Terms & Conditions

These Terms and Conditions ("Terms”) govern your use of any websites, electronic and text messages, and social media pages operated, directed by or otherwise maintained by Kendra Scott, LLC, its parent companies, subsidiaries and affiliates (collectively “Kendra Scott” or “we”) that display or link to these Terms (the “Sites”) and any Kendra Scott purchases made by you through the Sites and/or your visit to or purchase from one of our retail locations. You agree to these Terms and to our Privacy Policy by your access or use of the Sites and any of the services offered by Kendra Scott, including your purchase from the Sites or one of our retail locations, whether or not you are a registered user of the Sites.

PLEASE NOTE THAT SECTION 26 OF THESE TERMS CONTAINS AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER PROVISION. IT AFFECTS HOW DISPUTES BETWEEN YOU AND KENDRA SCOTT MAY BE RESOLVED.

Table of Contents

1. YOUR ACCOUNT

2. ORDERS AND CANCELLATIONS

3. SHIPPING AND RETURNS

4. FINE JEWELRY REPAIR POLICY

5. INTERNATIONAL ORDERS

6. GIFT CARDS

7. WARRANTY

8. PROMOTIONS

9. BIRTHDAY DISCOUNT

10. IN-STORE ONLY SERVICE DISCOUNT FOR TEACHERS, HEALTHCARE WORKERS, MILITARY AND FIRST RESPONDERS

11. TEXT MESSAGING

12. FREE GIFT WRAP

13. RESALE

14. AUTHORIZED RETAILERS AND PRODUCTS

15. KENDRA GIVES BACK EVENTS & PRODUCT DONATIONS

16. CONTENT YOU POST

17. CONTENT POSTED BY OTHERS

18. YOUR USE OF THE SITES

19. NON-CONFIDENTIAL INFORMATION

20. KENDRA SCOTT INTELLECTUAL PROPERTY

21. COPYRIGHT PROTECTION

22. MODIFICATIONS AND TERMINATION

23. SOCIAL NETWORKS

24. OUR WARRANTIES AND DISCLAIMERS

25. LIABILITY FOR OUR SERVICES

26. DISPUTES

27. ADDITIONAL DETAILS

28. CUSTOMER SERVICE

 

YOUR ACCOUNT

You may be required to create an account and specify a password in order to make purchases or use certain features on the Sites. You must provide current, truthful and accurate information when creating an account. Please keep your account updated to reflect any changes.

You may not share your account with anyone else. If you believe that your account has been compromised at any time, please contact us at service@kendrascott.com.

 

ORDERS AND CANCELLATIONS

An agreement for Kendra Scott to sell goods to you is made when we accept your order. The description of goods, price, and applicable tax are agreed on between you and Kendra Scott when an order is placed. You are responsible for the charges for transport, packaging, freight, and/or insurance of your order as reflected in the order summary provided upon checkout.

Placement of an order is a binding agreement. Once placed, all orders are considered final and you may not change or cancel them. Kendra Scott reserves the right to cancel any order for any reason whatsoever, including but not limited to unauthorized, altered, or ineligible use of an offer or payment. Kendra Scott reserves the right to modify or cancel a promotion due to system error or unforeseen problems.

 

SHIPPING AND RETURNS

Curbside Pick Up

We are now offering curbside pickup in select stores! Click here for details.

Shipping Information

Orders placed Monday through Friday (excluding holidays) with Standard Shipping Method will be processed and shipped within 2-5 business days once credit card authorization and verification have been obtained. Orders placed on Saturdays and Sundays will begin processing the following business day. All customers will receive a confirmation email with tracking information when the order has shipped. Orders submitted before 12PM CST with Next Day or Two-Day shipping methods selected will ship the same business day. Orders placed after 12PM CST or Saturday and Sunday will ship the next business day. All orders are shipped via United Parcel Service (UPS). Shipping windows are estimates and delivery dates cannot always be guaranteed.

The following shipping methods are in effect during this time:

  • Standard: Will arrive in 3-5 business days after processing and shipping

  • Two-Day: Will arrive in 2 business days after processing and shipping

  • Next-Day: Will arrive the following business day after processing and shipping

 

ALL SHIPPING CHARGES ARE NON-REFUNDABLE. NO EXCEPTIONS.

 

Fine Jewelry

All Fine Jewelry (made of 14k gold) orders are shipped via UPS and require a signature upon delivery.

Engraving

All engraved items are final sale.

All engraved items will ship within 5 business days of an order being processed.

Nail Lacquer – Restricted Hazardous Item

All Kendra Scott Nail Lacquer is final sale.

