Terms and Conditions

These Terms and Conditions (“Terms”) govern the relationship between Stefans Jewelry, Inc. (“Stefans”), a Virginia Corporation, and the company or individual identified on the front of this form (“Purchaser”) (collectively the “Parties”).  These Terms are intended to replace and supersede any and all other representations regarding the nature of the relationship between the Parties.  This agreement is entered into by the Parties in Fairfax County, Virginia.

1. Law and Forum:  All contracts and transactions between the Parties are accepted and formed in, and shall be governed by, the law of Virginia without reference to conflict of laws principles.  The Parties each hereby irrevocably submit to the sole and exclusive jurisdiction of the State and Federal Courts located within the county of Fairfax, Virginia.  In the event that any dispute arises between the Parties which relates in any way to a transaction covered by these Terms, the Parties agree that no court other than those sitting in Fairfax, Virginia may hear the dispute.
2. Breach or Default; Attorney’s Fees and Interest:  If Purchaser fails to make timely payment for any goods ordered from Stefans or breaches any other obligation(s) under this agreement, then Purchaser shall pay all costs of collection or other enforcement of this agreement, including attorney’s fees of 33 ⅓% of the amount in default, court costs, and any other fees incident thereto, including but not limited to any fees paid to an attorney to defend any counterclaims filed by the Purchaser.  Purchaser shall also pay interest at the rate of 2% per month, equal to 24% per annum, which shall begin accruing on the date of default upon any outstanding balance due to Stefans.  Purchaser need not be notified of default and hereby waives any notice of default.  Purchaser waives jury trial of any issue between the Parties.  Purchaser understands that Stefans will not accept orders for goods if there is an outstanding balance due to Stefans.
3. Personal Guaranty:  If the Purchaser is a business, then the individual who signs this document on behalf of Purchaser irrevocably and without condition personally guarantees the entire agreement between the Parties.  This guaranty is continuing in nature and Stefans shall not be obligated to seek collection or redress from the business initially.  The individual identified as the personal guarantor, if any, hereby waives any and all defenses regarding the nature of the personal guaranty that may be raised against Stefans in the event that collection on the guaranty is necessary, including but not limited to those based on agency principles.  The personal guaranty created by this section shall be binding on the personal guarantor’s heirs, successors, and assigns.
4. Purchase Money Security Interest:  Purchaser hereby grants to Stefans a purchase money security interest in each of the goods purchased from Stefans to secure payment for such goods.  The security interest created by this section shall be effective from the date the goods are shipped to Purchaser and shall cease when Stefans has been paid in full for all of the goods shipped to Purchaser.  If payment is made by check, the security interest shall cease when the check clears the drawee bank and the funds are placed in Stefans’s bank account.
5. Notice of Dispute and Waiver of Warranties:  Purchaser hereby agrees to provide written notice to Stefans of any disputes, inadequacies, errors, omissions, short-shipments, defects, or other problems within sixty (60) days of the shipment from Stefans.  Returns will only be accepted if the goods are defective and Purchaser has a valid authorization number.  Defective merchandise may be repaired by Stefans if the defect is not the fault of Purchaser and Stefans is given timely notice.  All repairs shall be free of charge to Purchaser.  All notices may be sent to Purchaser at the address given on the front of this form.  Any notice to Stefans shall be sent to Stefans Jewelry at 9297 Bailey Lane, Fairfax, Virginia 22031.  After the thirty (30) days have elapsed, and if no written notice of dispute has been provided, then the Parties agree that all of the goods ordered from Stefans were shipped to Purchaser in defect-free condition as noted in any packing slip from Stefans.  Stefans waives all warranties, either express or implied, except for those, if any, provided by any manufacturer which shall pass through to the end user of any merchandise.
6. Shipping and Payment:  Purchaser acknowledges that the prices charged by Stefans for the goods identified on the front of this form are subject to change without notice and Purchaser agrees to pay Stefans’s price for the goods as of the time this form is accepted by Stefans in Fairfax, Virginia.  All orders take approximately 3-6 weeks to be shipped.  All orders are shipped USPS Priority Mail, although USPS Express is available at a premium.  All shipping costs are added to the final invoice.  New customers must make payments using a credit card until, in the sole discretion of Stefans, Net 30 terms are established.  Stefans will notify Purchaser when Net 30 terms have been established.  Stefans will not accept any exchanges or refunds; all sales are final.  Order cancellations, whether in whole or in part, must be made by phone or email within two (2) days of submitting this form to Stefans.
7. Waiver and Modification of Terms:  The failure of either party to enforce any provision of this agreement shall not be a waiver of any such provision.  The Parties may only modify this agreement with a writing signed by both Parties.  Any such written instrument must make explicit reference to this section, the provision to be waived, and the provision to be substituted, if any.
8. Contract Interpretation:  This agreement shall be interpreted as if it had been drafted by both Parties.  No court hearing any dispute between the Parties shall make any determination that any language should be construed against either Party based upon it being the drafter of this document.  This agreement contains the entire agreement between the Parties and any other prior or contemporaneous agreement not signed by the Parties is void.
9. Signature:  The party signing for Purchaser hereby expressly warrants that he or she is authorized to sign for the Purchaser or, if not so authorized, personally guarantees payment for the purchases made from Stefans by virtue of any purchase orders submitted to Stefans in the name of Purchaser and the relationship intended to be created thereby.  Any personal guaranty that arises due to the operation of this section shall be subject to the same provisions as contained in § 3 above, mutatis mutandis.
10. Carbon Copies Deemed to be Originals:  Purchaser understands that this form is composed of multiple carbon copies and further states that each such carbon copy shall be deemed an original.
11. Agreement to All Terms and Conditions of Contract:  The undersigned hereby expressly warrants and affirms that s/he is an authorized officer of the Purchaser, or otherwise has the authority to enter into and bind the Purchaser in accordance with these Terms.  The undersigned states that s/he has read and expressly agrees to all provisions of these Terms.  Purchaser further understands that Stefans is relying upon the information provided in any purchase orders, as well as any other supporting documents provided therewith, in order to conduct business with the Purchaser.