Welcome to the Plukka website ("Site"). By accessing, using or purchasing from the Site, you are agreeing to comply with and be bound by the following terms and conditions of use ("Terms"); these Terms incorporate our Privacy Policy and together govern Plukka’s relationship with you in relation to this Site and any services and products offered here. If you do not agree to be bound by these Terms, you may not use our Site in any way.
We reserve the right to change or modify any of these Terms or any policy or guideline of the Site at any time in our sole discretion. Any change or modification will be effective immediately upon posting of the revisions on the Site. Your continued use of the Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review these Terms and any other applicable policies from time to time to understand the terms and conditions that apply to your use of the Site.
The term "Plukka", "we", "our" or "us" refers to the owner of this Site, Plukka (USA) Inc. whose registered address is: 1001 Avenue of the Americas, Suite 1220, 12th Floor, New York, NY 10018, USA. The term "you" or "your" refers to the user or viewer of our Site.
Please click here to review our Privacy Policy, which also governs your visit to our Site, to understand our practices.
When you visit Plukka or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
The purchase of merchandise through Plukka is not available to minors under the age of 18 or to any users suspended or removed from the system by Plukka for any reason. If you are under 18, you may use the Site only with the involvement of a parent or guardian. We reserve the right to refuse service, terminate accounts, remove or edit content or cancel orders in our sole discretion
The Site is available only to individuals and others who meet the Plukka terms of eligibility, who have been issued a valid credit card by a bank acceptable to Plukka, whose applications are acceptable to Plukka and who have authorized Plukka to process a charge or charges on their credit card in the amount of the total purchase price for the merchandise which they purchase. If you do not qualify, you may not use the Site.
Plukka grants you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of Plukka. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without the express written consent of Plukka. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of Plukka without the express written consent of Plukka. You may not use any meta tags or any other "hidden text" utilizing Plukka’s name or trademarks without the express written consent of Plukka. You may not bypass any measures used by Plukka to prevent or restrict access to the Site. Any unauthorized use terminates the permission or license granted by Plukka. You are granted a limited, revocable and nonexclusive right to create a hyperlink to the Site so long as the link does not portray Plukka, its associates or their products or services, in a false, misleading, derogatory or otherwise offensive manner. You may not use any Plukka logo or other proprietary graphic or trademark as part of the link without the express written permission of Plukka.
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, SOFTWARE AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY PLUKKA ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. PLUKKA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, SOFTWARE OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PLUKKA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PLUKKA DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS, SOFTWARE OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; ITS SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM PLUKKA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL PLUKKA, ITS DIRECTORS, MEMBERS, EMPLOYEES, CONSULTANTS OR AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, SOFTWARE OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING (EVEN IF PLUKKA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify and hold harmless Plukka, its independent contractors, service providers, employees, directors, agents, licensors, suppliers and consultants from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, attorneys' fees) arising out of or related to any breach of the Terms by you or any other liabilities arising out of your use of this Site or the use by any other persons accessing this Site using your Internet account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder. This defense and indemnification obligation will survive these Terms.
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and you agree to accept responsibility for all activities that occur under your account or password. You must notify Plukka immediately of any breach of security or unauthorized use of your account.
In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States, Hong Kong or other applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself, including payment details, as prompted by the Site's registration form and payment process. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete) or Plukka has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Plukka has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
Plukka reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address and to contact you directly to seek confirmation of your identity and/or order details. Users may not have more than one active account. Additionally, users are prohibited from selling, trading or otherwise transferring your Plukka account to another party.
Plukka advertises a product for sale on the Site for a pre-determined time period during which a customer may place an order for that product (a sales "Event"). A customer may only place an order for the advertised product while the Event is open. Once the Event ends, no more orders will be accepted.
By placing an order ("Order"), which requires you to complete the online checkout process, you are committing to purchase the selected item(s). Once committed, customers cannot cancel their Order as this would be unfair to other subscribers to the Event. Should you be dissatisfied in any way with your purchase, you may apply to return your purchase and receive a refund. Please refer to Plukka's Return Policy.
Upon receiving your Order, we will send you an email acknowledging the details of your order ("Order Acknowledgment Email"). This email is NOT an acceptance of your order, just a confirmation that we have received it.
At the end of the Event, and not before, your Order will either be confirmed or canceled. If we have received a sufficient number, as determined in our sole discretion, of Orders during the Event, we will confirm your Order ("Order Confirmation") and commence manufacture of the item. You will receive the Order Confirmation by email with the final sale price and an estimated delivery time ("Order Confirmation Email"). Not all products offered for sale will achieve sufficient demand or meet the requirements to confirm the Order. You will be notified by email if an Order is canceled ("Order Cancellation Email").
