Terms & Conditions

THIS VERLAS.COM WEBSITE (“SITE”) IS OWNED AND OPERATED BY DIRECT FROM FACTORY, INC. (“OPERATOR”).  THESE TERMS OF USE (“TOU”) GOVERN YOUR ACCESS TO AND USE OF THE SITE.  YOU SHOULD CAREFULLY READ THESE TOU.  YOUR USE OF THE SITE MEANS THAT YOU HAVE READ AND UNDERSTAND THESE TOU AND THAT YOU HAVE ENTERED INTO A BINDING LEGAL AGREEMENT WITH OPERATOR.  IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THESE TOU YOU SHOULD DISCONTINUE YOUR USE OF THE SITE.  IN ADDITION, WHEN USING A PARTICULAR SERVICE AND/OR ACCESSING CERTAIN MATERIALS ON OR THROUGH THE SITE, YOU SHALL BE SUBJECT TO ANY POSTED TERMS OR RULES APPLICABLE TO SUCH SERVICES OR MATERIALS, WHICH ARE IN ADDITION TO THESE TOU (“ADDITIONAL TERMS”).  ALL SUCH ADDITIONAL TERMS ARE HEREBY INCORPORATED BY REFERENCE INTO THESE TOU, AND IF YOU DO NOT AGREE WITH THEM YOU SHOULD NOT USE THE SERVICE AND/OR MATERIALS.

 

Ongoing promotions (updated on December 16, 2020) 
a) Holiday offers do not apply to Try-at-Home kits and bespoke jewelry unless specified.
b) 30-day, 60-day, and engraved jewelry return policies apply as per the standard return policy. 
c) Shipping to the client is always free and return shipping is chargeable when promotional offers are availed

d) Cyber Week Offers ended at 11:59 pm on 12/06.
e)
Verlas Cash to be used on Verlas.com after 24-hours of placing your order.
h) Verlas Cash of $100 can be applied to order values $500 & above and $200 can applied to order value $1,000 & above immediately upon issuing until 11:59 pm on March 1, 2021.
i) If Verlas Cash is used, returns don't apply to your original order. 
j) If your original order is returned, Verlas Cash automatically becomes void. 
k) Resizing requests will be accepted but there may longer lead times required to deliver. 

 

Deliveries before Christmas 
a) We are guaranteeing delivery for all order received before midnight EST on December 16, 2020.
b) All orders will be shipped by DHL or FedEx. 
c) For expedited or overnight shipping requests, reach out to care@verlas.com. Shipping charges will be additional. 
d) As for regular orders, shipping partners may change or update their delivery timelines owing to the holiday rush. Weather conditions at the time of shipping could also impact delivery timelines. 


1. Privacy Policy.  The Privacy Policy contained on this Site is incorporated in these TOU by reference, but these TOU shall govern any conflict or inconsistency with such Privacy Policy.  If you are under the age of 13 you may view the materials on this Site, but if you wish to enter into any transactions on or through this Site or otherwise participate in areas of this Site which require you to enter personal information, you may not do so without the consent of a parent or legal guardian. 

 

2. Materials and Services.  Through this Site, Operator may make available to you: (a) certain audio and visual articles, text, images, illustrations, photographs, video, stories, cartoons, characters, documents and other materials contained or displayed in or made available through this Site (collectively, “Materials”); and (b) various services operated by Operator, such as content management service, audio recording services, chat rooms, bulletin boards and others (collectively, “Services”). 

 

3. License.  Operator and its licensors grant to you a personal, non-exclusive, non-transferable license to: (a) access, view, download, print, use and display Materials; and (b) use the tools and software on this Site (collectively, “Software”); solely for your own personal, informational, non-commercial use.  In these TOU, all references to the “Site” shall be deemed to include all “Software,” “Materials” and “Services,” unless otherwise expressly indicated.  All rights not expressly granted by Operator to you are retained by Operator, and you may not use this Site and/or any element of this Site in any manner or for any purpose not expressly authorized by these TOU.  The rights granted to you do not include, and are not applicable to, the design or layout of this Site, which are protected by trade dress and other laws and may not be copied or imitated in whole or in part. 

