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Terms + Conditions

 

General

The following terms
and conditions (“Terms”) govern the sale of merchandise by J V INSARDI, LLC
(the “Company”, “our”, “we” or “us”) to you and constitute the entire agreement
between you and the Company. Your use of JVInsardi.com (“Site”) and the
Company’s telephone ordering services (collectively, the “Services”) to
purchase merchandise indicates your agreement to follow and to be bound by
these Terms. Our order confirmation, these Terms and our other Site polices
shall be deemed the final and integrated agreement between you and us on the
matters contained in these Terms. We shall have right at any time and without
prior notice, at our sole discretion, to revise these Terms or to impose new
terms and conditions with respect to access to or use of the Services and the
purchase of merchandise. For questions regarding these Terms, please email
cs@jvinsardi.com.

Orders and Products

All orders are subject
to email confirmation by us.  We reserve
the right at any time after receipt of your order to accept or decline your
order, or any portion thereof, even after your receipt of an order confirmation
from us and your credit card charged, for any reason as determined by us. Please
note that once an order has been placed, we are not able to modify or cancel
your order. All sales are final. We reserve the right to limit the order
quantity on any item and to refuse service to any customer without prior
notification.

Products displayed may
be out-of-stock or discontinued, and availability is not guaranteed. Images of
pieces are for visual reference only. While we have tried to accurately display
the colors of products, the actual colors you see will depend on your monitor
or device and may not be accurate. The actual product may vary slightly in
shape, size, and color from what is pictured. The quantity of diamonds may vary
also.

All orders are custom
cast and made to order. Orders do not go into production without full advance
payment by the customer. Orders take approximately 4 – 6 weeks to produce and
ship. Should you need your order before that time frame, it may be possible to
rush your order for an additional fee. 
Please email cs@jvinsardi.com to inquire if it is possible for a rush
production and delivery.   

You may purchase
products from us only for personal use and not for resale. By placing your
order, you certify that you are purchasing products for personal use only and
not for resale.

Return and Exchange

All Sales are
final.  Certain pieces may be exchanged
in our discretion within 30 days of purchase, subject to a 20% stocking
fee.  You are responsible for all
shipping costs for returns and exchanges. 

Repairs

Should your JV INSARDI
jewelry require repair, please reach out to cs@jvinsardi.com.  Please note the
customer is responsible for the cost of the repair as well as the shipment,
unless it is within 30 days of purchase and it has been determined that there
is an issue with the product. 

Error, Inaccuracies, and Omissions

Occasionally there may
be information on our site or in the Services that contains typographical
errors, inaccuracies or omissions that may relate to product descriptions,
pricing, promotions, offers, product shipping charges, transit times and
availability. We reserve the right to correct any errors, inaccuracies or
omissions, and to change or update information or cancel orders if any
information in the Services or on any related website is inaccurate at any time
without prior notice (including after you have submitted your order).

We undertake no
obligation to update, amend or clarify information on the Services or on any
related website, including without limitation, pricing information, except as
required by law. No specified update or refresh date applied in the Services or
on any related website, should be taken to indicate that all information in the
Services or on any related website has been modified or updated.

Our Proprietary Rights

You agree not to
reproduce, duplicate, copy, sell, resell or exploit for any commercial
purposes, any portion of the Services or content and merchandise on our Site.
You acknowledge that our Site and the Services contain copyrights, trademarks,
service marks, or other intellectual property of the Company. Unless
specifically stated otherwise, the Company owns the copyright to the Site, all
images on the Site and on all jewelry designs as well as the rights in one or
more trademarks. You agree not to infringe upon the Company’s intellectual
property rights in any manner.

Third Party Sites

Links to other
Internet sites operated by third parties, including our vendors, do not constitute
sponsorship, endorsement, or approval by the Company of the content, policies,
or practices of such linked sites. Linked sites are not operated, controlled,
or maintained by us, and we are not responsible for the availability, content,
security, policies, or practices of linked sites, including without limitation
privacy policies and practices. Links to other sites are provided for your
convenience only, and you access them at your own risk.

Governing Law and Choice of Forum

The Terms and the relationship
between you and the Company shall be governed by the laws of the State of New
York (without giving effect to its conflicts of law principles) and you agree
to submit to the exclusive jurisdiction of the federal and state courts located
in the City of New York, State of New York. You agree that regardless of any
statute or law to the contrary, any claim or cause of action arising out of or
related to your use of the Services or these Terms must be filed within one (1)
year after such claim or cause of action arose or be forever barred.

 

Disclaimers and Limitations of Liability

COMPANY MAKES NO
WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE COMPANY’S SERVICES
OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR
THE CONTENT, INFORMATION, AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR
TIMELINESS OF THAT CONTENT, INFORMATION, AND MATERIALS. COMPANY ALSO DOES NOT
WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE COMPANY’S SERVICES OR
ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT
DEFECTS WILL BE CORRECTED, OR THAT THE COMPANY’S SERVICES OR ANY LINKED SITE IS
FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE
FOREGOING, ALL CONTENT PROVIDED ON OR THROUGH THE COMPANY’S SERVICES IS
PROVIDED TO USERS "AS IS," WITH NO WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANT
ABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT,
SECURITY, OR ACCURACY. THE "AS IS" CONDITION OF CONTENT IS EXPRESSLY
MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE
COMPANY’S SERVICES. UNDER NO CIRCUMSTANCES SHALL COMPANY, ITS SUPPLIERS,
OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU
OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL,
SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING
NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO
ACCESS OR USE ANY OF THE COMPANY’S SERVICES OR ANY LINKED SITE OR ITS CONTENTS.

COMPANY MAKES NO
REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT OR SERVICE SOLD. EXCEPT
AS EXPRESSLY STATED HEREIN, COMPANY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED, OF ANY KIND. UNDER NO CIRCUMSTANCES SHALL COMPANY OR
ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD
PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE
DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS AND BUSINESS INTERRUPTION,
WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM
ANY PRODUCT OR SERVICE SOLD OR PROVIDED THROUGH THE COMPANY’S SERVICES, EVEN IF
COMPANY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT
SHALL COMPANY'S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE
THAT IS THE SUBJECT OF THE CLAIM.

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 might
have additional rights.

Indemnity

You agree to release,
indemnify, defend, and to hold the Company and its subsidiaries, affiliates,
officers, agents, or other partners, and employees, harmless from any claim or
demand, including reasonable attorneys’ fees and costs regarding your breach of
the Terms and/or any claim or demand made by any third party due to or arising
out of your use of the Site or Services or your violation or alleged violation
of any rights of another. The foregoing indemnification obligation shall
survive termination of these Terms and the operation of the Services or any
product or service provided to you arising out of or relating to your use of
the Services.

Severability

If any provision of
these Terms is determined to be invalid, illegal or unenforceable, the remaining
provisions of these Terms remain in full force to the extent permitted by law.

Force Majeure

We shall not be liable
for any delay or failure in performance caused by circumstances beyond our
reasonable control.

Age Policy

The Company complies
with the Children’s Online Privacy Act.  You
must be at least 18 years old to use our Services and purchase our merchandise.
This Site is not intended for use by anyone under the age of eighteen (18)
years.