Any Orders placed on this Site constitute a binding offer by you to conclude a purchase with Plukka for the selected item(s) at or below the price for such item(s) shown on our Site at the time the Order is placed. Our decision to send you the Order Confirmation Email constitutes our acceptance of your offer to purchase and forms a binding agreement. The final decision whether to confirm or cancel an Order lies solely with Plukka.
We reserve the right not to accept your Order at our discretion, for example, if we are unable to obtain authorization for payment, if your card issuer refuses payment, if shipping restrictions apply to a particular item, if the item ordered cannot be manufactured for any reason or does not satisfy our quality control standards and is withdrawn or if you do not meet the eligibility criteria set out within the Terms. We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by doing so.
Items that are in your shopping basket are not considered Orders until you have completed the checkout process and the current offer price has been authorized on a valid credit card.
If an Order is canceled, you may be given an option to be notified if the same product is advertised for sale in future. This service is intended as a convenience only and does not guarantee that the product will be made available for sale again nor does it guarantee that a future Order will be confirmed and manufactured.
You will be able to check the status of your Orders by signing into My Account on the Site. Care will be taken to ensure that the information is accurate and up-to-date. Please contact our customer support with any enquiries. Plukka will store a record of your transactions for a minimum of one year.
Plukka offers products for sale in a time-limited, online Event. As customers place Orders during the Event, the price of an item may decrease. The final sales price of an item can only be confirmed after the particular Event ends. The price of an item will not rise above the level at which you placed your Order though the price may decrease depending on order volume and various incentives and discounts that may accrue over the duration of a sales Event.
Regardless of the time or price at which you place an Order, each customer who places an Order during the Event will enjoy the same, final price for the product, less any applicable discounts (which may vary from customer to customer in accordance with our referral program and discount policy below).
Prices shown on the Site are in US Dollars. If you are accepting delivery of your Plukka purchase within the State of Texas, we will pay the sales tax directly and will email you a statement verifying payment thereof.
Despite our best efforts, a small number of the items on our Site may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before manufacturing or cancel your order and notify you of such cancellation.
Product prices are set prior to each Event using existing currency exchange rates and commodity price indices. Should the applicable currency exchange rate or commodity price indices change significantly by the time the Event ends, Plukka reserves the right to withdraw the item from sale.
If you are a customer whose credit card is not denominated in US Dollars, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction. This is determined by your card issuer, not Plukka.
If you have placed or are placing an Order, you may refer a friend during or after checkout, but before the Event ends. For each referral you make, you will accrue a 2% discount, capped at 10%, on the first item that you Order in that particular Event. If a friend that you referred to that Event places an Order in the same Event before it ends, you will receive an additional 10% discount on the first item that you Order in that Event. The maximum aggregate discount you may receive (inclusive of referring friends and friends placing an Order in the same Event) is capped at 40% for the first item you order in an Event. The discounts are only valid for the event in which they accrued and will be lost if the Order is canceled.
Please feel free to contact our customer support if you have any questions.
Payment can be made by Visa, MasterCard, AmericanExpress, and Discover credit cards. Payment will be transferred from your credit card account upon Order Confirmation by Plukka. You confirm that the credit card that is being used is yours or that you have been specifically authorized by the owner of the credit card to use it. All credit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to Plukka, we will not be liable for any delay or non-delivery.
The purchase price for the products you order is due upon Order Confirmation. Plukka will charge the credit card account you identified when you placed your Order for the amount of the purchase price (less applicable discounts), shipping and taxes, if any.
We take reasonable care to make our Site secure. All credit card transactions on this Site are processed using Authorize.net, a secure online payment gateway that encrypts your card details in a secure host environment. If you are a registered Plukka user, we will securely store your credit card details on our system, though, for security reasons, you will be asked to reenter you CSV code each time you make a purchase. These details will be fully encrypted and only used to process card transactions which you have initiated.
Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your Orders and payment secure, but in the absence of gross negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.
Each Order of Plukka jewelry delivered to a single location within the United States or Hong Kong will have a flat shipping rate of US$20 per Order, regardless of the number of items in the Order, via express mail service. This cost includes insurance, tax and charges. Each piece of jewelry will arrive in its own individual packaging.
We have made every effort to ensure that the visual depiction of our products on the Site is as accurate and complete as possible. In order to give you the opportunity to view our products in great detail, some products may appear larger or smaller than their actual size in our photographs; and since every computer monitor is set differently, color and size may vary slightly. If you are not satisfied with your Plukka product, you are entitled to return it as laid out in our Returns policy.
Our objective is to provide you with as much information and detail about your prospective purchase as possible so that you can see the beauty and shape of a particular item. In compliance with industry standards and FTC regulations, Plukka states that carat total weight in all purchases may vary 0.05 carats from stated weight.