 

4. Restrictions; Removal.  You shall not:  (a) remove or destroy any proprietary rights marks or legends on or in this Site; (b) modify, enhance, adapt, translate, or create derivative works of this Site; (c) republish, post, transmit, transfer, distribute, assign, sublicense, rent, lease or sell this Site; (d) decompile, disassemble or reverse engineer this Site; (e) reproduce or make copies of this Site; (f) “frame” or “mirror” this Site on any other server or Internet-based device; and/or (g) access, view, download, print, use and/or display this Site for any commercial or other money-making purpose.  You acknowledge that certain elements of this Site are, or may in the future be, licensed to Operator by third parties and that the availability of such elements may cease automatically, without notice or liability on the part of Operator.

 

5. Amendments to TOU and Privacy Policy.  Operator reserves the right to change the terms and conditions of these TOU, the Privacy Policy and/or any of its other policies relating to this Site, at any time in its sole discretion.  Operator shall notify you of such changes by posting the changes on this Site.  You are responsible for regularly reviewing this Site and these TOU regarding such changes. Continued use of this Site after any such changes have been posted shall constitute your agreement to them.

 

6. Registration and Passwords. 

6.1 Some areas of this Site may be accessed and used only by those authorized individuals who are registered and have an account with Operator. To open an account, you must complete the registration process by providing Operator with current, complete and accurate information as prompted by the registration form. Should Operator suspect that such information is untrue, inaccurate, not current or incomplete, Operator has the right to suspend or terminate your usage of this Site. Operator is entitled to rely on the information you provide and you will be responsible for updating this information to maintain it as current. Accounts are non-transferable and cannot be shared or used by more than one individual or entity.
 
6.2 Once you have become an authenticated user, you will be given one or more personal, non-transferable passwords. You are and will be responsible for maintaining the confidentiality of that password, for all activities conducted on and with this Site that make use of that password, and for any charges or fees incurred by the use of that password, including any use you may subsequently contend was not unauthorized by you.

 

7. Account Information and Data.   

7.1 Operator does not own any personal data or information that you submit to be used by Operator to provide any Service (“Data”), unless Operator specifically tells you otherwise before you submit it.  However, you acknowledge and agree that various individuals and entities may have overlapping rights in and to your Data.  As such, Operator has and shall retain all rights, title and interests, including all intellectual property rights, in and to all Data and related databases residing on Operator’s servers, including all of your Data which is stored in a form that is not identifiable as yours.  Operator may use and disclose your Data in accordance with the Privacy Policy, referenced above.
7.2 Operator will not monitor, edit, or disclose any personally identifiable information regarding you or your account, including any Data, without your prior permission except in accordance with these TOU and the Privacy Policy.  Please be aware that Operator does provide certain user registration and statistical information such as usage or user traffic patterns in aggregate form to third parties, but such information will not include personal information identifiable as yours. Operator may access your account, including its Data, to respond to Service or technical problems or as stated in these TOU.
7.3 You, not Operator, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all Data and Operator shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Data, or for any actions or omissions which Operator takes in reliance upon your Data.

8. Ownership.  Operator and/or its licensors own and shall retain all rights, title and interests, including all intellectual property rights, in and to this Site, and all elements thereof.  Except for the express licenses granted to you herein, you neither have nor acquire any rights, title or interests in or to this Site, or any element thereof.  

9. Marks and Logos.  “Verlas”, “Direct From Factory, Inc.,” “Direct From Factory,” “Verlas.com” and all other names, marks, symbols and logos used in connection with this Site are trademarks of Operator or other third parties (the “Marks”).  Operator grants you no license, permission or authorization to reproduce or use any Marks, whether owned by Operator or a third party.  You agree not to display, copy, redistribute or use any Marks in any manner for any reason without Operator’s prior express written consent.

