The Backlace by Cheri - Policies, Legal and Copyright Information

Terms of Use

Here at www.TheBacklace.com we truly appreciate your business and hope that you will find the site enjoyable, useful, and unique. YOU SHOULD READ THE FOLLOWING INFORMATION BEFORE USE OF THIS SITE. This site will serve you well when the simple rules that govern the site are followed. Please read these terms and note that by using the site, you are agreeing to follow and be bound to its terms. If, at any time, a change is made to the terms, you agree to follow and be bound to all of the changes. Please visit this page regularly to ensure that you are familiar with the current terms of use. If there are any questions regarding any of these policies, contact us.

Product Availability

The Backlace^® by Cheri products available for purchase will be filled and shipped according to stock and product availability, unless special ordered or back ordered. We work very hard to provide you with unique and inspired designs, therefore if you have any concerns or questions about the quantity available per item, please feel welcome to contact us.

Changes and Cancellations

TheBacklace.com reserves the right to discontinue or change product specifications and prices without prior notice. Products are available while supplies last, unless backordered. Inadvertent errors in advertised prices are not binding, and may be adjusted at any time. Your placing an order and your receipt of an order confirmation do not constitute final acceptance of an order. Certain information may need to be confirmed prior to accepting your order. Your order, or any portion thereof, may be declined even after your receipt of an order confirmation.

Pricing and Sales Tax

The prices listed on the website are quoted in United States dollars. State, local, and county taxes are charged, as required by applicable laws.

Colors

We have made every effort to display the colors of the gemstones used in our designs as accurately as possible. The actual colors that you will be viewing will depend on your computer equipment, and we cannot guarantee that your computer will display color accurately.

Indemnification

By purchasing a Backlace^®,or any product on the site, you agree to indemnify, defend, and hold harmless "The Backlace^® by Cheri", it's officers, directors, employees, agents, affiliates, licensors, and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to you or to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Accuracy of Content and Disclaimer

The material contained in this website has been checked for accuracy. However, TheBacklace.com makes no warranties or representations as to its accuracy and it is supplied without any expressed or implied warranties. Without limiting the foregoing, everything on the site is provided to you "AS IS" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Site visitors should check local laws for any restrictions or limitations regarding the exclusions of implied warranties. This site and all information contained in the site are subject to change, without prior or subsequent notice, at any time.

Links

TheBacklace.com contains links to other Internet sites. We are not responsible for any of the information, content, or material contained in, or obtained through, any of the sites. Any questions concerning information or comments relating to other such sites should be addressed to that site specifically.

Copyright, Trademark, and Other Intellectual Property Protection

The name The Backlace^® by Cheri and all other related marks depicted in the site, whether registered or unregistered, are trademarks or service marks owned by Cheri and Daniel Hayden in the US and in other countries. Copyright in the documents and material in this site is owned by or licensed to TheBacklace.com. You are authorized to use this material only for personal, non-commercial purposes. You may download, print and store copies of this material for your own personal, non-commercial use. The images of people or places displayed on the site are either the property of, or used with permission of, TheBacklace.com. The uses of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these terms and conditions or specific permission provided elsewhere on the site. Any unauthorized use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Nothing contained on the site should be construed as granting, by implication or otherwise, any license or right to use any trademark or service mark displayed on the site without the written permission of TheBacklace.com or any third party that may own the trademarks or service marks displayed on the site. TheBacklace.com will aggressively enforce its intellectual property rights to the fullest extent of the law. This site as a whole, and all material on this site, is protected by copyright and other intellectual property rights.

Official Cheridan Couture Jewelry, Inc. Retailer Distribution Policy

Effective January 2005

Cheridan Couture Jewelry, Inc. presents the following policy statement as a requisite for a retailer to be considered an "Authorized Cheridan Couture Jewelry, Inc. Retailer".

A. Becoming An Authorized Cheridan Couture Jewelry Retailer

Retailers currently on our records and new accounts are considered authorized deals only if they are in strict compliance with our policies identified and have not been "de-listed" by Cheridan Couture Jewelry, Inc. Under no circumstances will Cheridan Couture Jewelry, Inc. authorize internet only resellers. These types of establishments cannot promote and service our products in any manner that maintains our high quality image and untarnished reputation. Internet sales from an authorized retail store are permitted as long as the retailer complies with all terms contained in this policy including the MSRP.

