Terms of service

These Terms of Service govern your use of benjidesign.com and any purchase you make through it. The site is operated by Benji Designs, 5444 Westheimer Road, Suite 1530, Houston, Texas 77056. By using the site or placing an order, you agree to these terms.

1. Who can buy

You must be at least 18 years old and legally able to enter into a contract. By placing an order you confirm that the payment method you are using is yours, or that you are authorized to use it.

2. Our pieces, and how they are described

We try to describe and photograph every piece accurately. Fine jewelry is made from natural materials, and diamonds and gemstones vary — inclusions, color and finish differ from stone to stone, and no two pieces are identical. Screens also render color differently. Small variations between a photograph and the piece you receive are normal and are not defects.

Where a piece is described using grading terminology, that description reflects our own assessment or the report supplied with the stone. Where a piece is accompanied by an independent laboratory report, that report controls.

3. Prices and availability

Prices are in US dollars and are the price of the piece at the time you order. Much of what we sell is one of a kind, so a piece may sell while it is still showing on the site. If we can't fulfill your order, we'll tell you and refund you in full.

We may correct errors in pricing or description at any time, including after an order is placed. If a piece is listed at an obviously incorrect price, we are not obliged to sell it at that price — we'll contact you, and you can confirm at the corrected price or cancel for a full refund.

4. Orders

Your order is an offer to buy. A confirmation email acknowledges that we received it; it does not by itself mean we've accepted it. The contract is formed when we ship the piece or otherwise confirm acceptance. We may decline or cancel an order — including for suspected fraud, a payment we can't verify, or stock that is no longer available — and we'll refund you in full if we do.

5. Payment

Payment is taken through the site's payment processors. We do not store your card details. If instalment payment is offered at checkout, it is provided by a third-party lender under their own terms, and your agreement for that financing is with them, not with us.

6. Shipping, returns and refunds

Shipping and returns are governed by our Shipping Policy and Return Policy, which form part of these terms. In short: we ship within the United States, free, insured, and signature required; you have 14 days from delivery to return a piece; and custom, engraved and special-order pieces are final.

7. Custom and made-to-order work

Custom work begins only after you have approved the design and the price. Because a custom piece is made for you, it can't be returned or refunded once work has started. Timelines given for custom work are estimates in good faith, not guarantees; stone sourcing in particular can move a date.

8. Repairs, resizing and pieces left with us

Where you leave a piece with us for repair, resizing, resetting or valuation, we'll handle it with the care we give our own stock, and we'll quote you before any work begins. We don't take repairs or resets by mail — this work is done in person in Houston.

9. Warranties

We stand behind what we sell and we would always rather hear from you than not. We do not, however, offer a written warranty or service plan, and to the fullest extent permitted by law, the pieces and the site are provided without warranties of any kind, whether express or implied, including any implied warranty of merchantability or fitness for a particular purpose. Nothing in these terms limits any right you have under law that cannot lawfully be limited.

10. Using the site

Everything on this site — text, photographs, the Benji Designs name and marks, and the design of the site itself — belongs to us or is used with permission. You may not copy, republish or use it commercially without our written permission. You agree not to misuse the site, attempt to gain unauthorized access to it, or use it in a way that breaks the law.

11. Content you send us

If you send us photographs, designs, ideas or other material — for example when discussing a custom piece — you confirm you have the right to send it, and you give us permission to use it for the purpose of doing the work you asked for. We will not publish a customer's photograph or name without asking first.

12. Limitation of liability

To the fullest extent permitted by law, Benji Designs is not liable for indirect, incidental, special or consequential losses arising from your use of the site or from any piece purchased through it. Our total liability in connection with any order is limited to the amount you paid for that order. Nothing here excludes liability that cannot lawfully be excluded, including for fraud or for death or personal injury caused by negligence.

13. Governing law

These terms are governed by the laws of the State of Texas, without regard to its conflict of law rules. Any dispute will be brought in the state or federal courts located in Harris County, Texas, and you and we both consent to the jurisdiction of those courts.

14. Changes

We may update these terms. The version published on this page at the time you place an order is the version that applies to that order.

15. Getting in touch

Questions about these terms, an order, or a piece: use the contact form and one of us will reply. We're at 5444 Westheimer Road, Suite 1530, Houston, Texas 77056.