10. Third Party Sites and Materials. 

10.1 Please exercise discretion while browsing the Internet using this Site. You should be aware that when you are on this Site, you could be directed to other sites that are beyond Operator’s control. There are links to other sites from these pages that take you outside of Operator’s Site.  This includes links from advertisers, sponsors, material providers, and content partners that may use Operator’s logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on this Site may send cookies to users that Operator does not control. Operator reserves the right to disable links from third party sites to this Site at any time in its sole discretion.
10.2 Operator is not affiliated with, nor does Operator endorse or sponsor, any sites on the Internet that are linked through or to this Site. Operator provides any such links to you only as a matter of convenience, and in no event shall Operator be responsible or liable for any information, content, products, services or other materials on or available from or through such sites.  Operator explicitly disclaims any responsibility for the accuracy, content, or availability of information found on sites that link to or from this Site. Operator has not taken any steps to confirm the accuracy or reliability of any of the information contained in such third party sites or content. Operator does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against Operator with respect to such sites and third party content. Operator strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

11. Third Party Transactions.  In your use of this Site, you may enter into correspondence with, purchase or sell goods and/or services from or to, or participate in promotions of advertisers or sponsors showing their products and/or services through this Site.  Any such activity, and any terms, conditions, warranties or representations associated with such activity, are solely between you and the applicable third party.  Operator shall have no liability, obligation or responsibility for any such correspondence, transaction, exchange, purchase, sale, promotion or other activity conducted between you and any third party.  Because Operator is not and cannot be a party in your communications, interactions and/or transactions with any third parties on or through this Site, in the event that you have a dispute with one or more such third parties, you acknowledge that your sole and exclusive remedies are against such third parties.  You expressly covenant not to sue or otherwise assert any claim against Operator in connection with such disputes, and hereby release Operator, its subsidiaries, affiliates, officers, directors, agents and employees from any and all claims, demands, suits, expenses, fees (including attorneys’ fees), judgments, penalties, fines and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

12. Your Additional Responsibilities.  You are solely responsible for any and all activities that occur under your account including inputting, maintaining, and managing accurate information and ensuring that you exit or log-off from your account at the end of each session of use. You shall notify Operator immediately of any unauthorized use of your password or account or any other breach of security that is known or suspected by you. You shall also use your best efforts to stop immediately any copying or distribution of this Site that is known or suspected by you. Operator shall not be responsible for any unauthorized access to, or alteration of, your transmissions or Data, any material, information or data sent or received, regardless of whether the data is actually received by Operator, or any transactions entered into through the Service or failure to abide by these TOU.

13. Compliance with Laws; Prohibited Activities.  You agree to abide by all applicable local, state, and federal laws, regulations, statutes, rules and ordinances, in connection with your use of this Site.  Without limiting the foregoing, you shall not use this Site to: (a) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (b) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses; (c) transmit or post unlawful, harassing, bigoted, racist, hateful, libelous, abusive, tortious, defamatory, threatening, harmful, invasive of another’s privacy, vulgar, obscene or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; (d) transmit or post any material that may infringe the intellectual property rights or other rights of third parties, including trademark, trade secret, copyright or right of publicity; (e) transmit or post any material that contains software viruses or other harmful or deleterious computer code, files or programs such as Trojan horses, worms, time bombs and cancelbots; (f) interfere with or disrupt servers or networks connected to this Site or violate the regulations, policies or procedures of such networks; (g) attempt to gain unauthorized access to this Site or computer systems or networks connected to this Site through password mining or any other means; (h) harass or interfere with another user’s use and enjoyment of this Site; or (i) transmit or post, or promote the transmission or posting of, an illegal or unauthorized copy of another person’s work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devises, or providing pirated content or links to pirated content files.  In addition, you agree not to use any device, software, or routine, including but not limited to any viruses, worms, time bombs, to interfere or attempt to interfere with the proper working of this Site or any Service, or to intercept any system, data or personal information from this Site, nor will you take any action that imposes an unreasonable or disproportionately large load on this Site’s infrastructure.