Under no circumstances can retailers promote Cheridan Couture Jewelry, Inc. on internet auction sites, such as "E-bay" or "Yahoo".

Trans-shipping of our product is prohibited. A retailer is granted distribution rights for geography deemed in the best interests of each party. Trans-shipping disrupts these interests and retailers will be terminated if found doing so for any reason, unless otherwise expressed in writing by Cheridan Couture Jewelry, Inc.

To remain an Authorized Retailer, retailers must maintain a good credit standing with Cheridan Couture Jewelry, Inc. Good credit standing is accomplished by paying balances within terms if you are an open credit account. Also, by accepting deliveries as they are shipped, you are a COD customer. Balances past due or delinquent accounts that frequently refuse shipments will be forfeit Authorized status.

As indicated on our price lists, Cheridan Couture Jewelry, Inc. reserves the right not to do business with retailers that sell below the MSRP on our products.

Authorization as a Cheridan Couture Jewelry, Inc. retailer is automatically terminated when ownership or store location changes. New ownership or prospective store relocation requires re-application to become a Cheridan Couture Jewelry, Inc. retailer.

A retailer is not assured of an exclusive market and additional retailers may be appointed by Cheridan Couture Jewelry, Inc. in the same or adjacent markets at any time.

Cheridan Couture Jewelry, Inc. reserves the right at any time, in its sole discretion, to cease selling to any retailer.

Retailers that chose not to comply with the distribution policies of Cheridan Couture Jewelry, Inc. will be "de-listed" from our account base.

B. Maintenance of Cheridan Couture Jewelry, Inc. Image:

Cheridan Couture Jewelry, Inc. will maintain the highest level of standards for advertising and promotion of all of our collections. Any images found on the Cheridan Couture Jewelry, Inc. website, catalogs, print ads, or television is the sole property of Cheridan Couture Jewelry, Inc. These images and content are protected under federal and state copyright, trademark, and unfair competition laws and may not be used without written consent from Cheridan Couture Jewelry, Inc. Use of these materials may be requested by contacting Cheridan Couture Jewelry, Inc. advertising department and filling out a short form.

All advertising conducted by retailers must be tasteful and reinforce the reputation and image of Cheridan Couture Jewelry, Inc.

Cheridan Couture Jewelry, Inc. will only authorize retailers is our products are sold from establishment which are commercially recognized and licensed as legitimate retailers.

C. Product Representation Requirements:

Cheridan Couture Jewelry, Inc. has no retail establishment of its own and must maintain fair representation in the retail stores at all times. Unsavory and low assortments of product will not permit proper merchandising and selection for the end consumer. Cheridan Couture Jewelry, Inc. sales representatives have been instructed to only choose stores that will fairly display our product, in the best interest of both parties.

D. Retailer Pricing of Cheridan Couture Jewelry, Inc.

Cheridan Couture Jewelry, Inc. recognizes that the retailer has the right to set prices for products in their stores. However, we possess the right to determine the terms and conditions under which we will grant distribution rights to retailers requesting to sell our product. Cheridan Couture Jewelry, Inc. will determine if the marketing philosophies of a retailer match the image that we wish to portray, part of that image relates to retail prices charged for Cheridan Couture Jewelry.

Each retailer can set its pricing structure and should recognize that a fair mark up is necessary to provide gross profit for the store to adequately stock and promote Cheridan Couture Jewelry, Inc. We believe that fair and reasonable marketing prices maintain the image and reputation of Cheridan Couture Jewelry, Inc. The absence of this reasonable selling price could blemish our image and marketability.

As set forth in the price lists for each of our collections, Cheridan Couture Jewelry, Inc. has established a MSRP. Cheridan Couture Jewelry, Inc. reserves the right to decide unilaterally not to do business with any retailer that discounts below the MSRP, except in the following situations:

*Styles that have been discontinued by Cheridan Couture Jewelry, Inc. can be sold at any price but must be marked "Discontinued".