Nail Lacquer is considered hazardous material, is restricted and required by the U.S. Department of Transportation to be shipped by ground transport only, due to air transport restrictions and regulations. Regrettably, these items cannot be shipped to Alaska, Hawaii, Puerto Rico or internationally.

Multiple Shipping Addresses

At this time, we can only ship to one address per order.

P.O. Boxes

All orders are shipped via United Parcel Service (UPS) and cannot be delivered to P.O. Boxes.

APO/FPO/DPO Military Addresses

All shipments to APO, FPO, and DPO addresses are sent via UPS Surepost. Due to military handling time, delivery to some destinations may take up to 45 business days.

Tracking Orders

You can also click here, scroll down to the “Check Order” section and submit order information to check the status of your report.

International Shipping and Returns

All orders shipping internationally are subject to additional shipping charges based on taxes, tariffs and duties put into place by that country. Kendra Scott is not associated with these fees. All fees are to be paid for by the customer at the time of delivery. For complete details about International Shipping and Returns please click here.

 

Return Policy

Engraved pieces, masks, nail lacquer, Birthday Discount purchases, gift cards, Kendra Scott Branded merchandise, custom pieces created at the Color Bar™ , merchandise marked as Final Sale, and permanently discounted or marked down merchandise are considered Final Sale and are not eligible for return or exchange.

If you have questions about the return policy or about how to make a return, you may contact Customer Service via email at service@kendrascott.com or call us at 866-677-7023.

To exchange an eligible item purchased online, simply return it to the distribution center using and place a new order for the item you want or stop by your nearest Kendra Scott store. Shipping charges may apply on your new order. To exchange an eligible item in a store, simply stop by your nearest Kendra Scott store.

Please allow up to 15 business days from when we receive your return for your return to be processed. Business days are Monday-Friday except for federal holidays. Return processing begins after your package is delivered to us. For any inquiries concerning returns or exchanges, please contact Customer Service via email at service@kendrascott.com or by phone 866-677-7023 Monday – Sunday 8am – 5pm CT.

Kendra Scott Purchases Made Online And Shipped To Home

Kendra Scott provides FREE RETURN SHIPPING for eligible items.

All eligible, unworn, unused items you would like to return for a full refund to your original payment method must be sent back to the Kendra Scott distribution center within 30 days of receipt of product in original packaging with tags on.

A pre-paid, pre-addressed return shipping label will be provided with every qualifying order purchased on the website. If you have misplaced your shipping label, you can print a replacement pre-paid return shipping label by visiting kendrascott.com/returns.

Eligible items may also be returned at your nearest Kendra Scott store for exchange or store credit only within 30 days of receipt.

To exchange an eligible item without going to a store, simply return it to the Kendra Scott distribution center by using the pre-paid, pre-addressed return shipping label included with your order and place a new order for the item you want. Shipping charges may apply on your new order.

Engraved pieces, masks, nail lacquer, Birthday Discount purchases, gift cards, Kendra Scott Branded merchandise, custom pieces created at the Color Bar™, merchandise marked as Final Sale, and permanently discounted or marked down merchandise are considered Final Sale and are not eligible for return or exchange.

Kendra Scott Purchases Made Online And Picked Up Curbside Or In-Store

Kendra Scott provides FREE RETURN SHIPPING for eligible items.

All eligible, unworn, unused items you would like to return for a full refund to your original payment method must be sent back to the Kendra Scott distribution center within 30 days of receipt of product in original packaging with tags on.

To return by mail, please complete the Return Form included in your “Buy Online, Pick Up At Store” order and print a pre-paid return shipping label by visiting kendrascott.com/returns.

Eligible items may also be returned at your nearest Kendra Scott store for exchange or store credit only within 30 days of receipt.

To exchange an eligible item without going to a store, simply return it to the Kendra Scott distribution center by using the pre-paid, pre-addressed return shipping label included with your order and place a new order for the item you want. Shipping charges may apply on your new order.

Engraved pieces, masks, nail lacquer, Birthday Discount purchases, gift cards, Kendra Scott Branded merchandise, custom pieces created at the Color Bar™, merchandise marked as Final Sale, and permanently discounted or marked down merchandise are considered Final Sale and are not eligible for return or exchange.

Kendra Scott Retail Store Purchases

All unworn, eligible unused items may be returned at your nearest Kendra Scott store for exchange or store credit only within 30 days of purchase.

Engraved pieces, masks, nail lacquer, Birthday Discount purchases, gift cards, Kendra Scott Branded merchandise, custom pieces created at the Color Bar™, merchandise marked as Final Sale, and permanently discounted or marked down merchandise are considered Final Sale and are not eligible for return or exchange.

