Terms and conditions
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. www.probablyfrench.com.
COMPANY INFORMATION-
www.probablyfrench.com (“Website”) is owned and operated by Probably French LLC (hereinafter referred to as “Probably French LLC”). Our registered offices are located at 345 Greenwich St, 2B, New York, NY 10013
Email: info@probablyfrench.com
Hosting Services
Hosting services for this website are provided by squarespace.com
TERMS AND CONDITIONS
ORDERS-
Orders may be placed online at www.probablyfrench.com. Please note that once an order has been placed, we are not able to modify or cancel your order. Probably French LLC reserves the right to refuse sales or cancel orders placed by a customer in violation of the site’s terms or as otherwise determined by Probably French LLC.
All pieces are made to order in New York City. Orders do not go into production without full advance payment by the customer. All orders take approximately 3 - 4 weeks to produce and ship and are shipped as soon as they are complete Should you need your order before that time, it may be possible to rush your order for an additional fee. You can contact us with the request and if this is possible we will provide you with the additional cost and you will be charged accordingly.
Orders placed during the holidays or when there is a high volume of orders can take longer than the allotted time frame. If this is the case we will notify the customer.
Please note that the jewelry images are for visual reference only. The actual product may vary slightly in shape and size from what is pictured. The quantity of diamonds may also slightly vary.
Please note that one-of-a-kind items in your shopping basket are not reserved and may be purchased by other customers.
Once you have made your choice and your order has been placed, you will receive an email confirming the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.
Acceptance of your order and completion of the contract between you and Probably French LLC will be completed when we email you to confirm that the goods have been dispatched. The language of the contract is English.
We reserve the right not to accept your order if, for example, we are unable to obtain authorization for payment, if shipping restrictions apply to a particular item, if the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or if you do not meet the eligibility criteria set out within the Terms and Conditions.
We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Website whether or not that merchandise has been sold; removing, screening or editing any materials or content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
PAYMENT-
Payment can be made with American Express, Visa, MasterCard and any other methods that may be clearly advertised on the Website. Full payment is due before any order is processed and produced.
We take all reasonable care to make our Website secure. All credit card transactions on this Website are processed using Swipe, a secure online payment gateway that encrypts your card details in a secure host environment.
Furthermore, we will take all reasonable care, in so far it is in our power to do so, to keep the details of your order and payment secure, but we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.
SHIPPING-
Domestic shipping is a flat fee through FedEx or UPS. Orders may not be shipped to P.O. Boxes or APO/FPO addresses. We ship internationally via FedEx for an additional fee. Probably French LLC is not responsible for the payment of any duties, taxes or other fees assessed to international shipments and Probably French LLC is not responsible for any delays or other issues that may arise when shipping internationally. Once your order has shipped, you will receive an email with your tracking number. All orders over $1,000 require a signature upon delivery. Please make sure you are available to sign for your order when it is delivered, as you are solely responsible for the acceptance of your order upon delivery. Probably French LLC is not responsible for any lost packages, delayed delivery, or any other issues once your order leaves Probably French LLC. If your order is sent back to Probably French LLC by the shipping company for failure to deliver, you will be required to pay for the re-shipment of your order. Probably French LLC does not accept shipping accounts provided by the customer.
RETURN AND EXCHANGE POLICY:
All fine jewelry is made to order and therefore sales are final. Some items may be exchanged or altered at our discretion within 15 days of purchase. Any approved returns are subject to a 15% restocking fee and alteration fees will be calculated on a case-by-case basis. Please contact for inquiries or more information. Customer is responsible for all shipping costs for returns and exchanges.
CORRECTION OF ERRORS AND INACCURACIES-
We aim to present the most recent, most accurate and most reliable information on the website at all times. However, the information may contain inaccuracies or typographical errors and may not be complete or current. We, therefore, reserve the right to correct any errors, inaccuracies or omissions and to change and update information at any time without prior notice (including after you have submitted your order).
In the event a catalog product is listed at an incorrect price due to typographical error or systems error, Probably French LLC has the right to refuse or cancel any orders placed for product listed at the incorrect price. Probably French LLC has the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.
As these products are handmade, please note that there may be slight variances and imperfections in the construction.
