Terms & Conditions of Sale

These Terms & Conditions of Sale ("Terms of Sale") govern purchases made through Luxury Brand Holdings, Inc. d/b/a Ross-Simons (“Ross-Simons,” “we,” “us,” or “our”) in-store (as applicable), online through the website www.ross-simons.com (the “Site”), and through any other website, mobile application, or online channel through which Ross-Simons offers products for sale. Please read these Terms of Sale carefully before placing an order. These Terms of Sale supplement and incorporate by reference the Ross-Simons Terms of Use, including the arbitration provisions contained therein, as well as the Privacy Policy, Return Policies, Shipping & Delivery Policy, Pricing & Promotions Policy, and any additional terms, policies, disclosures, or conditions presented or made available in connection with a particular product, offer, promotion, order, or transaction. To the extent there is a conflict between these Terms of Sale and any other Ross-Simons terms with respect to a purchase transaction, these Terms of Sale will control with respect to the conflict, unless the applicable additional terms expressly state otherwise. By placing an order, you agree to these Terms of Sale and represent that you have read, understood, and agree to be bound by the version of these Terms of Sale in effect at the time of your order. If you do not agree to these Terms of Sale, do not place an order with Ross-Simons.

Orders and Acceptance

All orders are subject to acceptance and availability. Any electronic or other order confirmation, acknowledgment, or receipt is only an acknowledgment that Ross-Simons received your order and does not constitute acceptance of your order, confirmation of an offer to sell, or confirmation that the price or availability of an item has been confirmed. Ross-Simons reserves the right at any time after receipt of your order to accept, decline, limit, or cancel any order at its discretion, including orders affected by product availability, pricing or other errors, suspected fraud, violations of these Terms or Sale, prior payment disputes, prior apparent fraudulent activity, or other circumstances affecting order fulfillment. Your order will be deemed accepted by Ross-Simons upon delivery of the products that you ordered. Ross-Simons may require additional verification or information before accepting any order. Do not assume that a cancellation or change to an order has been accepted or processed until you receive confirmation from Ross-Simons. If Ross-Simons cancels all or part of an order, limits the quantity ordered, or partially fulfills an order, your sole and exclusive remedy is a refund, credit, or non-charge, as applicable, for the cancelled portion of the order or quantity not provided.

Quantity Limitations

Ross-Simons reserves the right to limit quantities purchased per customer, household, order, account, payment method, billing address, or shipping address, including when orders appear to be placed through multiple accounts, multiple payment methods, multiple billing addresses, multiple shipping addresses, or other means intended to circumvent purchase limits or promotion terms; to supply less than the quantity ordered of any item; to refuse to fulfill all or part of any order; and to prohibit or cancel purchases that appear to be made by dealers, resellers, distributors, or other unauthorized parties, or that Ross-Simons determines are intended for resale, commercial distribution, fraud, misuse, or abuse of promotions, discounts, coupon codes, offers, or other purchase benefits.

Pricing and Availability

We strive to ensure that product descriptions, pricing, promotions, coupon offers, images, references, features, content, information, specifications, product availability, and services are accurate and complete. However, descriptive, typographical, photographic, pricing, promotional, coupon, specification, availability, and other errors, inaccuracies, or omissions may occur. Ross-Simons reserves the right to correct any errors, inaccuracies, or omissions; revoke any stated price; and cancel or refuse any order placed based on incorrect information, including after an order has been submitted, confirmed, accepted, or charged. Ross-Simons has no obligation to sell, provide, or honor any product, price, discount, coupon offer, promotional offer, product description, availability information, or promotional term that is incorrect, inaccurate, expired, unavailable, or displayed in error, even if an order has been submitted, acknowledged, confirmed, accepted, or charged.

Prices, promotions, coupon offers, billing methods, product descriptions, product specifications, and product availability are subject to change at any time without notice. Products displayed may not be available at all times and may be substituted or discontinued at any time. Unless otherwise expressly stated, Ross-Simons does not provide price protection, price adjustments, refunds, credits, or other compensation if a price is reduced, a coupon or discount becomes available, or a promotion is offered after your purchase.

