ABOUT THESE CONDITIONS OF SALE

These conditions of sale apply to any sales of products or services that you may order from Toulouse, a division of Ugly The Mag, North America, LLC. (“jeweler”, “our”, “we”, “us”, “our”, using:

1. The website: www.toulousegemology.com and any associated mobile or digital applications that refer to these conditions of sale (the “Platforms”),

2. by email or phone via our client relations services (the “Client Relations Center), or

3. Pay-by-link at an event outside the Digital boutique (the “Remote Boutique)

(The Platforms, Client Relations Center, and the Remote Boutique, are together referred to as the “Sales Channels”).

Toulouse, a division of Ugly The Mag, North America, LLC. has its registered offices at W4298 County Road Z, Eau Claire, WI 54701 and is an affiliate of Toulouse LLC, which owns and edits the Platforms pursuant to the Terms of Use. If placing an order by the Platforms, you agree to be bound by the Terms of Use, which are incorporated into these Conditions of Sale. In addition, our information collection practices and the ways in which we may use and protect that information, are further set out in our Privacy Policy. By using the Sales Channels and placing orders with Toulouse, you agree to be bound by our Privacy Policy, which is incorporated into these Conditions of Sale by reference.

Please read these Conditions of Sale carefully. These Conditions of Sale are applicable to any order placed through the Sales Channels and include an agreement to arbitrate any disputes on an individual basis. Please note that before placing an order for products or services, you will be asked to agree to these Conditions of Sale. If you do not agree to these Conditions of Sale, then you will not be able to order any products or services through the Sales Channels. Sales concluded in person through physical points of sale (such as event outside of the Digital Boutique) not using Pay-by-link or third parties (such as authorized retailers) are not subject to these Conditions of Sale.

UPDATES TO THESE CONDITIONS OF SALE

We make changes to these Conditions of Sale from time to time, so please check back regularly to keep informed of updates. The latest version of these Conditions of Sale will always be available on the Platforms or upon request. Any new version of these Conditions of Sale shall take effect immediately upon the date of posting and will govern any orders of products or services made as of that date. Any changes to the Conditions of Sale made after you have placed an order will not affect that order and your relationship with us, except as may be required by applicable law.

PURCHASING ELIGIABILITY

Only individuals (and not legal entities) who (a) have reached the age of legal majority required to enter contracts (eighteen in most states); (b) have legal capacity to enter contracts; and (c) where shipping is applicable, have a shipping address in the continental United States of America, Alaska, Hawaii, or the District of Columbia, may order products through the Sales Channels. If you are under the age of legal majority or otherwise cannot lawfully enter a contract, you must have your parent or guardian place an order on your behalf and they will be asked to agree to these Conditions of Sale.

By placing an order through the Sales Channels, you represent and warrant that you are a bona die end-user customer purchasing for your own or another’s personal use and will not deliver, sell, or otherwise distribute our products or purchase our products or services for commercial purposes. Bulk purchases and purchases for resale or prohibited.

PRODUCT AVAILABILITY AND QUANTITY

All orders placed through the Sales Channels are subject to availability and acceptance of such orders by us. Your purchase is not complete until you receive confirmation from us by email or otherwise. Additionally, certain products shown may not be available for sale or delivery in some states. The Client Relations Center can provide more in regards to these products or the availability or other products. For information about the orders process, please refer to our Orders section below.

ORDERS

For orders placed through the Client Relations Center or Remote Boutique, the Jeweler associate will assist you in placing your order and will verbally ask you to confirm the details of your order.

For orders placed through the Platforms, desired products should be placed in the “Shopping Bag” (subject to availability and quantity limits), and you should proceed to “checkout” when ready to purchase. Except for Customer products (as further detailed above), product is not guaranteed as available for purchase until the order is placed and you receive a written Confirmation of Order & Shipment.

We reserve the right, in our sole discretion, to refuse, cancel, or terminate at any time on reasonable grounds. For example, we may refuse, cancel, or terminate your order if there is an ongoing dispute concerning payment of a prior order of if we suspect, in our sole discretion, that you have engaged in (i) fraudulent activities, (ii) the import of product activities which we have not intended; or (iii) have otherwise violated these Conditions of Sale.

PRICES, TAX, & SHIPPING COSTS

All prices shown or quoted by the applicable Sales Channels are in U.S. Dollars unless otherwise stated and exclude sales tax, shipping costs, and other taxes unless otherwise stated. Sales, use of other taxes will vary based on the location to which products are being delivered. You should check updated prices and currency carefully.