14. Your Contributions to this Site.

14.1 Portions of this Site may contain areas, such as online classrooms, chat rooms, bulletin boards and/or message boards, which provide you and other third parties an opportunity to exchange, post, broadcast, publish, circulate, transfer, share, transmit, upload and/or otherwise distribute suggestions, photographs, video and/or sound recordings, articles, links, ideas, feedback, recommendations, opinions and/or other materials and information (collectively, “Submissions”).  If you make any Submissions on this Site, you represent and warrant that you have all necessary rights in and to such Submissions and all material they contain, that the Submissions are non-confidential and non-proprietary to you, and that such Submissions do not and will not infringe any proprietary or other rights of third parties or violate any term of these TOU.  Any claim lodged with, or damage resulting to, Operator from your breach of this representation and warranty will be covered by your indemnification obligations under these TOU.  The information, advice, facts, opinions or other Submissions on this Site posted by third parties are those of the respective authors and do not necessarily reflect the views of Operator or any its employees, officers, directors, agents, suppliers, contractors or affiliated entities.
14.2 Operator will own and shall retain all rights, title and interests, including all intellectual property rights, in and to any and all Submissions.  You hereby expressly assign all rights, title and interests in and to such Submissions to Operator free of charge. Operator may use such Submissions as it deems appropriate in its sole discretion without restriction.  Notwithstanding, the foregoing, you will retain all rights, title and interest, in and to all copyrightable works of authorship submitted by you in connection with your use of this Site or any Service (“Your Content”), and you grant Operator a non-exclusive, non-transferable, paid-up, royalty-free license to reproduce and use Your Content in order to provide the Services to you.
14.3 You acknowledge that Operator will review Submissions to ensure they are from verified purchasers but otherwise does not edit Submissions in the normal course of its business prior to the appearance of those Submissions on this Site.  To the fullest extent permitted by applicable law, Operator disclaims all responsibility and liability for Submissions and for any losses, damages, or expenses resulting from their use and/or appearance on this Site.  Notwithstanding the foregoing, Operator reserves the right to monitor all Submissions and to remove without liability any Submissions that it considers, in its sole discretion, to be offensive, violate any applicable law, violate the right of any third party, or otherwise violate the terms of these TOU.  If you discover Submissions on this Site that are offensive, violate any applicable law, violate the right of any third party, or otherwise violate the terms of these TOU you may provide Operator with notice of such Submissions at info@verlas.com.


15. Online Purchases.

15.1 If you wish to purchase any goods or services made available through this Site (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Operator the right to provide such information to third parties for purposes of facilitating the completion of any Transaction initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

15.2 All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on this Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on this Site does not guarantee that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. Operator reserves the right, with or without prior notice, to: (i) limit the available quantity of or discontinue any products or services; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and/or (iv) refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through this Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.

15.3 Operator or its agents may call or text you regarding your account or your Transactions, as set forth in our Privacy Policy and applicable Additional Terms. You agree that Operator may place such calls or texts using an automatic dialing/announcing device, and that Operator may make such calls or texts to a mobile telephone or other similar device. You agree that Operator may, for training purposes or to evaluate the quality of its service, listen to and record phone conversations you have with Operator or its agents.
15.4 Operator has attempted to accurately depict the colors and details of the products offered on this Site. However, because the color and product details you see is dependent on your computer monitor, Operator cannot guarantee that the color and details that you see will be accurate. The products also may appear larger or smaller than their actual size depending on your monitor. Some photographs have been enlarged to show detail.
15.5 Operator's acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. The Operator will track your insured package for you and confirm delivery of items that require a signature upon delivery. It is mandatory to have someone 18 years and above to accept your order given the high value of items involved. You have 48 hours from confirmation of this delivery to communicate issues with your delivery or the product. Operator makes a conscientious effort to describe and display its products and services accurately on this Site. Despite these efforts, a small number of items on this Site may be mispriced, described inaccurately, or unavailable, and Operator may experience delays in updating information on this Site and in our advertising through other media. As a result, Operator cannot and does not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. Operator reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Operator apologizes for any inconvenience.
15.6 If you are not fully satisfied with your purchase, you may return it in accordance with our Return Policy, incorporated herein by reference.
15.7 Warranties for certain products may be purchased for additional costs, as provided below. The duration of such warranty is five (5) years from date of purchase. Once a warranty is purchased it is non-refundable and it cannot be transferred to any other products.
(a)  Below $500 ------ Warranty = $99
(b) $501 - $1000 ------ Warranty = $149
(c)  $1001- $2000 ------ Warranty = $199
(d) $2000 - $3000 ------ Warranty = $249
(e)  Above $3000 ------ Warranty = $299

