Terms & Conditions – Malani Jewelers Policies

MalaniJewelers.com Website Terms & Conditions of Service

Effective August 1, 2025

Welcome to Malani Jewelers website, located at www.malanijewelers.com (the Website). These Terms & Conditions of Service (the Terms) represent a binding agreement between you and Malani Jewelers Inc. (the Company or "us"). These Terms, together with the documents expressly incorporated herein by reference, govern your access to and use of this Website, including without limitation with respect to any and all information provided to you, services received by you, and purchases made by you. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE WEBSITE, AS THESE TERMS AFFECT YOUR LEGAL RIGHTS.

1. Acceptance of the Terms

By using the Website, you accept and agree to be bound by the Terms, our Privacy Policy, our Return Policy, and the other legal notices posted on this Website (collectively, Binding Legal Policies and Notices), all of which are incorporated herein by reference and govern your use hereof. If you do not agree to these Terms or to any of the other Binding Legal Policies or Notices, you may not access or use this Website. By using or accessing this Website, you consent to the Terms and to such other Binding Legal Policies and Notices.

2. Changes to Terms

The Company, in its sole discretion, may revise, update, modify, or remove all or any part of these Terms at any time and for any reason. We will notify you of such changes by posting the modified version on our Website and indicating the date it was last modified at the top of the page. All changes are effective immediately and apply to all access to and use of the Website thereafter. Your continued use of the Website after the revised terms are posted means that you accept and agree to the changes. As such, each time you use the Website, you should visit and review the current Terms and other Binding Legal Policies and Notices that apply to your transactions and use of this Website.

3. Use of Website

This Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. If you are under the age of 18, you must not use this Website without the supervision of a parent or guardian. By using this Website, you represent and warrant that you are of legal age, reside within the eligible jurisdiction of the United States, and have the legal capacity to form a binding contract with the Company.

To access certain resources on the Website, including to make a transaction, you may be asked to provide certain personal information in connection with registering an account. You acknowledge and agree that all information you provide to register with this Website or otherwise provide through the Website is accurate, current, and complete. Our use of your information is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

You must treat any username, password, or other information chosen or provided in connection with our secure account registration process as confidential, and you must not disclose it to any other person or entity. You acknowledge and agree that your account is personal to you and that you are responsible for all activity that occurs through your account. If any unauthorized access to or use of your username or password or any other breach of security occurs, you must notify us immediately; however, this notification will not limit your liability for any activity that has occurred through your account prior to our actual notice. We reserve the right to disable any registered account, block access to our Website, or refuse service to you, at any time and for any reason or no reason at our sole discretion, including without limitation if we believe you have violated any provision of these Terms.

4. Intellectual Property Rights

The Company (or an affiliated entity, as applicable) owns all right, title, and interest in and to (i) this Website, (ii) all of the content appearing on this Website, including but not limited to text, design, graphics, images, interfaces, and code, and the selection and arrangement of any of the foregoing (generally, the Content), and (iii) all products displayed on the Website (the Products). The Website, Content, and Products are protected by U.S. and international copyright laws. You may not download, copy, transfer, reproduce, make derivative works from, display, or otherwise use or exploit the Website, Content, or Products for any purpose without first obtaining the prior written consent of the Company. If you wish to make use of any of the materials on the Website for any personal, noncommercial purpose, you may Contact Us for permission. Any and all commercial use, reproduction, or exploitation of the Website, Content, or Products, in whole or in part, is strictly prohibited.

All trademarks, logos, tradenames, and service marks (generally, the Marks) displayed on the Website constitute the registered and unregistered trademarks of the Company and its affiliates or other third parties, and are the property of their respective owners. You may not use or display such Marks without the prior written consent of the Company or respective owner thereof. No right, title, or interest in any of the Content, Products, Marks, or any materials contained on this Website is transferred to you as a result of access, viewing, or using the Website.