Shipping and handling costs, if any, are described in the Shipping Policy below or by the applicable Sales Channels. Shipping and handling costs will only be added to the product price after you have chosen your delivery options and will be summarized before you are asked to confirm and place your order.

We take reasonable care that the prices of products and delivery costs are correct when the relevant information is communicated to you via the Sales Channels. However, it is possible that, despite our reasonable efforts, some of the products offered or shipping and handling costs may be incorrectly priced and/or applicable laws have changed that may impact taxes associated with your order. If any of the products or any delivery costs are incorrectly priced and/or different tax applies, we will contact you as soon as possible to reconfirm the order and new amounts. If we are unable to contact you using the contact details you have provided during the order process, we will cancel the order and notify you in writing. If we mistakenly accept and process your order where a pricing or delivery cost error occurs, we may cancel the order and refund you any sums you have paid.

PAYMENT

We accept the payment methods identified in the order process via the Sales Channels. When ordering, you will nee to provide your payment details through the appropriate Sales Channels. Depending on the means of payment, we may require additional information, including specific forms of identification. All payment card holders are subject to validation check and authorization by the card issuer. If you payment card issuer refuses to authorize payment to us, you will need to contact your card issuer directly to solve this problem.

Other payment methods may also be subject to validation checks and authorization by the payment system providers. You expressly authorize us to perform security checks, where we deem necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your payment card details, to authenticate your identity, validate your payment card, obtain an initial payment card authorization, and authorize individual purchase transactions.

Depending on your payment method, type, and nature of your purchase, your account may be immediately debited during the checkout process, or a hold may be placed on your account for a period of time or until the product is shipped. Please contact the Sales Channels or your payment card provider for more details.

Where we offer you the ability to prepay for your products, either in full or as a partial prepayment, the prepayment will be taken immediately following the placement of your order and submit to the specific requirements communicated by the applicable Sales Channels during the prepayment process. Prepayments (in whole or in part) are non-refundable; however, prepayments shall not impact your legal rights under these Conditions of Sale.

ACKNOWLEDGEMENT OF ORDER

Once your order has been placed through the Sales Channels, you will receive a written Acknowledgement of Order (by e-mail or otherwise confirming the details of your order together with an order reference number.) Please make sure that you save this order reference number for any future enquiries regarding your order. Except for custom products. as outlined above, this Acknowledgment of Order is not an acceptance of your order. To confirm the order, we will conduct our usual credit, anti-fraud, security, and related legal checks and, if acceptable, will then process your order. Upon receipt of the Acknowledgement of Order, it is your responsibility to review it and confirm that it accurately reflects your intended order. If you have any questions or concerns or if the Acknowledgement of Order does not reflect your intentions, you should contact the Client Relations Center or Remote Boutique promptly.

CONFIRMATION OF ORDER AND SHIPMENT

Upon shipment of your order, we will send you a Confirmation of Order & Shipment in writing (by email or otherwise). This Confirmation of Order & Shipment constitutes our acceptance of your order and indicates the existence of a binding sales contract. No agreement for purchase is complete until we send you a Confirmation of Order & Shipment.

SHIPPING POLICY

We accept orders for shipping within the continental United States of America, Alaska, or Hawaii. Please note that we do not ship to certain addresses, such as military, certain restricted areas (such as hotels), pick-up points, or PO Boxes. On occasion, orders made in person via the Remote Boutique may be shipped internationally, submit to further review and confirmation in the Remote Boutiques’s sole discretion. For further information, please contact the Client Relations Center.

If you order several products, we reserve the right to ship the order only once all products are available (there will be no partial shipments unless deemed acceptable by the Sales Channels).

We will use reasonable efforts to ensure delivery by the carrier within the estimated delivery time from the date of your written Confirmation of Order & Shipment except if your purchase relates to a product or service that we have explained to you will take additional time to deliver, for example in the case of products or services that we customize or produce to your specification.

In certain instances, you may be able to choose a specific delivery date if available on the Sales Channels. If this option is provided to you, any such delivery date remains subject to our confirmation.

If delivery of products is delayed, we will inform you as soon as possible and will use reasonable efforts to minimize the delay. Except for customized products, if we do not deliver within thirty (30) days form the date of the written Confirmation of Order & Shipment or any other delivery time as indicated by us, you may contact the Client Relations Center to cancel the relevant order and we will refund any sums you pre-paid for products not delivered.

In any event, your sole remedy for any failure by us to deliver the order to you shall be your right to cancel the relevant order and receive a refund of sums you pre-paid us for any products which you have not received.

When estimating your delivery time, please allow time for credit approval, address verification, security checks and order processing. Please note that delivery is always subject to receiving your full payment.