15.8 Product warranties may be purchased at the time the product is purchased or within sixty (60) days of receiving the product. The product warranty will include removing scratches, polishing metal, tightening loose prongs, re-sizing of rings, un-tangling chains, replacing loose pushbacks, removing/adding/changing engraving.  Your product should be unaltered from its original form and should not be missing parts. All warranted products are eligible for free Repairs under the terms of Repair Services, Upgrades, and Buybacks (as further described below). When you participate in the Upgrade or Buy-Back Program, your warranty will lapse on that product. If a product is purchased as a gift for someone else, they will need to have the original warranty to have any service work done on a warranty product. All products serviced under a warranty are subject to inspection and shipping costs and shipping insurance is your responsibility.

15.9 If you are looking to sell products previously purchased with Operator, you can reach out to Operator through the Buy-Back Program. Operator buys back its own products under warranty from their customers with a flat 35% deduction on the original value of the product, less shipping and uncovered repairs, no matter when you are looking to sell. Operator will also buy back diamonds when you prefer to keep the under warranty setting with a flat 35% deduction on the original value of the product (at the time the product was purchased), less shipping and uncovered repairs.

(a)   Eligibility. Only products under warranty are eligible for the Buy-Back Program. The product is subject to inspection before the credit on your product will be applied. Your product should be unaltered from its original form and should not be missing parts. If repairs are required for products there will be additional costs to repair before the value of the Buy-Back can be determined.
(b)  Initiating a Buy-Back. Before initiating the Buy-Back process, you will need to fill out the Buy-Back form. The form will be sent to Operator for further evaluation. An Operator expert will reach out to discuss the Buy-Back option and value of the product. Operator will also confirm with you that you understand there may be additional costs for damage not covered under the product warranty after the product undergoes inspection. If you agree to the terms, Operator will receive a confirmation of such and a signoff to proceed with the Buy-Back. If you do not agree to the terms, Operator will return the product to you using your prepaid shipping label.
(c)   Shipping. You are responsible for shipping the product to Operator. You will pay Operator for two way shipping prior to shipping your product to Operator.  Shipping labels will be generated through Operator’s service providers and will also include insurance.
(d)  Inspection. Upon safe receipt of your product, Operator thoroughly inspects the product to ensure it is in the condition as specified in these terms. Barring any minor repairs covered under the product warranty, Operator attempts to processes a credit under the Buy-Back Program within three (3) business days of receiving the product.
(e)   Credits. Products sold through the Buy-Back Program are processed as an Operator Credit, less any costs associated with shipping and non covered repairs, for you to use towards future purchases with Operator. All Operator Credits must be used within one (1) year of receipt.

15.10 If you are interested in purchasing a new product of higher value from Operator but no longer wish to keep a product previously purchased with Operator, you can send the product to Operator to get 100% of the original value of the product as an Operator Credit. These Credits can be used towards the purchase of new products that are 50% or higher in value than the old product. The Promo Code with the Credit value will be provided to you to apply to one new product within one (1) year and it cannot be combined with the total value of the purchase of multiple products.

(a)   Eligibility. Only products under warranty are eligible for Upgrades. The product is subject to inspection before the credit on your product will be applied. Your product should be unaltered from its original form and should not be missing parts. If repairs are required for products there will be additional costs to repair before the value of the Upgrade can be determined.
 