5. Unauthorized Use

As a condition of your use of this Website, you represent and warrant that you will not use it for any purpose that is unlawful or prohibited by these Terms. Without limiting the generality of the foregoing, you expressly may not:

• Use the Website in any manner that could damage, disable, overburden, or impair it, or interfere with any other party's use and enjoyment of the Website;
• Use any hardware or software intended to damage or interfere with the proper working of the Website or to surreptitiously intercept any system, data, or personal information from the Website;
• Deploy or use any robot, spider, crawler, scraper, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the Content or material on the Website;
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is hosted, or any server, computer, or database connected to the Website;
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack;
• Use any manual process to monitor or copy any of the Content or material on the Website without the Company's prior written consent;
• Cause the Website or portions of it to be displayed or appear to be displayed on any other website by, for example, framing, deep linking, or in-line linking; and
• Interrupt or attempt to interrupt the operation of the Website in any way.

Gathering contact information from this Website through harvesting or automated means is expressly prohibited. Transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation is also prohibited.

6. Online Transactions

If you wish to purchase any Products or other goods or services through the Website (each, a Transaction), your payment will be processed securely through Shopify, our third-party payment service provider. By submitting your payment information, you agree to Shopify's terms, conditions, and privacy policies, which govern the processing of your payment. We do not collect or store your full credit card details.

You may be asked to provide certain information relevant to your Transaction, including without limitation your name, billing address, shipping address, payment method details, and other identifying information. BY SUBMITTING THIS INFORMATION, YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE THE PAYMENT METHOD PROVIDED. Although we strive to assist with any order-related issues, we are not responsible for errors, delays, or security breaches related to payment processing. If you experience any difficulties with payment authorization or processing, please contact Shopify directly. You are also welcome to Contact Us, and we will do our best to help facilitate a resolution.

Your receipt of a Shopify confirmation or other electronic order confirmation does not constitute our acceptance of your order, nor does it represent a binding commitment to fulfill the order. The Company reserves the right at our sole discretion and at any time after an order is placed, to accept or decline the order, or to limit quantities available for purchase, for any reason or no reason at all. Without limiting the generality of the foregoing, we expressly reserve the right to refuse and cancel any order that appears to be placed in violation of these Terms, that cannot be processed or fulfilled due to inventory or pricing errors, or that is flagged by our third-party fraud detection services as suspicious, high-risk, or potentially fraudulent or unauthorized. We also reserve the right to cancel or refuse any order that, in our sole judgment, appears to be placed by resellers, distributors, or any party attempting to circumvent our standard purchase limits or fraud prevention protocols. If your order is canceled after your payment method has been charged, we will promptly instruct Shopify to issue a refund to the original payment method.

In general, the Company will only ship to the purchaser's billing addresses. In the event you need an item shipped to a different address, you should call the Company at (404) 298-6950. If you are purchasing an item after our business hours, you can send us an email at info@malanijewelers.com and one of our customer service representatives will call you during regular business hours. To make this process faster, please download the form, fill out all the information, and send it to the email address above via fax or a scanned image. The Company reserves the right to withhold your order until the form has been completed to the Company's satisfaction and the Company has otherwise validated the order and delivery address, in its sole discretion.

All orders placed on this site are subject to product availability and will be shipped according to the Company's shipping policies. In the unlikely event that your order does not arrive as scheduled, you must notify the Company immediately, such that notification is received within no more than 5 days of your receipt of the shipping confirmation email.

The inclusion of any Product on the Website does not guarantee that such Product will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) regarding the receipt, possession, use, and sale of any item purchased from this Website. You agree to pay all charges that may be incurred by you or on your behalf through the Website, at the price in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.

7. Product Images and Descriptions

The Company endeavors to accurately describe and display all Products and services on the Website. Despite these efforts, items on the Website occasionally may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating Website information. As a result, we cannot and do not guarantee the accuracy or completeness of any information. All descriptions, images, specifications, prices, availability, and other Content relating to the Products and services described or depicted on the Website are subject to change at any time without notice.

Weights, measures, and other descriptions are approximate and are provided for convenience purposes only. You may call the Company at (404) 298-6950 if you wish to clarify or confirm approximate measurements prior to purchase. The Company reserves the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged.

