Terms of service
OVERVIEW
The Terms of Service (“Terms”) apply to all services provided by CH Premier Jewelers (“CH Premier,” “we,” “us,” “our”) and all websites, portals, and pages owned or operated by CH Premier, including those accessible through the domain and subdomains: https://chpremier.com (“Services”). CH Premier offers the Services to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
Any new features or tools which are added to the current store shall also be subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
SECTION 1 - ONLINE STORE TERMS
By accessing the Services, you represent that you are at least the age of majority in your state or province of residence, have the authority to agree to these Terms on your own behalf and on behalf of any organization or entity on whose behalf you are using or accessing the Services, and that all information provided by you is accurate.
By accessing and using the Services, you agree on your behalf and on behalf of any entity or person on whose behalf you are accessing the Services to abide by the Terms. We permit you to use and access the Services for lawful purposes only and only in a manner consistent with these Terms. Your agreement to these Terms is a condition of being granted access to, and use of, the Services. If you do not agree with the Terms, you may not access the Services and must exit immediately.
Accessibility and Assent.
You acknowledge that you have had the opportunity to review these Terms using any assistive technologies available to you. If you are unable to access or understand these Terms due to a disability, you agree to contact CH Premier prior to using the Services or placing an order so that we may provide reasonable assistance. Your continued use of the Services or placement of an order constitutes your agreement to these Terms.
SECTION 2 – PROHIBITED USES
You agree not to use the Services to:
1. violate any applicable law;
2. send unsolicited marketing materials, including junk email, spam, or chain letters;
3. post, transmit, or otherwise make available any material that is (a) threatening, harassing, degrading, hateful, or intimidating; (b) defamatory, libelous, fraudulent, or otherwise tortious; (c) obscene, indecent, pornographic, or otherwise objectionable; or (d) protected by a third party’s copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right without the express prior written consent of the applicable owner;
4. post, insert, transmit, or otherwise make available any malicious or harmful software that is intended to (a) make unauthorized changes to or cause damage to any hardware, software, or equipment; (b) copy, provide unauthorized access to, or prevent authorized access to confidential information or personal information; or (c) prevent detection of any unauthorized invasion of any hardware, software or equipment;
5. harvest or collect information about users of the Services;
6. interfere with or disrupt the operation of the Services;
7. reproduce, copy, modify, adapt, translate, create derivative works of, sell, resell, license, sublicense, rent, lease, loan, distribute, or otherwise exploit any portion of the Services except as expressly authorized by us;
8. reverse engineer, decompile, or disassemble any portion of the Services;
9. frame or mirror any portion of the Services, or otherwise incorporate any portion of the Services into a product or service;
10. systematically download and store Services content; or
11. use any robot, spider, application, or other device to retrieve, index, scrape, mine, or otherwise gather Services content.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy: https://chpremier.com/pages/shipping-and-returns
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please review our Refund Policy: https://chpremier.com/pages/shipping-and-returns
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and Services available via our Services may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
When you access third-party websites or content through our Services, you do so at your own risk. We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – OWNERSHIP
As between you and us, we own the intellectual property rights to the Services’ contents, including, but not limited to, the text, graphics, and images on the Services.
The contents of the Services may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without our prior written consent. You may not remove, alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Services or any of its contents. We retain all rights, title, and interests in the Services’ contents, unless expressly stated otherwise.
SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you send us creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 11 – INFRINGEMENT
If you believe your copyrighted work is being used on the Services in a manner that constitutes copyright infringement, please contact our designated agent at Lionel Bochurberg, Esq. Notices of copyright infringement must include your name, address, phone number, and email address, along with a statement identifying the material that you believe is being used without consent and the reason you believe it constitutes copyright infringement.
SECTION 12 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: https://chpremier.com/policies/privacy-policy
SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website, should be taken to indicate that all information in the Services or on any related website has been modified or updated.
SECTION 14 - DISCLAIMER OF WARRANTIES
We do not make any representations or warranties of any kind, whether express, implied, statutory, or otherwise, regarding the Services. We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. The Services and all information, programs, software, and materials available on or through the Services are provided “as is.”
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. CH Premier disclaims all warranties, including any implied or express warranties of (i) merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, or quiet enjoyment, (ii) arising out of any course of dealing or usage of trade, (iii) that the Services will be uninterrupted, error free, or free of harmful components, and (iv) that any content will be secure or not otherwise lost or altered.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
SECTION 15 – LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, CH Premier Jewelers and our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation loss of profits, revenue, savings, data, or replacement costs, arising out of or related to your use of the Services or any products purchased through the Services, even if advised of the possibility of such damages.
To the fullest extent permitted by law, CH Premier’s total liability for any claim arising out of or relating to these Terms or the Services shall not exceed the greater of:
(i) one hundred dollars ($100), or
(ii) the total amount paid by you for the product giving rise to the claim.
Nothing in this Section limits or excludes liability that cannot be limited or excluded under applicable law.
SECTION 16 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless CH Premier and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claims, damages, losses, liabilities, costs, and expenses relating to or arising from (i) your use of the Services, (ii) your violation of the Terms, (iii) your violation of any third party rights relating to or arising out of your use of the Services, or (iv) your violation of any law or regulation relating to, or arising out of, your use of or access to the Service.
SECTION 17 - SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 18 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 19 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on this site or in respect to the Services constitutes the entire agreement and understanding between you and us and governs your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 20 - GOVERNING LAW
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of California.
SECTION 21 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.
SECTION 22 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at sales@chpremier.com.