Promotions

Any product purchased during a "Gift With Purchase" or "Buy One, Get One Free" promotion may be returned. Please include the gifted product with your return, or your refund will be adjusted to reflect the retail value of the gift. Gifted product cannot be returned or exchanged.

All promotions are available while supplies last. Promotion code may be required upon checkout. Promotions may not be combined or applied to previous purchases, gift card purchases, sales tax, or shipping charges. Offers may only be valid for a specified date and timeframe.

 

FINE JEWELRY REPAIR POLICY

If you purchase a Kendra Scott Fine Jewelry piece (made of 14k gold) from www.kendrascott.com or at any of the Kendra Scott retail locations, you are eligible to receive a free repair within one year of the original purchase date. If a Kendra Scott Fine Jewelry piece fails during normal wear within one year of the original purchase date due to a defect in material or workmanship, as solely determined by Kendra Scott, we will repair the Kendra Scott Fine Jewelry piece with like quality materials at no cost. If a Kendra Scott Fine Jewelry piece is damaged after the first year, we will facilitate repairs with like quality materials at an additional cost. Any decision to repair a piece of Kendra Scott Fine Jewelry is subject to review and in Kendra Scott’s sole discretion, and Kendra Scott may refuse to repair any piece of jewelry for any reason whatsoever. You must provide us with a valid proof of purchase to receive a repair.

Please refer to our Jewelry Care page for detailed instructions on how to care for you Kendra Scott jewelry. Kendra Scott is not responsible for lost or damaged jewelry after delivery has been accepted.

All returns of fine jewelry must be securely packaged (in the original jewelry box) and must include a completed repair form filled out by a sales associate or customer service representative. Please contact Customer Service to request a repair form or visit your closest Kendra Scott retail store.

Please allow 15-20 business days for your repairs to be complete plus additional time for shipping, if applicable. Repair processing begins after your package is delivered to us.

For any inquiries concerning repairs, please contact Customer Service via email at service@kendrascott.com or by phone 866-677-7023 Monday-Friday 8am-5pm CT.

Fashion jewelry and vermeil jewelry are not eligible for repair.

International Orders are not eligible for repair.

 

INTERNATIONAL ORDERS

Kendra Scott has partnered with Borderfree to provide international shipping to more than 175 countries. Borderfree is a groundbreaking global e-commerce company that allows us to show all our prices in your currency and lets us take advantage of a fast, reliable shipping network. When you place an international order, your transaction will be with Borderfree, but Kendra Scott is happy to assist with customer service needs.

BORDERFREE

Your international purchase is managed and made secure by our partner vendor Borderfree, a technology company that helps U.S. retailers carry out transactions with consumers across the globe.

How to Place an International Order

From the homepage if on a desktop device, click on the country displayed in the upper left at the top of the page and select your shipping destination and currency. Or, if you are using a mobile device, look for the country to be displayed in the bottom of the navigation menu. After selecting your shipping country and selecting the currency, product prices will be displayed in the currency you selected. If you don’t see your country listed, we don’t currently ship to that destination. For most countries you will see a guaranteed order total that includes shipping costs and any applicable duties and taxes that will be paid at checkout. There are some countries that only offer the option to pay duties and taxes upon delivery. After you place an order, you will receive an email that your order was received, another email when it has been approved, and an email when it has shipped.

All international orders are processed by our international shipping partner, Borderfree. The maximum order value for international shipment is USD $25,000 (does not include duties and taxes).

If you are shipping to an APO/FPO address, please use the regular checkout process, using the United States as your shipping country.

Shipping Timeline

Once your transaction is complete, Kendra Scott will ship your item to the Borderfree shipping hub in the United States. Borderfree then ships your order to its final international destination. Most in-stock items will arrive 5-15 business days after receipt of your order. You’ll see a more specific shipping range at checkout. Please note that shipping windows are estimates and delivery dates cannot always be guaranteed.

How to Check on the Status of your International Order

To check the status of your international order, please look it up with Borderfree here. Please have your order number and email available. Please reach out to our customer service team if you have any questions, 866-677-7023 or email service@kendrascott.com.

Payment Methods

Borderfree supports a variety of payment methods which vary by destination, payment options presented at checkout. You will be charged at the time that your order ships, you will see “BF*Kendra Scott” on your credit card statement.

Please note that Borderfree is unable to support the purchase/redemption of any gift cards from Kendra Scott.