(b)  Initiating Upgrades. Before initiating the Upgrade process, you will need fill out the Upgrade form. The form will be sent to Operator for further evaluation. An Operator expert will reach out to discuss the Upgrade option and value of the product. Operator will also confirm with you that you understand there may be additional costs for damage not covered under the product warranty after the product undergoes inspection. If you agree to the terms, Operator will receive a confirmation of such and a signoff to proceed with the Upgrade. If you do not agree to the terms, you will need to pay for shipping costs to return the product to you
(c)   Shipping. You are responsible for shipping the product to Operator. You will pay Operator for two way shipping prior to shipping your product to Operator.  Shipping labels will be generated through Operator’s service providers and will also include insurance.
(d)  Inspection. Upon safe receipt of your product, Operator thoroughly inspects the product to ensure it is in the condition as specified in these terms. Barring any minor repairs covered under the product warranty, Operator attempts to processes a credit under the Upgrade Program within three (3) business days of receiving the product.
(e)   Credits. If you agree to the inspection assessment made by Operator, a Promo Code will be sent to you for the value of the product, less any costs associated with shipping and non covered repairs, for you to use toward the purchase of single product with a value 50% or higher than the original value of the old product. This Promo Code must be used within one (1) year of receipt.

15.11 Repairs.
(a)   Eligibility. All products under warranty are eligible for Repairs at no cost to you. Repairs include removing scratches, polishing metal, tightening loose prongs, re-sizing of rings, un-tangling chains, replacing loose pushbacks, removing/adding/changing engraving. If there are missing diamonds, missing/broken parts, damaged/corroded metal these can be repaired for additional costs. The product is subject to inspection to determine the extent of repairs required to the product under the product warranty. If your product is not under warranty, an Operator expert can provide an estimate for the cost of repairs outside the warranty. This estimate will be sent to you for review.
(b)  Initiating Repairs. Before initiating the Upgrade process, you will need to fill out the Repair form. The form will be sent to Operator for further evaluation. An Operator expert will reach out to discuss the repairs needed. Operator will also confirm with you that you understand there may be additional costs for damage not covered under the product warranty after the product undergoes inspection. If your product is not under warranty, the expert will provide an estimate for the total cost of repairs. This estimate will be sent to you for approval. If you agree to the terms, Operator will receive a confirmation of such and a signoff to proceed with the repairs for the cost agreed upon. If you do not agree to the terms, you will need to pay for shipping costs to return the product to you.
(c)   Shipping. You are responsible for shipping the product to Operator. You will pay Operator for two way shipping prior to shipping your product to Operator.  Shipping labels will be generated through Operator’s service providers and will also include insurance.
(d)  Returns. Repaired products undergo the same thorough inspection as it did from the manufacturing process. If you are not happy with the repair, you need to contact Operator within 48 hours of receiving the repaired product so it can be re-inspected and fixed immediately.

 

15.12 Try-At-Home Program. Operator offers a Try-At-Home Program where you may select up to three (3) samples of a product to be sent to you to try on for fifteen (15) days. A refundable deposit of $99 will be charged for these sample products. Sample products are made of brass and coated and polished to look like gold and cubic zirconia is used in place of diamonds. Sample rings will be provided in size 7 unless discussed with Operator in advance. Bracelets are not offered as part of the Try-At-Home Program.

(a)   Process. You order up to three (3) sample pieces from us for a $99 refundable deposit. Operator will ship the Try-At-Home kit to you and you pay nothing additional for shipping costs across the US (except Puerto Rico). An email or text message will be sent to you updating you on the process and including tracking information for the Try-At-Home kit. You have fifteen (15) days from receiving the Try-At- Home kit to try on the products.  You can contact Operator to discuss your purchase options or if you are having trouble receiving your items. You return the Try-At-Home kit with the products and original packaging to Operator with the pre-paid label. Operator will receive a confirmation from the shipping provider and you can track the status of the package online or receive text message updates if you have opted-in to this service. Once received, Operator will inspect all products returned with the Try-At-Home kit. Operator will confirm no pieces are missing or broken. Products should be returned unworn, untagged, and unmodified from its original form. If Operator confirms the products comply with the terms of this section Operator will reach out to you within two (2) business days of receiving the kit and process the refund of the $99 deposit to you. If anything is missing in the return or you fail to return their kit within fifteen (15) days of receiving it, you will forfeit your deposit and be charged the total cost of the Try-At-Home kit. Operator will send a follow up email confirming the return of the Try-At-Home kit and providing a link to the items for purchase. If you are ready to make a purchase, you can contact Operator for further assistance or they can order the product directly from the links provided in your confirmation email.
(b)  Shipping. The Try-At-Home Program is offered in the US only. Shipping to you is free across the US (excluding Puerto Rico) and there will be a free across the US (excluding Puerto Rico) return shipping label included within the box for easy returns within fifteen (15) days of the Try-At-Home kit arrival. All packages are insured and will require a signature upon delivery.