*Store promotions can be conducted but prices can not be discounted more than 10% below MSRP. Promotions specifically designed to discount Cheridan Couture Jewelry, Inc. items in excess of 10% will be considered violation of our MSRP policy. Cheridan Couture Jewelry, Inc. must pre-approve any in-store promotions that result in any discount below MSRP.

Cheridan Couture Jewelry, Inc. representatives and office staff cannot discuss pricing issues affecting a retail store or any retailer. Please do not contact any Cheridan Couture Jewelry, Inc. employees, as they have been instructed not to comment.

Cheridan Couture Jewelry, Inc. will determine if any retailer is in violation of this policy.

SUMMARY

Cheridan Couture Jewelry, Inc. will be selective in its choice of retailers. This effort is to ensure that our retail stores are protected as are their investments in our products. Cheridan Couture Jewelry, Inc. reserves the right to "de-list" any retailer who is in violation of this policy.

Selling Pointers & Plan-o-gram

The following consists of helpful hints about selling and displaying your Backlace® purchase:

Selling Pointers:

Stress the uniqueness of the focus being on the back, rather than the typical necklace that focuses on the front.
If possible, have sales staff wear a Backlace^® with matching earrings.
Being that Backlace^® Jewelry is a new concept, explain and show pieces to every customer; this is key to selling The Backlace^®.
State that due to intricate beadwork, every piece is hand-made using only high quality gemstones, pearls, Swarovski crystals, and Italian 925 Sterling silver.
Always refer customers to the website, www.TheBacklace.com or www.Backlace.com for more information and complete care instructions.
Backlace^® Jewelry is NOT limited to clothing with open backs.

“The Bridal Collection”

A Backlace^® looks fabulous with most styles of gowns; strapless, spaghetti straps, halters, corseted, etc.

For Brides-To-Be, mention that The Backlace^® will shimmer through a veil and while at the alter guests will notice the jewelry, since her back will be facing them throughout the ceremony.
While dancing at the reception, guests will see The Backlace^®.

It also gives the photographers an interesting photograph, since they

typically take pictures of the back of the gown.

Brides can purchase Backlace^® Jewelry as a gift for bridesmaids and mothers in colors to match their gowns.
Remind them that Backlace^® Jewelry can be worn anytime, not just at the wedding.

“The Casual Collection” and “The Couture Collection”

There is a Backlace^® to match every current fashion trend.
PittsburghFashion.com recently awarded The Backlace^® as the “must have” accessory.
Backlace^® Jewelry is not limited to a season or an occasion.
Backlace^® Jewelry comes in a myriad of colors and gemstones.
High-end pieces and custom pieces can be ordered and created per request.

“The Equestrian Collection”

Available styles include “Horse theme”, “English”, “Western”, “Dressage”, and “Fox Hunting”.
Items include: Equestrian Backlace^® Jewelry, earrings, bracelets, anklets, necklaces, and hair ties.
Custom hand-made Horse-tail Bracelet Instructions:

Clean horses’ tail hair. Do NOT apply Show Sheen or any other similar products.

Band a quarter-sized portion of tail hair in an inconspicuous place on the tail.

Cut above the band a piece that should be approximately 15 inches long.

Place banded tail hair into plastic bag and return to the store where it was ordered.

Store will contact Cheridan Couture Jewelry, Inc. with order information.

Specify length of bracelet needed (7in. is standard if no length is provided).

Specify color of desired accent beads to be attached at the clasp.

Allow two to three weeks for finished product.

Pick up finished Bracelet where order was placed when store contacts you.

Shown above: MB Bride’s display of “The Bridal Collection” w/earrings and framed photo.

Displaying Pointers:

Above is an example of “How To Display” your purchase. This is an example from our prototype store, MB Bride in Greensburg, PA.
Fine jewelry stores may request the above “Photo Display Card” which is hung from a standard peg. They may also use miniature velvet covered black forms, as shown below:

Place in a high traffic area of the store or display window, it will lure curious customers into the store.
Matching earrings on custom earring cards should be hung next to The Backlace^® or displayed on earring tree (as shown above and also on the left).

Shown to the left: Pink Swarovski Crystal Backlace^® w/ matching earrings.

A picture(s) will be provided for framing or hanging in your display area.