Exchange Rates

Foreign exchange rates are determined by Borderfree. They’re based on interbank rates of exchange, which correspond with the average aggregate exchange rates applied in an e-commerce transaction. The exchange rates are updated daily. If exchange rates are updated while you’re shopping, a message appears to let you know. Items purchased are not eligible for price adjustments due to changes in exchange rates.

Duties and Taxes

In general, duties and taxes are determined based on the type of product being shipped, its value, country of origin or manufacturing, and the classification of the item. At checkout, you may be presented with options to either prepay duties and taxes or to pay duties and taxes on delivery. If you select to prepay duties and taxes, the order total presented at checkout is the exact amount you’ll be billed by Borderfree, and there will be no additional costs due upon delivery. If you select to pay duties, taxes, and fees at delivery, payment of these fees is made to the shipping carrier when the order is delivered. If the total charge is not paid at delivery, the merchandise will be returned to Kendra Scott and the customer will not be refunded any of the shipping charges.

International Returns & Exchanges

Engraved pieces, masks, nail lacquer, Birthday Discount purchases, gift cards, Kendra Scott Branded merchandise, custom pieces created at the Color Bar™ and permanently discounted or marked down merchandise are considered Final Sale and are not eligible for return or exchange.

Kendra Scott provides FREE RETURN SHIPPING on qualified orders for international customers. Any unworn merchandise must be sent back to Kendra Scott within 30 days of receipt of product. Please allow up to 30 business days for your return to be processed. You will receive a refund in the same currency and same exchange rate as your original order. Shipping and handling paid on your original order are not refundable.

To initiate a return, please contact Customer Service via email at service@kendrascott.com or call us at 866-677-7023. International orders may not be returned to a Kendra Scott retail store.

To exchange an item, simply return it and place a new order for the item you want.

Ineligible for Certain Promotions and Policies

International orders are not eligible to receive certain promotions or policies, including but not limited to:

  • • Free shipping

  • • Free returns

  • • Gift wrap

  • • Fine jewelry repair

  • • Promotions for products not eligible for international purchase & shipment

  • • Promotions or gifts with purchase

  • • Merchandise exchanges

Additionally, some products are not eligible for shipment to international destinations, including and as may be updated from time to time:

  • • Nail Lacquer

  • • Candles

  • • Gift Cards

 

GIFT CARDS

Kendra Scott E-Gift Cards and physical gift cards (collectively, “Gift Cards”) can be redeemed online or in any Kendra Scott Retail Location and expire five (5) years from purchase. Gift Cards cannot be returned or redeemed for cash value, reloaded with additional value, resold or transferred for value, except where required by law. Gift Cards cannot be used to purchase other Gift Card(s). No sales tax will be charged on the purchase of a Gift Card. Gift Cards cannot be purchased or redeemed outside of the United States. Promotions and other special offers do not apply to the purchase of a Gift Card. Kendra Scott will not replace lost or stolen gift cards without satisfactory proof of purchase.

If the amount of your online Gift Card(s) does not cover the total order amount, you must pay the remainder of the purchase with a valid credit card. If the amount of your online gift card(s) is for more than the total order amount, the remaining balance will be credited to your Kendra Scott online account for your next purchase using the same gift card code.

If you have any questions, please contact service@kendrascott.com.

 

WARRANTY

Our goal is to provide high quality goods and products. Accordingly, we warrant the goods will meet their specification and will be free from defects in materials and workmanship at the time of delivery. Please unpack and inspect your order immediately upon receipt. Any and all claims must be reported to Kendra Scott within five (5) business days without exception.

Kendra Scott is not responsible for lost or damaged items after an in-store purchase has been made or delivery has been accepted except as otherwise provided in these Terms.

 

PROMOTIONS

From time to time, Kendra Scott offers certain promotional discounts, gifts with purchase, buy-one get-one free events, and other promotions. Kendra Scott promotions are available while supplies last and may only be valid for a specified date and timeframe along with additional limitations and exclusions. In the event a promotion code is required, please present the code at checkout.

Promotions may not be combined or applied to previous purchases, gift card purchases, sales tax, or shipping charges.

Kendra Scott reserves the right to alter or cancel any promotion without notice. If, in Kendra Scott’s sole discretion, a promotion is used incorrectly or being abused, Kendra Scott has the right to cancel any orders placed and ban the usage of any further promotional material by such user(s). Only one promotional code per order.

Any product purchased during a "Gift with Purchase" or "Buy One, Get One Free" promotion may be returned. Please include the gifted product with your return, or your refund will be adjusted to reflect the retail value of the gift. The gifted product cannot be returned by itself or exchanged.

 

BIRTHDAY DISCOUNT

You are eligible to receive a Birthday Discount during your birthday month redeemable online or at a Kendra Scott retail location.