Taxes

Applicable sales, use, value-added, or similar taxes will be added to your order where required by law. Customers are responsible for any sales, use, value-added, duties, customs, import/export, or other governmental taxes, fees, or charges imposed on purchases or international shipments unless otherwise expressly stated. Ross-Simons may automatically charge and withhold applicable tax for orders to be delivered to addresses in states or localities where Ross-Simons determines such collection is required under its order policy in effect at the time of purchase.

International Orders

International shipments may be subject to customs inspections, import restrictions, delays, duties, taxes, and fees imposed by the destination country. Ross-Simons may restrict, refuse, cancel, or decline international orders and may not ship to all jurisdictions. Ross-Simons is not responsible for delays, detention, rejection, non-delivery, or additional charges caused by customs authorities, local authorities, carriers, or governmental agencies. You are responsible for confirming that ordered products may lawfully be imported into and delivered in the destination country. Please review our Shipping & Delivery Policy for more information.

Payment and Verification

Payment must be authorized before an order is processed or shipped. By clicking “Place Order” or otherwise submitting payment information, you represent and warrant that you are authorized to use the payment method provided and authorize Ross-Simons and/or its third-party payment processor to immediately charge your card, account, or other payment method for the total purchase price, including all applicable taxes, shipping and handling fees, surcharges, and other charges disclosed at checkout. All payments must be made using a payment method accepted at the time of purchase by Ross-Simons or its payment services provider, which may include the following payment methods: Visa, Mastercard, Discover, American Express, Affirm, Shopify, and/or Google Pay. Ross-Simons currently does not accept cash, personal checks, business checks, or any other payment form unless expressly made available at checkout. Your card issuer agreement or other payment account terms govern your use of the designated payment method, and you must refer to that agreement, not these Terms of Sale, to determine your rights and liabilities as a cardholder or account holder. If your payment method is declined or no longer available, you authorize Ross-Simons and/or its third-party payment processor to charge any other payment method you have provided or may be authorized for use with your order or account. You will remain responsible for any uncollected amounts. You, and not Ross-Simons, are responsible for paying any unauthorized amounts billed to your payment method by a third party and captured at the point of sale.

Unless otherwise expressly stated, Ross-Simons does not provide price protection or refunds in the event of a price drop, coupon, discount, or other promotional offering after your order is placed. Unless you notify Ross-Simons of any discrepancy within sixty (60) days after it first appears on your payment-method statement, you agree that the charge will be deemed accepted by you for all purposes, to the fullest extent permitted by applicable law. If Ross-Simons does not receive payment from your card issuer, payment account provider, or its agent, you agree to pay all amounts due upon demand by Ross-Simons or its agents.

To protect our customers, certain orders may be subject to additional verification, authorization, or fraud-prevention review prior to acceptance, processing, or shipment. Ross-Simons reserves the right in its sole and absolute discretion to delay, refuse, cancel, or limit any order, including, without limitation, any order that cannot be verified, appears to be unauthorized or fraudulent, is connected with a previous payment dispute or apparent fraudulent activity, is affected by pricing, promotional, coupon, product-availability, specification, or system errors, or otherwise cannot be fulfilled. Ross-Simons may require additional information or verification before accepting or processing any order. If Ross-Simons cancels all or part of an order after payment has been processed, Ross-Simons will issue a credit or refund to the original payment method in the amount actually charged for the cancelled portion of the order or quantity not provided, or Ross-Simons will not charge your payment method for the cancelled portion of the order or quantity not provided. Your sole and exclusive remedy for Ross-Simons’ cancellation of all or part of an order, or provision of less than the quantity ordered, is the applicable credit, refund, or non-charge.

Shipping and Delivery

Shipping and delivery dates are estimates only and are not guaranteed unless expressly stated otherwise. Ross-Simons reserves the right to select or substitute shipping carriers at its discretion. Delivery options presented at checkout may be modified as necessary to facilitate order fulfillment.

Products purchased from Ross-Simons may be delivered by a third-party delivery company pursuant to a shipping contract. Ross-Simons is not responsible for any delays in shipping by the third-party delivery company. Risk of loss and title to products pass to the customer when Ross-Simons delivers the products to the third-party delivery company. Additional information regarding shipping methods, delivery timeframes, and restrictions can be found in our Shipping & Delivery Policy.