Our contact information is posted below:
CH Premier Jewelers
sales@chpremier.com
2855 Stevens Creek Blvd Ste 1251
Santa Clara CA 95050
408-983-2688
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
CH Premier Jewelers (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at sales@chpremier.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use or engage with the platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parents’ or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: All disputes arising out of or relating to the Program shall be governed by Section 23 (Dispute Resolution; Arbitration; Class Action Waiver) of these Terms of Service, which is incorporated herein by reference.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
SECTION 23 – DISPUTE RESOLUTION; ARBITRATION; CLASS ACTION WAIVER
IMPORTANT: PLEASE READ CAREFULLY. BY AGREEING TO ARBITRATION, YOU AND CH PREMIER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION.
Agreement to Arbitrate.
To the fullest extent permitted by law, you and CH Premier agree that any dispute, claim, or controversy arising out of or relating to (i) these Terms, (ii) the Services, (iii) any products purchased from CH Premier, or (iv) your participation in any CH Premier messaging or mobile marketing program (collectively, “Disputes”) shall be resolved exclusively through binding, individual arbitration and not in a court of law. By agreeing to arbitration, you and CH Premier are each giving up the right to have claims heard or decided by a judge or jury in a court of law.
Class Action Waiver.
You and CH Premier agree that all Disputes shall be brought solely in an individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding.
Pre-Dispute Notice and Informal Resolution.
Before initiating arbitration, you agree to provide CH Premier with written notice of the Dispute and allow at least sixty (60) days for informal resolution.
Arbitration Rules and Costs.
Arbitration shall be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. Arbitration costs shall be allocated in accordance with those rules and applicable law.
Location.
Arbitration will be conducted in Santa Clara County, California, unless you elect to participate remotely or, if required by applicable law, in your county of residence. Each party may be represented by counsel or another authorized representative, to the extent permitted by applicable law.”
Opt-Out Right.
You may opt out of this arbitration agreement within thirty (30) days of your first use of the Services by providing written notice pursuant to Section 22.
Small Claims Exception.
Either party may bring an individual claim in small claims court where permitted.
Governing Law.
This arbitration agreement is governed by the Federal Arbitration Act. The arbitrator shall apply California substantive law consistent with the Federal Arbitration Act.
Scope.
This Section applies to all interactions between you and CH Premier, including website use, purchases, and participation in any messaging program.
Severability.
If any portion of this Section is found unenforceable, the remainder shall remain in effect.
Waiver of Jury Trial.
To the fullest extent permitted by law, if for any reason a Dispute proceeds in court rather than in arbitration, you and CH Premier each knowingly and voluntarily waive any right to a trial by jury.
SECTION 24 – ACCESSIBILITY
CH Premier strives to make its Services accessible to all users, including individuals with disabilities, and works toward substantial conformance with WCAG 2.1 AA standards.
If you experience difficulty accessing any part of the Services, you may contact us at the information provided below, and we will provide reasonable assistance, including alternative methods to complete transactions.
Notice and Opportunity to Cure.
You agree to provide written notice of any alleged accessibility issue and a reasonable opportunity for CH Premier to address it prior to pursuing formal dispute resolution, to the extent permitted by law.
Limitation of Relief.
Any relief shall be limited to that which is reasonably necessary to address the specific accessibility barriers actually encountered by the user, consistent with applicable law.
SECTION 25 – SHIPPING, DELIVERY, AND TRANSACTION SECURITY
Signature Required for Delivery.
All orders require signature confirmation upon delivery. Delivery shall be deemed complete upon carrier confirmation of signature at the delivery address.
Risk of Loss.
Risk of loss and title pass to you upon confirmed delivery with signature.
Delivery Evidence.
Carrier tracking records, delivery confirmations, GPS data, and signature confirmation shall constitute strong evidence of delivery.
Customer Responsibility.
You are responsible for ensuring availability to receive delivery and for safeguarding the product after delivery is completed.
Fraud Prevention.
CH Premier reserves the right to require identity verification, delay shipment, or cancel any order suspected of fraud or unauthorized activity.
Chargebacks.
You agree that initiating a chargeback after confirmed delivery may constitute a breach of these Terms.
Recovery of Costs.
In the event of an improper chargeback, you agree to reimburse CH Premier for actual damages incurred, including the value of the product, shipping and insurance costs, payment processing fees, and reasonable collection or legal costs, to the extent permitted by law.
Cooperation.
You agree to cooperate in any investigation relating to delivery or payment disputes.
Service Refusal.
CH Premier reserves the right to refuse future transactions where there is evidence of fraud, abuse, or improper chargeback activity.
SECTION 26 – RECORDS AND EVIDENCE
CH Premier may rely on electronic records, transaction logs, communications, and carrier records in connection with any dispute. Such records shall be admissible to the fullest extent permitted by law.
SECTION 27 – FORCE MAJEURE
CH Premier shall not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including carrier delays, theft, natural disasters, or other events beyond its control.
SECTION 28 – MARKETING CONSENT
By creating an account, making a purchase, or otherwise providing your email address to us, you expressly consent to receive email communications from us, including transactional messages (such as account notifications, receipts, and service updates) and promotional messages (such as newsletters, offers, and product updates).
You acknowledge that such communications may be sent using automated technologies and may include information about our products, services, and promotions.
You may opt out of receiving promotional emails at any time by using the unsubscribe link included in our emails or by contacting us at sales@chpremier.com. Even if you opt out of promotional messages, we may continue to send you transactional or relationship communications related to your account or transactions.
You agree that your consent satisfies any applicable requirement for prior express consent to receive commercial electronic messages to the extent permitted by law.