10 Year Buy Back Guarantee Additional Terms & Conditions

In the Peace Jewelers' Diamonds 10-Year Buy Back Guarantee Terms and Conditions set forth below, the terms “you” and “your” refer to the person sending items to us buy back and “we”, “our” and “us” refer to ShopHQ or PeaceCertified.com. You must accept the Program Terms and Conditions as set forth below and as modified by us from time to time as described in Section 9 below. By submitting items to us, you agree you are bound by the Program Terms and Conditions as set forth below and as modified by us from time to time as described in Section 9 below.

        1. Requirements to Participate in the Program. You must be at least eighteen (18) years of age in order to participate in the Program. You must also be the sole legal owner of all Items that you submit to us and you must own them free and clear of any liens, claims or rights of others. Returning on behalf of others isn’t permitted, either as an agent or a representative of any other person or company. We may request documentation concerning your age or ownership and decline to buy back your Items if we do not receive acceptable documentation in a reasonable time. By submitting your Items to us, you represent and warrant that (a) you are 18 years of age or older, (b) you are the sole legal owner of the Items, (c) you have the authority to sell them free and clear of liens, claims and rights of other parties and (d) you accept all Program Terms and Conditions as set forth herein and as modified by us from time to time as described in Section 9 below.
        2. Summary of Our Procedures. You must register for the Program through our website peacejewelers.com (the Website”) or by calling Customer Service at 1-800-676-5523 within six (6) months of purchase. For registration through the Website, you will be asked to fill out an online registration form requesting information pertaining to you, the certificate associated with the item, the original invoice number and if any individual is to receive the item(s) as a gift and if so certain information pertaining to that individual. For telephone registration, you verbally note all of the information noted above to our customer service representative or request receipt of mailable registration packet.
        3. Evaluation. After we receive your Items and evaluate them, we’ll send you a response by email or telephone within two (2) Business Days. If we decide your Items are appropriate for buy back as they have not been altered, are the same item(s) as purchased and are not damaged absent reasonable wear and tear, we will send you communication noting as much and when you should expect your buy back funds.
        4. Business Days. All references to Business Days means days not counting Saturdays, Sundays and federal legal holidays and, if the expiration of any time period stated in Business Days falls on a Saturday, Sunday or federal legal holiday, performance will be due the next Business Day.
        5. Calendar Days. All references to Calendar Days means actual days including weekdays, weekend days and federal holidays.
        6. Proper Shipment. We reserve the right to reject the delivery of any Item(s), mail, envelope or package that appears to be damaged, opened or tampered-with prior to delivery, and any such Item(s), mail, envelope or package will be returned to you at no charge. We have no liability to you for any Items contained in any such attempted delivery or in return of any such Items.
        7. Insurance Limitations on Shipped Items. Please ensure you follow all requirements outlined by customer service related to shipping us the Item(s) including tracking of the packages and insurance on the packages. We shall not be responsible for any lost or damaged packages.
        8. Indemnity. You agree to defend, indemnify and hold harmless IV Media LLC d/b/a ShopHQ and our affiliates, service providers, suppliers, contractors, and our and their respective employees, officers, directors, agents and representatives from any claim, losses, damages, liabilities, costs or demand, including reasonable attorney’s fees, made by any third party arising out of or relating to your breach of these Program Terms and Conditions. The foregoing indemnification obligations shall survive the conclusion of the buy back of any of your Items under the Program.
        9. Changes to Program Terms. We reserve the right to change these Program Terms and Conditions at any time and without notice. Current Program Terms and Conditions are available by going to (insert website address). Any changes we make will be immediately posted on the Website and apply as soon as they are posted, except they will not apply to in process buy back transactions started before the effective date of such changes.
        10. Entire Agreement. If you participate in the Program, these Program Terms and Conditions constitute the entire agreement between you and us concerning the Program, and they will supersede all previous written or oral agreements between you and us concerning the Program.
        11. Applicable Law. You agree that the Program Terms and Conditions shall be governed and construed according to the laws of the State of Minnesota, without regard to its conflicts or choice of law provisions.
        12. Claims, Disputes and Arbitration. The following provisions significantly affect your rights in any dispute with us. By submitting Items to us, you agree that:
          1. Any dispute between you and us that cannot be resolved by our mutual agreement must be submitted to binding arbitration in Minneapolis, Minnesota to be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, which means you give up the right to a trial by a court or a jury. The arbitrator shall be an attorney or retired judge and shall be selected in accordance with the above-identified rules.
          2. Regardless of any statute or law to the contrary, any claim or dispute arising out of or related to the Program must be submitted for arbitration as described in this Section 13 within one (1) year after the claim or cause of action arose, or it is forever barred.
          3. Any claim or dispute shall be arbitrated on an individual basis and not as a class action. You agree to give up any right you may have to bring a class-action lawsuit or class arbitration or to participate in either as a claimant, and you agree to give up any right you may have to consolidate your arbitration with the arbitration of others.
          4. The information that can be obtained in discovery from each other or form third persons in arbitration is generally more limited than in a lawsuit. Other rights that you and/or we would have in court may not be available in arbitration.
          5. If you file or attempt to file any action in a venue other than arbitration in Minneapolis, Minnesota, we shall be entitled to reimbursement from you for any and all costs we incur in defending such action, including but not limited to, attorney’s fees incurred by us.

The above arbitration requirements apply to all claims and disputes, whether in contract, tort or otherwise (including any dispute over the interpretation, scope or validity of this arbitration provision or the arbitrability of any issue), between you and us or any of our employees, contractors, parent, subsidiaries, affiliate companies, agents, successors or assignees, which arises out of or relates to the Program.

        1. General. You understand that no failure by us to exercise any right under the Program will be deemed a waiver of such right and no waiver by us of any breach or default hereunder shall be deemed to be a waiver of any subsequent breach or default. If any provision of these Program Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the terms herein and shall not affect the validity and enforceability other provisions of these Program Terms and Conditions. Notwithstanding any other provision herein to the contrary, we reserve the right to suspend or enlarge any time frame specified in these Program Terms and Conditions, in our sole discretion and with or without notice to you, in the event we encounter any technical difficulties concerning the Website, Program-related technology or data networks or other matter, or if we encounter any delays attributable to any act beyond our reasonable control, including but not limited to acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood or any other act of God, any law, regulation, ordinance or any act or order of any court, government, or governmental agency.