The Company makes every effort to display Product images and descriptions as accurately as possible. However, the colors, dimensions, and details you see on your screen may vary depending on your device settings and display capabilities. As a result, we cannot guarantee that the Product you receive will look exactly the same as it appears on your screen. Further, many of our items are handcrafted and incorporate natural stones or materials, which inherently feature unique characteristics and subtle variations in color, texture, shape, and symmetry. These natural differences are part of what makes each piece distinctive and should not be considered defects.

We encourage you to review all Product images and descriptions carefully before completing a Transaction. In accordance with our Return Policy, we do not accept returns, exchanges, or refund requests based on natural variations, minor aesthetic differences, or perceived discrepancies between the Product and its online representation.

8. Third-Party Sites

For your convenience, we may provide links or references to other websites that may be of interest to you. The Company does not control or endorse such websites, or the ideas, opinions, products, or services offered on such third-party sites. We are not responsible for their content, do not make any representation or warranty with respect to those sites or the content on those sites, and are not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained therein. These Terms apply only to this Website. Please read the terms and conditions or terms of use policies of any other company or website you may link to from this Website.

9. Warranty Disclaimers

Your use of this Website is at your own risk. We do not guarantee or warrant that the use of the Website will be uninterrupted or error-free, or that the Website, its servers, or any Content is free from viruses or other destructive code or harmful components. You are solely responsible for implementing sufficient procedures, antivirus software, and other technical safeguards to satisfy your particular requirements for anti-virus protection and accuracy of data input and output. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, MALWARE, DESTRUCTIVE CODE OR COMPONENTS, OR ANY OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, YOUR COPYING OR DOWNLOADING OF ANY MATERIAL POSTED ON THE WEBSITE, OR YOUR CLICKING ON ANY THIRD-PARTY SITES LINKED FROM THE WEBSITE.

YOUR USE OF THE WEBSITE, THE CONTENT, AND ANY PRODUCTS, SERVICES, OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, THE CONTENT, AND ANY PRODUCTS, SERVICES, OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, NON-INFRINGEMENT, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR ITS CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, THE CONTENT, OR ANY PRODUCTS, SERVICES, OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY PRODUCTS, SERVICES, OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

10. Limitation of Liability

IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS, OWNERS, OR DIRECTORS, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE, ANY INFORMATION OR CONTENT ON THE WEBSITE (INCLUDING YOUR RELIANCE THEREON), OR ANY PRODUCTS, SERVICES, OR ITEMS VIEWED OR OBTAINED THROUGH THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND/OR EVEN IF THE COMPANY HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH CLAIM. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

11. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its affiliates, and their respective officers, directors, employees, owners, agents, representatives, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including court costs and attorneys' fees) arising out of or relating to (a) your violation of these Terms, (b) your use of the Website or any information obtained therein, and (c) any unauthorized use or misappropriation of the Company's proprietary and intellectual property rights, including without limitation any commercial or other unauthorized use of the Content, Products, and/or Marks.

12. In-Store Pricing Policy

The selection and prices of Products on the Website differ from what is made available in the Company's showrooms and brick & mortar stores. Prices listed on this Website, as well as any online sales online coupon codes, or other online promotions, apply only to online Transactions and will not be applicable to in-store purchases. All prices, discounts, sales, and special offers are subject to change at any time.

13. Real Time Inventory Status

We advise all our customers to call us (404-298-6950) before purchase to confirm the real-time inventory status of any Product in question. Our inventory is also displayed in our showrooms and stores, and there may be delays in updating the Website if a Product is sold in-store; as such, it is possible that the Product you have selected on the Website might not be available anymore. In the event a Product you have purchased from us has already been sold in one of our showrooms or in-store locations, we will contact you within three business days to discuss your options or offer a refund.

