement to arbitrate, shall be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief, or statutory damages), and must follow these Terms. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE TERMS, YOU AND FANIE MARIE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.

Arbitration shall be administered by the Judicial Arbitration and Mediation Services, Inc. ("JAMS"), pursuant to the most-current JAMS Streamlined Arbitration Rules & Procedures, and conducted by a single, neutral arbitrator. Arbitration shall take place by phone, unless an in-person hearing is requested by either party. In that case, the hearing shall take place in Travis County, Texas. To the extent this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (the "Minimum Standards"), the Minimum Standards in that regard will apply.

Disputes may also be referred to another arbitration organization if you and Fanie Marie agree in writing, or to an arbitrator appointed pursuant to Section 5 of the Federal Arbitration Act.

We each agree that any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

ADDITIONAL DETAILS

We may modify these Terms at any time, so be sure to check back regularly. By continuing to use or log in to the Sites after these Terms have changed, you indicate your agreement to the revised Terms. If you do not agree to the changes, you should stop using or logging in to the Sites and refrain from any services provided by or at the request of Fanie Marie.

The Sites may contain links to third-party websites. That doesn’t mean that we control or endorse those websites, or any goods or services sold on those websites. Similarly, the Sites may contain ads from third-parties. Fanie Marie does not control or endorse any products being advertised.

When you use the Sites or send communications to Fanie Marie through the Sites, you are communicating with us electronically. Similarly, you consent to receive communications related to your use of the Sites from us electronically. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from Fanie Marie to you shall be deemed delivered and effective when sent to the e-mail address you provide to us.

If you do not comply with these Terms, and we don’t take action right away, that does not constitute a waiver, and we do not give up any rights that we may have (such as taking action in the future).

These Terms are governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws rules. Except as provided in Section 26, you expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms and/or your use of the Sites resides in the courts located in Austin, TX, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. If it turns out that a particular provision in these Terms is not enforceable, that will not affect any other provision.

CUSTOMER SERVICE

For any inquiries, please contact Customer Service via email at faniemarie.service@gmail.com or by phone 866-677-7023 Monday – Friday 8am – 5pm CT and Saturday – Sunday 12pm – 5pm CT.