Terms & Conditions
These terms and conditions (“Agreement”) apply to your purchase of jewelry (“Product”) from Susanne Toby LLC d/b/a Toby. These terms and conditions of sale apply to all purchases, including internet, telephone, or face to face purchases. By placing an order and/or accepting delivery of Product, you accept and are bound to the terms and conditions of this Agreement. This Agreement may not be altered, supplemented, or amended by the use of a purchase order or any other document unless otherwise agreed to in a written agreement signed by both you and Toby.
Toby accepts the following credit cards: Visa, Mastercard, American Express & Discover
Orders placed do not constitute a legal contract until TOBY ships the Product. Terms of payment are within TOBY’s sole discretion, and unless otherwise agreed to by TOBY, payment must be received by TOBY prior to TOBY’s acceptance of an order. Payment for the Product may be made by credit card, wire transfer, or some other prearranged payment method. If payment is made by credit card, acceptance of orders is subject to credit card verification procedures. We reserve the right to cancel an order if it does not meet our credit card verification standards. If payment is made by personal check, Product will not be shipped until the check clears. Your order is subject to cancellation by TOBY, at TOBY’s sole discretion. TOBY is not responsible for pricing, typographical, or other errors, in any offer by TOBY and TOBY reserves the right to cancel any orders resulting from such errors.
- All prices and availability are subject to change without notice.
- Occasionally, we may have just sold an item which you ordered, and have not had time to take it off our site (or it may have been in your persistent shopping cart). We apologize for any disappointment, but we will reach you to see if you would like a substitution, special order, or just a cancellation.
Signature Required For Delivery
- If your delivery is over $100 we require a signature for delivery. This is regardless of any waivers you may have with any shipping company (FedEx, UPS, etc.) These requirements are for your protection and will not be waived by TOBY.
- Since jewelry is often given for engagements or other special occasions, we will be extremely flexible to help you create a wonderful surprise. We can expedite your delivery for a fast approaching special occasion or we can ship your order to an address other than your home to help you maintain your surprise.
Shipping Charges; Title; Risk of Loss; Taxes
Shipping and handling within the United States are included unless otherwise expressly indicated at the time of sale. Title to Product passes from TOBY to you upon shipment from TOBY’s facility. Loss or damage that occurs during shipping by a carrier selected by TOBY is TOBY’s responsibility, HOWEVER, TOBY will not be responsible for any physical damage to any shipment if it is not inspected at the time of delivery and damages or suspected damages are not clearly noted on the carrier’s paperwork at the time of delivery. Loss or damage that occurs during shipping by any carrier selected by you is your responsibility. You must notify TOBY within 5 days of the date of your purchase if you believe any part of your purchase is missing, wrong or damaged. Any quoted shipping dates are estimates only.
We at TOBY want you to be satisfied with your purchase. Therefore, you may elect to return or exchange your TOBY jewelry within 7 business days after you receive your product and we will issue a refund minus the shipping charges. Please note that items showing signs of wear or those that have been engraved, altered, resized or damaged in any way cannot be accepted for return.
To return jewelry to Toby, please follow the subsequent directions:
- Email our customer service department at email@example.com and you will be given a Return Authorization Number (a return can not be processed without obtaining a RA number first)
- Package your item securely including all original packing and collateral items. Include your name, address, phone number and email address.Insurance is the responsibility of the individual.
- Ship your package via US Postal Service Registered mail insured for the total value of the contents. Also, request a return receipt for confirmation that your shipment has reached TOBY
- All authorized returns should be sent to:Toby
PO Box 1182
Huntingdon Valley, PA 19006
- Please follow these instructions exactly, failure to do so will prevent the processing of your return
- Please allow 7 business days for the processing of your return or exchange from the date we receive your package. Additionally, refunds on your credit card may take an additional 3 -5 business days to appear on your credit record as your banking institution may require additional days to process and post the transaction to your account once the information is received from TOBY
When you place a special order, you have committed to the item. Please note that special orders are outside the scope of regular designed production and are both non-refundable and non-exchangeable from the time the order is placed. Special Orders may be canceled only within 48 hours of being placed
All repairs related to the craftsmanship of TOBY jewelry are fully guaranteed for three years.
- Please contact us at firstname.lastname@example.org if an item needs repair.
- All Repairs should be mailed to:Toby
PO Box 1182
Huntingdon Valley, PA 19006
- All items returned for repair must comply with all of the terms of the return policy described above, including obtaining a prior Return Authorization Number and insuring the items returned for repair. All items must be returned via USPS. FedEx and UPS not excepted.
Please note that the following additional terms and conditions apply to all international orders:
- The order recipient is the importer of record and must comply with all laws, regulations and restrictions of the destination country.
- Prices and shipping fees do not include brokerage fees, import and customs duties, Value Added Taxes (“VAT”), tariffs, and other fees that may be levied by the destination country, all of which are the responsibility of the purchaser. All costs incurred on a refused delivery because of high custom or brokerage fees, duties, taxes or restrictions imposed by the country of destination are the responsibility of the purchaser.
- TOBY does not ship to the following countries with high fraud histories: Belarus, Columbia, Egypt, Korea, Malaysia, Singapore, Romania, Russia, Indonesia and Taiwan. This list is subject to change without notice.
- All international orders regardless of payment method are subject to order verification.
- For product returns, the purchaser is the exporter from the destination country and is responsible for compliance with all laws, regulations and restrictions of the destination country. Title and risk of loss transfer to TOBY upon TOBY’s receipt of the returned product. All costs of return must be prepaid by the purchaser.
International Shipping Fees
Limitation of Liability
ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT ARE DISCLAIMED BY TOBY. TOBY DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, OR LOSS OF BUSINESS. EXCEPT AS EXPRESSLY PROVIDED HEREIN, TOBY WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, TOBY IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT PAID FOR THE APPLICABLE PRODUCT.
The parties agree that this Agreement, any sales thereunder, or any claim, dispute or controversy (whether in contract, tort, or otherwise, whether preexisting, present or future, and including statutory, common law, and equitable claims) between you and TOBY arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement, TOBY’s advertising, or TOBY’s website shall be governed by the laws of the state of Illinois, U.S.A., without regard to conflicts of laws rules. Any actions, regardless of form, arising out of your transaction with TOBY or the Product must be brought within the applicable statutory period, but in no event more than one year from the date of purchase of Product.