Your Birthday Discount may be applied to one purchase at:

  • • 50% off one Fashion Jewelry or Color Bar™ item; and/or

  • • 25% off one Fine Jewelry, Sterling Silver Jewelry, Gold Vermeil Jewelry or Home Goods item.

 

ITEMS PURCHASED WITH THE BIRTHDAY DISCOUNT ARE FINAL SALE AND ARE NOT ELIGIBLE FOR RETURN OR EXCHANGE.

 

How to Receive Your Birthday Discount Code

To receive your Birthday Discount, you must obtain a Birthday Discount code that may only be used during your birthday month. To obtain your Birthday Discount code, submit your birthday and email address here. You can also provide a mobile number to have your Birthday Discount code texted to you for in-store or online redemption. You must also provide your email address to redeem your Birthday Discount in-store. By providing your email address and mobile number, you agree to receive recurring Kendra Scott marketing emails and/or recuring autodialed promotional and personalized marketing text messages (like your Birthday Discount code and cart reminders) from Kendra Scott. Message and data rates may apply. You can still make a purchase from us even if you do not opt in. You may unsubscribe at any time, but you must be signed up at the time of your birthday to receive your Birthday Discount code. We may also share the information you provide, including personal information, with third parties. Please review our Privacy Policy for more information on how we collect, use and share your information.

If it is currently your birthday month, we’ll send you a code right away that you can use at any time during your birthday month. If it is not currently your birthday month, we’ll send you a code during your birthday month.

How to Redeem Your Birthday Discount

To redeem your birthday discount for an online purchase, enter your Birthday Discount code at checkout. To redeem your birthday discount for a purchase at a Kendra Scott retail location, please bring this code with you and provide the discount code along with your email address at checkout. If you missed your birthday month this year, we look forward to celebrating with you next year.

When redeeming in-store, the customer eligible for the Birthday Discount must be present at time of redemption, present a valid government-issued photo ID and email address. The Birthday Discount is non-transferable and voidable if transferred prior to redemption. The Birthday Discount may not be applied to previous purchases or combined with other offers. YOU MAY ONLY USE YOUR BIRTHDAY DISCOUNT ONE TIME PER CALENDAR YEAR. If we determine that you have used your Birthday Discount more than once in a calendar year, we reserve the right to refuse or cancel any future orders and to cancel your account.

Limitations and Exclusions

The Birthday Discount is not valid on the purchase of gift cards, gift sets, jewelry accessories, nail lacquer, Kendra Scott branded merchandise, masks, apparel, or items with an associated giveback. You may only use your Birthday Discount one time per calendar year. All purchases made with the Birthday Discount are final sale and are not eligible for return or exchange.

 

IN-STORE ONLY SERVICE DISCOUNT FOR TEACHERS, HEALTHCARE WORKERS, MILITARY AND FIRST RESPONDERS

Kendra Scott offers a 15% discount to healthcare works, teachers, military and first responders every day in a Kendra Scott store only with a valid photo ID. When redeeming, the customer eligible for the discount must be present at the time of redemption and present a valid photo ID in-store. This discount is non-transferable and voidable if transferred prior to redemption. This discount may not be applied to previous purchases, fine jewelry, sterling items, vermeil items, gift sets, gift card purchases, sales tax or shipping charges. It cannot be combined with other offers or with a Kendra Gives Back event. If we determine that you have misused your service discount, we reserve the right to refuse or cancel any future orders and to cancel your account.

 

TEXT MESSAGING

If you provide your phone number to Kendra Scott, you agree to receive recurring automated and autodialed promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from Kendra Scott, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase.

If you need assistance or wish to opt-out from Kendra Scott text messages, reply HELP for help, reply STOP to cancel or opt-out. After texting HELP or STOP to our shortcode you may receive an additional message confirming that your request has been processed. Message and Data rates may apply.

Message frequency will vary. Kendra Scott reserves the right to alter the frequency of messages sent at any time. Kendra Scott also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so.

Not all mobile devices or handsets may be supported, and our messages may not be deliverable in all areas. Kendra Scott, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages. We are able to deliver messages to most major mobile phone carriers.

Please review the Privacy Policy for more information on how we use the information you provide to us.

 

FREE GIFT WRAP

You have the option to receive free gift wrapping on eligible online orders. If selected at checkout, all jewelry items will be gift wrapped in a signature Kendra Scott yellow box and sealed with an elastic bow and gift tag. You will also have the option to enter one gift message that will be printed and included with the gift tag. Please note that products from our Home and Candle collections will arrive in a specialty box and are not eligible for gift wrapping.

