Terms and conditions

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Shipping and Returns

We generally ship within two business days of receipt of your order via USPS First Class in a small padded envelope. We use calculated rates for shipping, around $4 within the US. You can upgrade to Priority Mail service in a small flat rate box for an additional cost. 

Orders over $35 ship FREE First Class to US addresses.

International. We will happily ship around the world, via USPS First Class International. You can upgrade to Priority Mail in a small flat rate box for an additional cost. Please note that you are responsible for any additional fees that may be charged at customs. Every so often a package can get stuck in customs, and we cannot be responsible for these delays.

Return Policy

If for any reason, you are not satisfied with your purchase, please contact us. It may be returned, postage paid and insured in its original condition within 14 days from date of receipt of merchandise. Buyer is responsible for all shipping charges. Please give us your reason for any returns so that we may better serve you in the future. Please see below for more details.

Payment Method

We keep your payment information secure. We never directly receive nor keep your credit card information.

Direct Checkout via Credit Card or PayPal are preferred, however we are open to accepting Money Orders or Personal Checks if necessary. Please contact us if you would like to use another payment method besides a Credit Card or PayPal, and we will send an invoice via email. Shipment must wait until checks have been received and cleared our bank.

Wholesale Inquiries

The products and pricing in our shop are open to the public; however, we are open to wholesale inquiries for quantity and/or bulk purchases. If you have a resale number and business license and you would like to purchase a quantity of product that you see here or in addition to what you see on our site, please contact Helen to work out a wholesale discount.

Additional Terms and Conditions

Website owner, the offering, and binding of Terms

This website is owned and operated by Out of Our Mines, Esmeralda Turquoise Company, and Richard and Helen Shull. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors information on natural gemstones and access to purchase said stones, jewelry, and related products. By accessing or using our website, you approve that you have read, understood, and agree to be bound by these Terms.

Who can use our website; what are the requirements to create an account

In order to use our website and/or receive our products, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive products or services if doing so is prohibited in your country or under any law or regulation applicable to you.

Key commercial Terms offered to our customers

When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.

The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.

Return and refund policy

For any undamaged product, simply return it with its included accessories and packaging along with the original receipt (or gift receipt) within 14 days of the date you receive the product, and we will exchange it or offer a refund based upon the original payment method. In addition, please note the following: (i) Products can be returned only in the country in which they were originally purchased; and (ii) the following products are not eligible for return: saw blades or rough material that has been worked in any way by the purchaser.

Warranties & responsibility for services and products

When we receive a valid warranty claim for a product purchased from us, we will provide a full refund upon the prompt return of the product to us. Repairs and/or exchanges may be considered where we consider them appropriate and with full and clear communication with the purchaser. We will pay for shipment of repaired or replaced products to customer and customer will be responsible for return shipment of the product to us.

Retention of right to change offering

We may, without prior notice, change the products; stop providing the products or any features of the products we offer or features our site offers; or create limits for any services we offer. We may permanently or temporarily terminate or suspend access to the products and services without notice and liability for any reason, or for no reason.

Ownership of intellectual property, copyrights and logos

The website and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Out of Our Mines, Esmeralda Turquoise Company, and Richard and Helen Shull. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

Right to suspend or cancel user account

We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment.

We may, without prior notice, change our products or services; stop providing the products or services or any of the features of the products or services we offer; or create limits for the products or services. We may permanently or temporarily terminate or suspend access to the products or services without notice and liability for any reason, or for no reason.

Indemnification

You agree to indemnify and hold Out of Our Mines, Esmeralda Turquoise Company, or Richard or Helen Shull harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the products or services offered on the website.

Limitation of liability

To the maximum extent permitted by applicable law, in no event shall Out of Our Mines, Esmeralda Turquoise Company, or Richard or Helen Shull, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, this website or our products.

To the maximum extent permitted by applicable law, Out of Our Mines, Esmeralda Turquoise Company, or Richard or Helen Shull assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our website or products; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

Right to change and modify Terms and Consent

We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review this page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms via an update at the top of this page. Your continued use of the Website after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website.

Promotional emails and content

You agree to receive from time to time promotional messages and materials from us, by mail or email. If you don’t want to receive such promotional materials or notices – please just notify us at any time at info@OutofOurMines.com or send us mail to: P.O. Box 314, Dyer, NV 89010.

Preference of law and dispute resolution
These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of [United States of America / Nevada], without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in [Goldfield, Nevada]. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

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