SITE IMAGERY-
Probably French LLC provides images of each item on probablyfrench.com and endeavors to show as much detail as possible. However, viewing images online has its disadvantages as the size and color of the images may vary across digital screens and mobile devices. Model pictures and measurements of select pieces are provided to help visual size.
REPAIRS-
Should you wish to make any alterations to your jewelry, or require a repair, please contact us. Please note that the customer is responsible for the cost of the repair as well as the shipment, unless it is within 30 days of purchase and it has been determined that there is an issue with the product.
PROMOTIONS-
Any promotions offered by Probably French LLC will state the time frame in which they can be used, along with any other limitations or excluded products. Probably French LLC reserves the right to alter or cancel any promotion without notice. If a promotion is used incorrectly or being abused, Probably French LLC has the right to cancel these orders and ban the usage of any further promotional material by such user.
MODIFICATIONS TO SERVICE/TERMINATION-
Probably French LLC reserves the right at any time to modify or discontinue the Service (or any part thereof). You agree that Probably French LLC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. You acknowledge that Probably French LLC reserves the right to deactivate accounts, cancel orders, and/or refuse to accept orders from users that violate the Terms or for such other reason as determined by Probably French.
PROPRIETARY RIGHTS-
You agree not to infringe upon the intellectual property rights of Probably French LLC in any manner. By visiting probablyfrench.com you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site or the Service. You acknowledge that the Site and the Service contains copyrights, trademarks, service marks, or other intellectual property of Probably French LLC. Unless specifically stated otherwise, Probably French owns the copyright to the Site, all images on the Site and on all designs as well as the rights in several trademarks.
Unless otherwise stated, Users should assume that everything they see or read on the Website (such as images, photographs, including any person represented in the photographs, illustrations, icons, texts, video clips, written and other materials) are protected by legislation such as copyright, designs and trademark legislation and under international treaty provisions and national laws worldwide.
Users are not authorised to sell, reproduce, distribute, modify, display, publicly perform, report or otherwise prepare derivative or second hand works based on or use any Probably French LLC material in any way for any public or commercial purposes. Furthermore, Probably French LLC material may not be displayed or communicated on any other web site, in a networked computer environment or other digital support for any purpose whatsoever. In the event of breach of any of these Terms, Users’ permission to use Probably French LLC material will automatically terminate and any copies made of Probably French LLC material must be immediately destroyed. Any unauthorised use of Probably French LLC material may infringe copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
THIRD PARTY SITES-
Your dealings with advertisers or any links or third-party sites found on or through the Service are solely between you and such third-party. Because Probably French LLC has no control over such sites and resources, you acknowledge and agree that Probably French LLC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, materials, advertising, products, promotions or any other activities or events. We suggest that you carefully read the applicable terms and privacy policies of any other site you may visit.
DISCLAIMER OF WARRANTIES-
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. PROBABLY FRENCH LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PROBABLY FRENCH LLC MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PROBABLY FRENCH OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
LIMITATION OF LIABILITY-
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PROBABLY FRENCH LLC SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF ANY FUNDS, TANGIBLE OR INTANGIBLE, LOSS OF PROFITS, GOODWILL, USE, DATA OR ANY OTHER LOSSES RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE USE OR PARTICIPATION IN ANY THIRD PARTY PRODUCT OR SERVICE OR OTHER SITES; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY YOU MAY ACCESS THROUGH THE SERVICE; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE.
Exclusions/Limitations-
Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability so some of the above limitations may not apply to you.
INDEMNITY-
You agree to release, indemnify, defend, and to hold Probably French LLC and its subsidiaries, affiliates, officers, agents, or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs regarding your breach of the Terms and/or any claim or demand made by any third party due to or arising out of your use of the Site or Service or your violation or alleged violation of any rights of another.
AGE POLICY-
Probably French LLC complies with the Children's Online Privacy Act. Our Site (and links that may be available through our Site), are not intended for persons under the age of eighteen (18). We do not knowingly collect information from such persons.
GENERAL INFORMATION-
The Terms constitute the entire agreement between you and Probably French LLC, superseding any other agreements or understandings between you and Probably French LLC. The Terms and the relationship between you and Probably French LLC shall be governed by the laws of the State of New York and you agree to submit to the exclusive jurisdiction of the federal and state courts located in New York, New York. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
For questions regarding these Terms, please email info@probablyfrench.com. Please also review our Privacy Policy.