 

RESALE

Products on www.kendrascott.com are intended for consumers only. We reserve the right to refuse or cancel any order and any future orders if we believe, in our sole discretion, that an order is being purchased for resale.

 

AUTHORIZED RETAILERS

Kendra Scott only sells products directly through www.kendrascott.com, at Kendra Scott retail locations or through authorized retailers as provided on this list: https://www.kendrascott.com/stores. If something seems too good to be true, it probably is! To report possible knockoffs or counterfeit products, please email brandprotection@kendrascott.com.

 

KENDRA GIVES BACK EVENTS & PRODUCT DONATIONS

We are honored to support women and families’ causes in our local communities through Kendra Gives Back events and donation of Kendra Scott products. If you have a cause close to your heart and would like to host an event, please contact your local Kendra Scott store. Please note, we welcome one event per organization annually and we do not partner with political causes. Kendra Scott reviews each request for a Kendra Gives Back event and/or a product donation request. Kendra Scott reserves the right to refuse to host a Kendra Gives Back event or provide product donations for any reason, in its sole discretion.

The following guidelines apply to any Kendra Gives Back event:

  • • Requesting organization or individual’s cause must be a 501(c)(3) organization and fall within our giving pillars in these categories: Education & Entrepreneurship, Health & Wellness, and/or Empowerment.

  • • We welcome one event per approved organization annually

  • • Requests must be made at a minimum one month in advance of desired event date.

  • • You agree to comply with any other requirement as may be provided to you by Kendra Scott.

 

We are happy to donate product to be used in fundraising efforts for 501(c)(3) non-profit organizations.

The following guidelines apply to any product donation:

  • • Donated product must be used to directly raise funds for a 501(c)(3) non-profit through activities such as a silent or live auction or a raffle.

  • • Donated product cannot be sold for profit or returned to a store for credit.

  • • Donations are limited and based on availability.

  • • Donation requests must be made at a minimum one month in advance of desired event or fundraiser.

  • • You agree to comply with any other requirement as may be provided to you by Kendra Scott.

 

If Kendra Scott hosts a Kendra Gives Back event for your organization or provides donated product to be used to fundraise for your organization, you agree to these Terms and Privacy Policy.

 

CONTENT YOU POST

We may provide opportunities for you to post text, photographs, videos, or other content (collectively, "Content") on the Sites for use by Kendra Scott. You acknowledge and agree that you may only post Content if:

  • • You are at least 18 years old;

  • • You own all the rights to the Content and are authorized to assign any and all rights in the Content to Kendra Scott;

  • • The Content does not infringe upon the rights of any third parties, including but not limited to copyright, trademark, trade secret, and publicity rights;

  • • The Content does not violate these Terms and will not cause injury to any person or entity;

  • • The Content does not include any information that references other websites, addresses, email addresses, contact information or phone numbers;

  • • The Content does not contain any computer viruses, worms or other potentially damaging computer programs, files or malware;

  • • You did not receive any form of compensation or consideration by any third party to post the Content;

  • • The Content is not or may not be reasonably considered to be false, inaccurate, misleading, defamatory, obscene, indecent, libelous, hateful, unlawfully threatening, unlawfully harassing to any individual or entity, offensive, or otherwise deemed unlawful or inappropriate in Kendra Scott’s sole discretion; and

  • • You agree to comply with any other requirement as may be provided to you by Kendra Scott.

 

Any Content that you submit may be used at Kendra Scott's sole discretion. Kendra Scott reserves the right to accept, reject, remove, refuse, change, condense or delete any Content submitted in its sole discretion and for any reason whatsoever. You will not be able to edit or delete any Content you have submitted. You acknowledge that you, not Kendra Scott, are responsible for the Content you submit. None of the Content that you submit shall be subject to any obligation of confidence on the part of Kendra Scott, its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees. If we accept your Content and include it on the Sites, in any event, promotion, program or for any other purpose, we cannot remove it later and you may not request that it be removed.

By uploading, submitting or otherwise posting your Content, you grant Kendra Scott, its agents, licensees, and assigns an irrevocable, perpetual (non-exclusive) right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use your Content as-is or as-edited (with or without using your name, social media handle or pseudonym) in any form or media throughout the world for any purpose, in perpetuity, without limitation, and without additional review, compensation, or approval from you. This license continues even if you stop using our Sites.

You further agree to defend, indemnify, release, and hold Kendra Scott harmless from any and all liability, claims, actions, loss, harm, damage, injury, cost or expense arising out of or related to Kendra Scott’s use of your Content, including, but not limited to, any claim that the use of your Content violates or infringes upon the rights of any third party.