Force Majeure

Ross-Simons shall not be responsible or in default for delays or failures in performance, delivery delays, vendor delays, inventory shortages, payment processor disruptions, or delivery becoming impossible resulting from causes beyond its reasonable control, including acts of God, natural disasters, severe weather, war, civil commotion, governmental action, terrorism, fire, storm, flood, explosion, strikes, walkouts, pandemic, public health emergencies, labor disputes, transportation disruptions, supply shortages, utility, service, or transportation interruptions, cyber incidents, failures of third-party service providers, or any other cause beyond Ross-Simons’ reasonable control.

Returns and Exchanges

Returns and exchanges are subject to the Ross-Simons Return Policies in effect at the time of purchase. Certain items, including personalized, engraved, custom, special-order, or final-sale merchandise, may not be eligible for return or exchange, and are nonrefundable unless otherwise required by law or stated in our Return Policies. Ross-Simons does not accept returns from independent retailers, department stores, or other third-party sellers unless expressly stated in our Return Policies. Please review our Return Policies for complete details.

Product Information

We make reasonable efforts to accurately display product information, including descriptions, images, references, features, gemstone characteristics, metal finishes, dimensions, specifications, weights, measurements, colors, availability, and pricing. However, Ross-Simons does not guarantee that any product descriptions, images, pricing, specifications, availability, or other information will be complete, accurate, reliable, current, or error-free.

Because many of our products contain natural gemstones and precious metals, variations in color, clarity, size, weight, and appearance may occur. In addition, product images may appear differently depending on individual screen settings and device displays, and Ross-Simons cannot guarantee that your monitor’s or device’s display of any color will be accurate.

All weights, measurements, and specifications are approximate unless otherwise stated. Gemstone weights, diamond weights, and precious metal weights are approximate and may vary within customary industry tolerances.

Ross-Simons may correct errors and cancel or refuse orders based on inaccurate product information. If a product you purchased from Ross-Simons is not as described, your sole remedy is to return it in unused condition, complete and undamaged, subject to the Return Policies.

Promotions

Promotional offers, discounts, coupon codes, vouchers, gift-with-purchase offers, and other promotions are subject to applicable terms and conditions. Unless otherwise stated, offers are not valid on previously purchased merchandise, gift cards, taxes, shipping, or other excluded items; have no cash value; are non-transferable and cannot be resold; may not be combined with other offers or promotions; and may be limited to one offer per order. Promotions may be accepted only for a limited time and may be modified, suspended, conditioned, or discontinued at any time without notice.

Ross-Simons reserves the right to modify, suspend, impose conditions on, cancel offers, or cancel orders resulting from promotional, coupon, pricing, or system errors. or that Ross-Simons determines involve fraud, misuse, resale, commercial distribution, or abuse of promotions. If you return any item purchased with a discount or other promotional offer, the discount or promotional value may be subtracted from any return credit or refund. Ross-Simons has no obligation for payment of any tax in connection with the distribution or use of any offer, and you are responsible for paying any applicable sales tax related to the use of an offer. Please review our Pricing & Promotions Policy for more details.

Reservation of Rights

Ross-Simons reserves the right to modify these Terms of Sale at any time in its sole discretion. These Terms of Sale, in the form posted or otherwise made available at the time of your purchase or transaction, will govern that purchase or transaction. Changes will apply to orders placed after the revised Terms of Sale are posted. The version of the Terms of Sale in effect at the time an order is placed will govern that order. As Ross-Simons’ business, products, services, sales channels, policies, and operations evolve, Ross-Simons may prospectively modify, supplement, replace, or discontinue these Terms of Sale, any related policies, and any additional terms applicable to particular products, services, offers, promotions, orders, or transactions. Ross-Simons may also cease offering products, services, programs, features, offers, promotions, or sales channels under terms previously made available. Accordingly, each time you place an order or otherwise complete a purchase or transaction with Ross-Simons, you are entering into a new agreement with Ross-Simons on the then-applicable terms and conditions.

Contact Us

If you have questions regarding these Terms of Sale, please contact Ross-Simons Customer Service at 800-835-0919 or customerservice@ross-simons.com or submit a form through our “Contact Us” page on our Site.