14. Text Message Communications

By providing your mobile phone number at checkout or through other Website features, you may have the option to opt in to receive text message communications from us. These messages may include updates regarding your order, customer service responses, promotional offers, marketing messages, or other communications designed to enhance your shopping experience. Message and data rates may apply. Frequency of messages may vary. Participation is entirely voluntary, and you may opt out at any time by following the instructions provided in the messages (e.g., replying "STOP"). For more information on how your information is used and your rights relating to text communications, please refer to our Privacy Policy.

15. Refund Policy

All Transactions are subject to our Refund Policy, which is incorporated herein by this reference and constitutes an integral part of these Terms. In addition to the terms set forth therein, the following additional terms apply.

Diamond 15-Day Money-Back Guarantee. Certain Products containing diamond items may be identified as part of our "15-Day Money-Back Guarantee" promotional category. Products in this promotional category (and no other products) may be returned within 15 days of receipt. The Product must be in new and unworn condition. This policy applies to online sales only. You must email the Company to receive an RMA (Return Merchandise Authorization) code before shipping the Product back to us. Follow the RMA instructions provided to you regarding shipping protocol. You will be responsible for all return shipping charges, and you bear the risk of any loss of or damage to the Product in transit, until it is back in the Company's possession. As such, you may wish to purchase shipping insurance or take other precautions. In the event any sizing or alteration has been made to the Product, the Product is considered Final Sale, this policy is superseded, and no return will be authorized or accepted. If the refund is authorize, it may take 5 to 7 business days or longer to appear on your account. Please email us at info@malanijewelers.com for additional details.

Diamond/Stone Bond Limited Guarantee. In order to be eligible for the Diamond/Stone Bond Limited Guarantee, the Product must be brought to our showroom for a professional cleaning and inspection once every quarter (free if brought in by the original purchaser), and your Diamond Certificate of Authenticity will be validated by a Malani Jewelers Manager/Sales Professional. If your Malani Diamond is lost from its original mounting, you may return the mounting along with the Certificate of Authenticity to any showroom location for a replacement (up to 0.10ct). Coverage extends only to your Malani Diamond Jewelry purchase in its original setting. Coverage is voided and the Company will not provide a replacement if there is any evidence of tampering, damage, DIY repairs, unusual use or stress to the Product outside of normal wear or tear, or any other attempt to have the original setting altered, modified, or repaired other than through a Malani showroom location. Diamonds above Your personal insurance company should be responsible for replacement of any diamonds of 0.10ct and up.

These Terms and the Refund Policy should be construed as compatible whenever reasonably feasible; provided, however, that in the event of an irreconcilable conflict, solely with respect to matters regarding refunds, returns, and exchanges, the terms of the Refund Policy as then in effect shall control.

16. Severability

If any of the provisions of these Terms are deemed unlawful or for any reason unenforceable, whether in whole or in part, the same shall be inoperative only to the extent necessary to achieve compliance with applicable law and shall not affect the remaining Terms, which shall be given full effect, without regard to the invalid portion.

17. Governing Law; Dispute Resolution; Remedies

Any disputes, actions, or proceedings relating to these Terms, the Privacy Policy, and/or the other Binding Legal Policies or Notices, or to your access to or use of this Website, or to any Product or Transaction hereunder, will be governed by the laws of the State of Georgia, regardless of your location, and without regard to its conflict of law rules, and must be brought in the federal or state courts in the State of Georgia. By using this Website, you irrevocably consent to the exclusive jurisdiction and venue of those courts.

You agree that our remedy at law for any actual or threatened breach of these Terms would be inadequate, and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including without limitation attorneys' fees. No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages, injunctive relief, attorneys' fees, and expenses.

18. No Waiver

No failure of the Company to enforce any of its rights under these Terms will act as a waiver of such rights.

19. Privacy Policy

Please review our Privacy Policy for information on how we collect, use, disclose, and otherwise manage personal information we collect on the Website, and the measures we take to safeguard the information. By continuing to use this Website, you are agreeing to the terms of our Privacy Policy in its then-current form.

20. Contact Information

Please feel free to contact us with any questions you might have regarding these Terms. You may send us an email at info@malanijewelers.com or call us at (404) 298-6950.