16. Linking to this Site and Social Media Features. You may link to this Site homepage, provided you do so in a way that is fair and legal and does not damage Operator’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on Operator’s part without Operator’s express written consent.

 

This Site may provide certain social media features that enable you to:

-    Link from your own or certain third-party websites to certain content on this Site.

-    Send e-mails or other communications with certain content, or links to certain content, on this Site.

-    Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.

 

Subject to the foregoing, you must not:

-    Establish a link from any website that is not owned by you.

-    Cause this Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.

-    Link to any part of this Site other than the homepage.

-    Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these TOU.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the content standards set out in these TOU. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. Operator reserves the right to withdraw linking permission without notice. Operator may disable all or any social media features and any links at any time without notice.

17. Geographic Restrictions. The Operator is based in the state of New York in the United States. We provide this Site for use only by persons located in the United States. We make no claims that this Site or any of its content is accessible or appropriate outside of the United States. Access to this Site may not be legal by certain persons or in certain countries. If you access this Site from outside the United States, you do so on your own initiative, at your sole risk, and you are responsible for compliance with all applicable laws.

18. Indemnification.  You shall indemnify, defend and hold Operator, its licensors and information providers, and each such party’s parents, subsidiaries, affiliates, officers, directors, employees, attorneys, and agents, harmless from and against any and all claims, actions, proceedings, costs, damages, losses, liabilities, and expenses (including attorneys’ fees and costs) arising out of or in connection with your: (a) access to and/or use of this Site; (b) Submissions, Data and other information provided to Operator; (c) breach of these TOU; and/or (c) violation of any applicable law or right of a third party.

19. DISCLAIMER OF WARRANTIES.

19.1 YOU ACKNOWLEDGE THAT: THE SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS; THE SITE MAY BECOME INOPERABLE OR OTHERWISE UNAVAILABLE FOR PERIODS OF TIME; MATERIALS AND/OR SERVICES AT THE SITE MAY BE OR BECOME OUT OF DATE AND OPERATOR MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.  OPERATOR ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, DOCUMENTS, SOFTWARE, MATERIALS AND/OR SERVICES WHICH ARE REFERENCED BY OR LINKED TO THIS SITE. REFERENCES TO THIRD PARTIES, THEIR SERVICES AND PRODUCTS, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
19.2 YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM OPERATOR, OR THROUGH OR FROM THE SITE, SHALL CREATE ANY REPRESENTATION OR WARRANTY BY OPERATOR.
19.3 THE SITE IS PROVIDED TO YOU ON AN “AS IS” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND OR NATURE.  WITHOUT LIMITING THE FOREGOING, NEITHER OPERATOR, ITS LICENSORS NOR ANY CONTENT PROVIDERS MAKE ANY REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SITE, OR THAT THE USE OF THE SITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEMS OR DATA.
19.4 ALL OTHER CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY OPERATOR, ITS LICENSORS AND CONTENT PROVIDERS.  Some jurisdictions do not allow the exclusion of implied warranties such that the above exclusion may not apply to you.  This warranty gives you specific legal rights, and you may also have other rights that vary from jurisdiction to jurisdiction.


20. LIMITATION OF LIABILITY AND ACTIONS.  REGARDLESS OF THE FORM OF ACTION OR THEORY OF RECOVERY, IN NO EVENT SHALL OPERATOR, ITS LICENSORS OR CONTENT PROVIDERS BE LIABLE OR RESPONSIBLE TO YOU IN CONNECTION WITH THE SITE, OR YOUR USE THEREOF, FOR ANY: (A) INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF THEY ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES; (B) LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOST EXPECTANCY, BUSINESS INTERRUPTIONS AND/OR BENEFIT OF THE BARGAIN DAMAGES; AND/OR (C) DIRECT DAMAGES IN AN AMOUNT GREATER THAN FIVE THOUSAND DOLLARS ($5,000 USD).  ANY CLAIM RELATED TO THE SITE MUST BE INITIATED WITHIN ONE (1) YEAR OF THE DATE YOU KNEW, OR REASONABLY SHOULD HAVE KNOWN, OF THE EXISTENCE OF SUCH CLAIM AGAINST OPERATOR.