 

CONTENT POSTED BY OTHERS

We are not responsible for and do not endorse Content posted by any other visitor to the Sites. Accordingly, we may not be held liable, directly or indirectly, for any loss or damage caused to you in connection with any Content posted by another person.

 

YOUR USE OF THE SITES

You agree not to use the Sites in a way that violates any laws, infringes any individual or entity’s rights, is inappropriate or offensive, or interferes with the Sites or any features on the Sites (including any technological measures we employ to enforce these Terms). If we (in our sole discretion) determine that you have acted inappropriately, we reserve the right to take down Content, terminate your account, prohibit you from using the Sites, and take appropriate legal actions.

You are prohibited from infringing or otherwise violating any third-party rights, including without limitation, third-party intellectual property rights. You acknowledge and agree that using our Sites does not afford you any rights to the content you access. You may not use, copy, edit or distribute content from our Sites unless you obtain prior written approval from us or any third-party owner, or unless you are otherwise permitted by law.

 

NON-CONFIDENTIAL INFORMATION

We do not accept any unsolicited suggestions – including, but not limited to, suggestions for new products or services, improvements to existing products or services, or marketing ideas – from anyone outside of our company. We may already be working on a similar idea, and this policy eliminates potential conflicts regarding ownership of the concept.

Any materials, information, or ideas you send us or post on the Sites, by any means, will be treated as non-confidential and non-proprietary, and may be disseminated or used by Kendra Scott for any purpose whatsoever.

 

KENDRA SCOTT INTELLECTUAL PROPERTY

All trademarks, logos, and service marks displayed on the Sites are registered and unregistered trademarks of Kendra Scott and/or third parties who have authorized their use, and all materials on the Sites are protected by copyright and other intellectual property rights, including but not limited to the photographs, jewelry designs and the Sites, except where explicitly noted otherwise (collectively "Intellectual Property"). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, create derivates of or modify the Intellectual Property in any way. We will enforce our intellectual property rights to the fullest extent of the law, including seeking criminal prosecution, if necessary.

You are prohibited from infringing or otherwise violating Kendra Scott’s rights, including but not limited to Kendra Scott’s Intellectual Property. You acknowledge and agree that using our Sites does not afford you any rights to the content you access. You may not use, copy, edit or distribute content from our Sites unless you obtain prior written approval from us or any third-party owner, or unless you are otherwise permitted by law.

If you believe any Content on the Sites infringes your copyrights, you may request that we remove the Content from the Sites (or disable access to that Content) by contacting our Designated Agent (identified below) and providing the following information pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512 (the "DMCA"):

  • • Identification of the copyrighted work that you believe to be infringed. Please describe the work and, where possible, include a copy or the location (e.g., URL) of an authorized version of the work.

  • • Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.

  • • Your name, address, telephone number, and e-mail address.

  • • A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.

  • • A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury", you are the copyright owner or are authorized to act on the copyright owner’s behalf.

  • • A signature or the electronic equivalent from the copyright holder or authorized representative.

 

Send this information to us by mail or e-mail:

  • • By mail: 3800 N. Lamar Blvd., Suite 400, Austin, TX 78756, Attention: Copyright Agent

  • • By e-mail: copyrightagent@kendrascott.com

 

Once the Designated Agent receives a notification as set forth above, it is Kendra Scott’s policy to: (a) review the request; (b) remove or disable access to the infringing Content; (c) notify the provider of the Content that it has removed or disabled access to such Content; and (d) terminate repeat infringers’ access to the Sites.

If you receive a notification of alleged copyright infringement and believe that the claim is erroneous, you may submit a counter-notification to Kendra Scott’s Designated Agent within thirty (30) days of the date the Content was removed from the Sites. A counter-notification must be a written communication that includes substantially the following:

  • • Identification of the material that has been removed or disabled and its location (e.g., URL);

  • • Your name, address, telephone number, and e-mail address;

  • • A statement "under penalty of perjury" that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and

  • • Your signature or the electronic equivalent.

 

Upon receipt of a counter-notification in accordance with the above, Kendra Scott shall promptly provide the complaining party with a copy. The complaining party shall have within ten (10) business days to inform Kendra Scott that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity on the website. If Kendra Scott receives such notification within ten (10) business days, Kendra Scott shall not replace the removed Content or cease disabling access to it. If Kendra Scott does not receive such notification from the complaining party that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity on the website, then Kendra Scott shall replace the removed Content or cease disabling access to it within four (4) business days following the expiration of the ten (10) business day deadline.

