Terms & Conditions

General Information

Wish Upon a Pearl® (www.wishuponapearl.com) owns and operates this website. Access to and use of this website and the products available through this website are subject to terms and conditions. By using this website, you are agreeing to all of the terms of service and these terms may be updated from time to time. You should check this page regularly and take note of any changes that have been made to the terms and conditions.

Access to this page is permitted on a temporary basis, and we reserve the right to withdraw or amend the products without notice. We will not be liable for any reason this website may become unavailable for any period of time. This website may contain links to other websites which are not operated by wishuponapearl.com. Wish Upon a Pearl has no control over linked sites and accepts no responsibility for them or any loss or damage that may result from your use of them. Your use of the linked sites will be subject to the terms of use and service contained in each individual site.

Privacy

Wish Upon a Pearl does not share or sell personal information provided to us. By using this website, you warrant that all information you provide is accurate. We will not be held responsible for any inaccurate information provided to us.

If you create an account on our website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. Wish Upon a Pearl and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Misuse of Website

You must not misuse this website in any way. You will not commit or encourage a criminal offense, transmit or distribute a virus, trojan, worm, or any other material that is malicious. You will not hack into any aspect of our service or corrupt any data within our website. Breaching any part of these terms will constitute a criminal offense and Wish Upon a Pearl will report any such breach to relevant law enforcement authorities and disclose your identity to them.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer or equipment due to the use of this website or downloading any material posted to it or any website linked to it.

Reviews, Comments, Emails, and Other Content

Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Wish Upon a Pearl reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Wish Upon a Pearl and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Wish Upon a Pearl and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify Wish Upon a Pearl or its associates for all claims resulting from content you supply. Wish Upon a Pearl has the right but not the obligation to monitor and edit or remove any activity or content. Wish Upon a Pearl takes no responsibility and assumes no liability for any content posted by you or any third party.

Intellectual Property, Software, and Content

The intellectual property rights in all software and content (including photographic images) made available to you on or through this website remains the property of wishuponapearl.com or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by wishuponapearl.com and its licensors. You may store, print, and display the content solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this website nor may you use any such content in connection with any business or commercial enterprise.

Wish Upon a Pearl’s trademarks and trade dress may not be used in connection with any product or service that is not Wish Upon a Pearl’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Wish Upon a Pearl. All other trademarks not owned by Wish Upon a Pearl or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Wish Upon a Pearl or its subsidiaries.

Terms of Sale

By placing an order on wishuponapearl.com, you are offering to purchase our product and all products are subject to terms and conditions. All orders are subject to availability and confirmation of order price. Shipping and handling times may vary according to availability of the product and can also be affected by delays in the postal service or force majeure in which we cannot be held responsible. All items purchased from Wish Upon a Pearl are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

In order to place an order with wishuponapearl.com, you must be over 18 years of age and possess a valid credit or debit card. Wish Upon a Pearl retains the right to refuse any request made by you. When placing an order, you are confirming that all information provided by you is true and accurate and that you are an authorized user of the card you are paying with. All prices advertised are subject to change without notice.

When you place an order, you will receive an acknowledgement of receipt of that order. This does not mean we have accepted your order. Acceptance of your order occurs upon shipping your order to you.

Disclaimer of Liability

While we try our best to ensure all information on this website is accurate, errors may occur. If we discover an error in pricing or availability of an item you have ordered, we will inform you of this as quickly as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will cancel your order. If the order is cancelled, you will receive a full refund for the products ordered.

Product Descriptions

Wish Upon a Pearl and its associates attempt to be as accurate as possible. However, Wish Upon a Pearl does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Wish Upon a Pearl itself is not as described, your sole remedy is to return it in unused condition.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY WISH UPON A PEARL ON AN “AS IS” AND “AS AVAILABLE” BASIS. WISH UPON A PEARL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WISH UPON A PEARL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WISH UPON A PEARL DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM WISH UPON A PEARL ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WISH UPON A PEARL WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Delivery

Shipping charges will be charged in addition to the cost of the actual product. Your total cost will reflect the cost of all products and your shipping costs. You will have multiple options for shipping including Flat Rate, Priority, and options with signature requirements.

Linking to Home Page

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This website must not be framed on any other site. We reserve the right to withdraw linking permission without notice.

Indemnity

You agree to indemnify, defend, and hold harmless wishuponapearl.com and its owner from any and all third party claims, liability, damages, and/or other costs (including, but not limited to, legal fees) arising from your use of this website or your breach of the Terms and Conditions.

Variation

wishuponapearl.com shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the products and services and/or any page of this website.

Limited Warranty Information

Wish Upon a Pearl’s limited warranty covers any defects in material/workmanship and any issues with pearls and/or zircon stones loosening under normal use within the first 90 days from the date of shipment. As long as we are made aware of the defect within the 90 day warranty period, Wish Upon a Pearl will repair or replace the defective product. We cannot guarantee pearl color if the pearl needs to be replaced nor can we guarantee that the same product will still be available. In the event the product is no longer available, we will provide you with a credit to be used in our online store (www.wishuponapearl.com) equal to the amount paid for the original product only.

This limited warranty does not cover loss or damage that is not caused by a defect in material/workmanship and the warranty will be voided if someone outside of Wish Upon a Pearl has performed any kind of work on the product purchased. This limited warranty only covers items purchased from www.wishuponapearl.com.

If you have a qualifying product that needs to be submitted for repair or replacement or if you have questions on our limited warranty, please email us at support@wishuponapearl.com.

Setting Process Information

Wish Upon a Pearl takes all precautions necessary when setting pearls, however, pearls are very fragile gemstones and there is always a possibility that a pearl can crack, break, or get otherwise damaged during the setting process. Wish Upon a Pearl cannot be held liable for any damage that occurs during the setting process for any pearl. If damage occurs during the setting process, Wish Upon a Pearl will offer a replacement pearl for the setting at no additional cost. While we will do our best to replace the pearl with a similar pearl, we cannot guarantee it will be the same size, color, etc. Should an issue occur during the setting process, Wish Upon a Pearl will provide pearl options to you and the replacement pearl(s) must be agreed upon by both parties (customer and Wish Upon a Pearl) prior to completing the setting.

Questions or Complaints

We do our best to make every customer happy and will try to resolve any issues if they are to arise. Please contact us with any complaints, questions, or comments at support@wishuponapearl.com.

Entire Agreement

The above Terms and Conditions constitute the entire agreement of all parties and supersede any and all preceding and contemporaneous agreements between you and wishuponapearl.com. Any waiver of any provision of the Terms and Conditions will be effective only if in writing and signed by the owner of wishuponapearl.com.