SMS Terms

FALLON GEMS SMS TERMS AND CONDITIONS

Last updated: October 11, 2026

These SMS Terms and Conditions govern text messages sent by Fallon Gems LLC. By providing your mobile phone number and selecting the SMS consent box, you agree to these terms.

  1. Program Description

The Fallon Gems LLC SMS program provides transactional assistance related to orders and deliveries. Messages may include address confirmation requests, carrier delivery issues, tracking information, post office pickup instructions, and steps needed to prevent a package from being delayed or returned.

This SMS program is not used for promotional or marketing messages.

  1. Consent to Receive Messages

By voluntarily providing your mobile phone number and selecting the SMS consent box, you give Fallon Gems LLC permission to send you text messages relating to your order or delivery.

Consent to receive text messages is not required as a condition of purchasing a product. You confirm that you are the subscriber or authorized user of the mobile number provided and that you are authorized to give this consent.

  1. Message Frequency and Charges

Message frequency varies based on whether assistance is needed with your order or delivery. Most customers will receive messages only when a delivery issue occurs.

Message and data rates may apply according to your mobile carrier and service plan. Fallon Gems LLC does not charge a separate fee for participating in this SMS program.

  1. How to Stop Messages

You may withdraw your consent at any time by replying STOP, CANCEL, END, QUIT, UNSUBSCRIBE, or OPT OUT to any message.

After requesting cancellation, you may receive one final message confirming that you have been removed. No additional messages will be sent unless you provide consent again.

Stopping text messages does not cancel your order. You will need to contact Fallon Gems LLC through another available method if assistance is still needed with your delivery.

  1. Help and Support

Reply HELP for assistance or email support@fallongems.com.

Customer support hours are Monday through Thursday from 6:00 AM to 12:00 PM Pacific Time. Messages and responses may occasionally be sent outside these hours during high volume periods or when time sensitive delivery assistance is needed.

  1. Mobile Carriers and Delivery

Mobile carriers are not responsible for delayed or undelivered messages. Text message delivery may be affected by carrier availability, network conditions, device settings, or other circumstances outside the control of Fallon Gems LLC.

Fallon Gems LLC does not guarantee that every message will be received within a specific period of time.

  1. Accurate Information

You agree to provide a valid mobile number that belongs to you or that you are authorized to use. If your number changes or is reassigned, you agree to notify Fallon Gems LLC or cancel your participation before discontinuing use of the number.

You agree not to provide a phone number belonging to another person without their permission.

  1. Privacy

Fallon Gems LLC will handle your phone number and related information according to the Fallon Gems Privacy Policy.

Your mobile information will not be sold or shared with outside parties for their own marketing purposes. Information may be provided to service providers that help Fallon Gems LLC operate the SMS program, process orders, support deliveries, or comply with legal requirements.

  1. Program Changes or Termination

Fallon Gems LLC may modify, suspend, or discontinue the SMS program at any time. Material changes to these terms will be posted on the Fallon Gems website with an updated effective date.

  1. Disclaimer

The SMS program is provided as available and without guarantees regarding uninterrupted operation, timing, accuracy, availability, or successful delivery.

To the fullest extent allowed by law, Fallon Gems LLC is not responsible for losses resulting from delayed, failed, misdirected, or incomplete text messages, carrier interruptions, incorrect phone numbers, unauthorized access to a mobile device, or a customer’s failure to review or respond to a message.

Nothing in these terms limits responsibility that cannot legally be limited, including responsibility arising from fraud, willful misconduct, gross negligence, or rights that cannot legally be waived.

  1. Limitation of Liability

To the fullest extent permitted by law, Fallon Gems LLC will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from or connected with the SMS program.

The total liability of Fallon Gems LLC for any claim arising from the SMS program will not exceed the greater of one hundred dollars or the amount paid for the order directly connected to the claim.

Some jurisdictions do not permit certain liability limitations. In those jurisdictions, the limitations in this section apply only to the extent permitted by law.

  1. Informal Dispute Resolution

Before beginning arbitration or filing a claim, you and Fallon Gems LLC agree to attempt to resolve the dispute informally for at least thirty days.

A written notice describing the dispute and requested resolution must be sent to support@fallongems.com.

  1. Binding Individual Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Except for claims that qualify for small claims court, any dispute or claim arising from or relating to the SMS program or these terms will be resolved through binding individual arbitration and not in court.

Arbitration will be administered by the American Arbitration Association under its applicable Consumer Arbitration Rules. The Federal Arbitration Act will govern the interpretation and enforcement of this arbitration agreement.

The arbitrator may award the same individual remedies that would be available in court, subject to these terms and applicable law.

Nothing in this section prevents either party from bringing an eligible individual claim in small claims court or reporting a concern to a government agency.

  1. Class Action Waiver

You and Fallon Gems LLC agree that disputes will be brought only in an individual capacity.

Neither party may bring or participate in a class action, collective action, consolidated action, representative action, or private attorney general action concerning the SMS program.

An arbitrator may award relief only to the individual party seeking relief and only to the extent necessary to resolve that individual claim.

  1. Right to Reject Arbitration

You may reject the arbitration agreement by emailing support@fallongems.com within thirty days after first agreeing to these terms.

Your email must include your full name, mobile number, and a clear statement that you reject the arbitration agreement contained in the Fallon Gems SMS Terms and Conditions.

Fallon Gems LLC will confirm receipt of your request. Rejecting arbitration will not affect your order or your ability to receive SMS delivery assistance.

  1. Governing Law

These terms are governed by the laws of the State of California, except where federal law applies or another law cannot legally be waived.

  1. Severability

If any part of these terms is found invalid or unenforceable, the remaining provisions will continue in effect. Any invalid provision will be limited or modified only as much as necessary to make it enforceable where legally permitted.

  1. Contact Information

Questions, legal notices, and requests for the Fallon Gems LLC business mailing address may be sent to support@fallongems.com.

For safety and privacy reasons, the business mailing address is provided upon verified written request.

Talk about your brand

To process your replacement request, please include:
• The name used on the original order
• Your email address
• Your order number
• The drill color number(s) needed
• Approximately how many drills are missing
• Confirmation that the shipping address on the original order is still correct

 
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