In accordance with the DMCA and other applicable law, it is Kendra Scott’s policy, in appropriate circumstances and in its sole discretion, to terminate access to the Sites of any user that Kendra Scott finds to be a repeat infringer. Kendra Scott reserves the right to define the criteria by which Kendra Scott will determine that a user is a "repeat infringer."

If you believe that a user is a repeat infringer, please follow the instructions above to contact Kendra Scott Designated Agent and provide information sufficient for us to verify that the user has been determined to be in violation of the DMCA repeatedly.

 

MODIFICATION AND TERMINATION

We reserve the right to modify or discontinue the Sites at any time, with or without notice to you. For example, we may add or remove functionality or features, and we may suspend or stop a particular feature altogether. If you don’t like any changes, you can stop using the Sites at any time. You agree that Kendra Scott shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Sites. You acknowledge that Kendra Scott reserves the right to deactivate accounts, cancel orders, and/or refuse to accept orders from users that violate the Terms or for such other reason as determined by Kendra Scott.

 

SOCIAL NETWORKS

The Sites may include features that operate in conjunction with certain third-party social networking websites that you visit, such as Facebook, Pinterest, Instagram, YouTube, and Twitter ("Social Network Features"). While your use of the Social Network Features is governed by these Terms, your access and use of third-party social networking sites is governed by the terms posted on those sites. You are responsible for ensuring that your use of those sites complies with any applicable terms of service or other agreements.

 

OUR WARRANTIES AND DISCLAIMERS

We provide the Sites using a commercially reasonable level of care, but there are certain things that we cannot guarantee.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, KENDRA SCOTT DOES NOT MAKE ANY SPECIFIC PROMISES ABOUT THE SITE. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT ON THE SITE, THE SPECIFIC FUNCTIONS OF THE SITE, OR ITS RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SITE "AS IS". SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

 

LIABILITY FOR OUR SERVICES

EXCEPT WHERE PROHIBITED, KENDRA SCOTT SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SITES OR ANY THIRD PARTY’S USE OF THE SITES. THESE EXCLUSIONS INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, COMPUTER FAILURE, OR THE VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY, EVEN IF KENDRA SCOTT HAS BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED.

 

DISPUTES

You and Kendra Scott agree that any dispute arising out of or in any way related to the Sites, Kendra Scott products, or the services provided by Kendra Scott or its affiliates whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises, including any dispute or claim as to the application, enforceability, scope, or interpretation of this agreement to arbitrate, shall be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief, or statutory damages), and must follow these Terms. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE TERMS, YOU AND Kendra Scott ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.

Arbitration shall be administered by the Judicial Arbitration and Mediation Services, Inc. ("JAMS"), pursuant to the most-current JAMS Streamlined Arbitration Rules & Procedures, and conducted by a single, neutral arbitrator. Arbitration shall take place by phone, unless an in-person hearing is requested by either party. In that case, the hearing shall take place in Travis County, Texas. To the extent this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (the "Minimum Standards"), the Minimum Standards in that regard will apply.

Disputes may also be referred to another arbitration organization if you and Kendra Scott agree in writing, or to an arbitrator appointed pursuant to Section 5 of the Federal Arbitration Act.

We each agree that any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

 

ADDITIONAL DETAILS

We may modify these Terms at any time, so be sure to check back regularly. By continuing to use or log in to the Sites after these Terms have changed, you indicate your agreement to the revised Terms. If you do not agree to the changes, you should stop using or logging in to the Sites and refrain from any services provided by or at the request of Kendra Scott.

The Sites may contain links to third-party websites. That doesn’t mean that we control or endorse those websites, or any goods or services sold on those websites. Similarly, the Sites may contain ads from third-parties. Kendra Scott does not control or endorse any products being advertised.

When you use the Sites or send communications to Kendra Scott through the Sites, you are communicating with us electronically. Similarly, you consent to receive communications related to your use of the Sites from us electronically. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from Kendra Scott to you shall be deemed delivered and effective when sent to the e-mail address you provide to us.

If you do not comply with these Terms, and we don’t take action right away, that does not constitute a waiver, and we do not give up any rights that we may have (such as taking action in the future).

These Terms are governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws rules. Except as provided in Section 26, you expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms and/or your use of the Sites resides in the courts located in Austin, TX, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. If it turns out that a particular provision in these Terms is not enforceable, that will not affect any other provision.

 

CUSTOMER SERVICE

For any inquiries, please contact Customer Service via email at service@kendrascott.com or by phone 866-677-7023 Monday – Sunday 8am – 5pm CT.

Last Updated January 20, 2021

 

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