Plukka reserves the right to change prices, terms, specifications and warranties for products on this Site at any time without prior notice. Plukka attempts to post accurate information but errors may sometimes occur. Any such errors in product specifications, descriptions and pricing will be corrected when discovered and Plukka reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions, including after an order has been submitted.
You use this Site at your sole risk. You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on this Site. We reserve the right to deny you access to this Site, or any part of this Site, at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users or otherwise violated the Terms, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.
Plukka insures each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example, as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by Plukka and transfer of responsibility in the same way.
Please note that we aim to deliver within the estimated delivery window declared for each order. Estimated delivery times are to be used as a guide only and commence from the date of dispatch. We are not responsible for any delays caused by destination customs clearance processes.
Plukka does not take title to returned items until the item arrives at our returns center.
Plukka jewelry can be returned for a full refund if these Terms are met. We do not, however, provide exchanges and replacements because every piece of jewelry is manufactured on demand.
Eligibility
All items must be returned in as-sold condition, unworn, in original packaging and cannot be accepted if any tags on the piece of jewelry have been removed.
Timing Restrictions
If you wish to return an item, you must register your intention to return the item and ship the item back to us within 30 days of delivery. To register your intention to return the item, please call our customer support center at 888 482 4424.
Return Shipping Costs
You are responsible for arranging the secure shipment of the item back to our returns center, and bearing the cost of return shipping. We highly recommend that you ensure the returned item is adequately and securely packaged and insure your shipment, as the item remains entirely your responsibility until it is received in satisfactory condition at our returns center. However, once your return is accepted, you will be fully refunded your original purchase price and the original shipping cost of US$20.
Return Procedure:
We may include hyperlinks on this Site to other sites or resources operated by parties other than Plukka, including advertisers. Plukka has not reviewed all of the sites linked to this Site and is not responsible for the content or accuracy of any off-Site pages nor are we responsible for the availability of such external sites or resources and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such sites, including (without limitation) any advertising, products or other materials or services on or available from such sites or resources, nor for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
You agree that we may modify these Terms and any other policies on our Site at any time and that posting the modified Terms or policies on our Site will constitute sufficient notice of such modification. You understand that it is your responsibility to check the Terms regularly for changes.
Plukka is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the services which Plukka provides may change from time to time without prior notice to you. You further acknowledge and agree that Plukka may stop (permanently or temporarily) providing services (or any service features) to you or to users generally at Plukka’s sole discretion without prior notice to you.
All content included on this Site, including but not limited to, the "look and feel" of the Site, data files, graphics, text, photographs, drawings, logos, images, sounds, music, video or audio file and software (all the "Content"), is the exclusive property of Plukka or its content suppliers. You acknowledge and agree that your use of the Site and its contents grants no rights to you in relation to any copyrights, designs, trademarks, patents and all other intellectual property and material rights relating to the Content. All such Content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Site are protected by federal and state laws and regulations and international treaty provisions. You are permitted to use the Content only as expressly authorized by Plukka and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use. This Site is for your personal non-commercial use only.
Plukka’s trademarks and trade dress may not be used in connection with any product or service that is not Plukka’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Plukka. All other trademarks not owned by Plukka or its subsidiaries that appear on this Site are the property of their respective owners who may or may not be affiliated with, connected to or sponsored by Plukka or its subsidiaries.
Any dispute relating in any way to your visit to this Site or to products you purchase through Plukka shall be submitted to confidential arbitration in the State of New York, except that, to the extent you have in any manner violated or threatened to violate Plukka’s intellectual property rights, Plukka may seek injunctive or other appropriate relief in any state or federal court in the State of New York, and you consent to exclusive jurisdiction and venue in such courts and waive any claim or defense of inconvenient forum or lack of personal jurisdiction in such forum under any applicable law or decision or otherwise. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
The Terms, and your relationship with Plukka under the Terms, shall be governed by the laws of the State of New York, without regard to the conflict of law principles thereof.
Rights Not Waived: You agree that if Plukka does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Plukka has the benefit of under any applicable law), this will not be taken to be a formal waiver of Plukka’s rights and that those rights or remedies will still be available to Plukka.
Severability: If any of these Terms are deemed invalid, void or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Headings: Headings are for reference purposes only and do not limit the scope or extent of such section.
No Third-Party Beneficiaries: Except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to the Terms.
Entire Agreement: The Terms constitute the entire agreement between you and Plukka and governs your use of the Site, superseding any prior agreements between you and Plukka with respect to the Site.
Conflict: If the Terms conflict with any other documents, the Terms will control for the purposes of usage of the Site.
Survival: Notwithstanding any other provisions of these Terms, or any general legal principles to the contrary, any provision of these Terms that imposes or contemplates continuing obligations on a party will survive the expiration or termination of the Terms.
If you have any questions, please do not hesitate to contact one of our customer support representatives at cs@plukka.com or 888 482 4424.