 

21. Export. 

21.1 Operator controls and operates this Site from its location(s) in the United States of America. Operator makes no representation that this Site is appropriate or available for use in other locations.  Those who choose to access this Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.  You are expressly prohibited from using or accessing this Site from any location in which this Site and/or any Software, Materials and/or Services would violate any law within of that jurisdiction.  Any diversion of the Software, Materials and/or Services contrary to United States law is prohibited. 

21.2 Software from this Site may further be subject to United States export controls. No Software from this Site may be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

22. Term and Termination.

22.1 These TOU, and your right to access and use this Site, are effective until terminated by either you or Operator.  You may terminate these TOU at any time by discontinuing use of this Site and destroying all Materials obtained from or through this Site, and all related documentation and all copies and installations thereof, whether made under these TOU or otherwise.  Notwithstanding the foregoing, if you subscribe to a Service, Operator may only terminate these TOU and your access to and use of this Site if you fail to timely pay Operator for the Service and/or you breach these TOU or the terms applicable to the Service.
22.2 These TOU, and your access to and/or use of this Site, may be terminated by Operator immediately without notice to you if in Operator’s sole discretion you fail to comply with any term or provision of these TOU.  Upon termination, you must destroy all materials obtained from or through this Site, and all related documentation and all copies and installations thereof, whether made under these TOU or otherwise.
22.3 Subject to the terms of these TOU, all provisions of these TOU relating to ownership, limitations of liability, confidentiality, indemnification and other provisions which by their nature survive termination of these TOU shall survive termination of these TOU.

23. Prohibition of Class, Representative, and Consolidated Actions; Wavier of Jury Trial. You and Operator agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action. Both you and Operator each waive any right to a jury trial.

24. New York Law and Jurisdiction.  In order to ensure consistency in the interpretation and enforcement of these TOU and Operator’s rights in this Site, these TOU will be governed exclusively by New York law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction.  You expressly agree that any litigation arising between you and Operator related, in any way, to this Site and/or these TOU, and/or any and all disputes, actions, claims, or causes of action related thereto, shall be initiated and maintained only in the U.S. District Court for the Southern District of New York and/or the Supreme Civil Court of the County of New York, New York.  You expressly consent and irrevocably submit to the exclusive personal jurisdiction and venue of such courts.

 

25. Notice and Procedure for Making Claims of Copyright Infringement. 

25.1 Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be submitted to the following Operator Designated Agent.

25.2 To be effective, the notification must be a written communication that includes the following.

(a)  A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyrighted work claimed to have been infringed, or multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(c)  Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
(d) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(e)  A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f)  A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.


25.3 Operator may give notice to Operator’s users by means of a general notice on this Site, electronic mail to a user's e-mail address on Operator’s records, or by written communication sent by first-class mail to a user's address on Operator’s records. 

26. Severability.  If any provision of these TOU is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be modified to the extent necessary to be valid and enforceable, and all other provisions of these TOU shall remain in full force and effect.

27. Waiver.  The failure of Operator to enforce any right or provision in these TOU shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Operator in writing. No waiver shall be implied from a failure of either party to exercise a right or remedy.  In addition, no waiver of a party’s right or remedy will affect the other provisions of these TOU.

28. Relationship.  The relationship between you and Operator is that of independent contract. No joint venture, partnership, employment, or agency relationship exists between you and Operator as a result of these TOU or your access to this Site.  Neither party has the authority to create any obligations for the other, or to bind the other to any representation, statement or document.

29. Entire Agreement. The TOU, Privacy Policy, Return Policy, and all Additional Terms, constitute the entire agreement between you and the Operator with respect to the Website and supersede all prior and contemporaneous negotiations, agreements, proposals and understandings both written and oral, with respect to this Site.