Terms and Conditions
TERMS AND CONDITIONS
TERMS OF SERVICE OVERVIEW
This website is operated by BRIAN & NICK Private Jewelers. Throughout "the site" (bnprivatejewelers.com), the terms "we", "us" or "our" refer to BRIAN & NICK Private Jewelers. BRIAN & NICK Private Jewelers offers this website, including all information, tools and services available from this site to you, the user, upon your acceptance of all terms, conditions, policies and notices stated here. By utilizing the functions on this site, you automatically are in acceptance of all Terms and Conditions. You are responsible for reading these Terms of Service before accessing or using this site. You may review the current version of the Terms of Service at any time on this page. BRIAN & NICK Private Jewelers reserve the right to update, change or replace any part of these Terms of Service. It is not BRIAN & NICK Private Jewelers responsibility to update you on these changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. BRIAN & NICK Private Jewelers store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS By agreeing to these Terms of Service, you represent that you are at least the age of 18 years old.
SECTION 2 - GENERAL CONDITIONS We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION BRIAN & NICK Private Jewelers are not responsible if information made available on this site is not accurate, complete or current. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. BRIAN & NICK Private Jewelers reserve the right to modify the contents of this site at any time, but BRIAN & NICK Private Jewelers has no obligation to update any information on the site. You agree that it is your responsibility to monitor changes to the site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES BRIAN & NICK Private Jewelers reserves the right to make changes to the site content and pricing without notice. BRIAN & NICK Private Jewelers shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable) Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to the Return Policy. BRIAN & NICK Private Jewelers has made every effort to display as accurately as possible the colors and images of our products that appear at the store. BRIAN & NICK Private Jewelers cannot guarantee that your computer monitor's display of any color will be accurate. BRIAN & NICK Private Jewelers reserve the right to limit the sales of the products or Services to any person, geographic region or jurisdiction. BRIAN & NICK Private Jewelers may exercise this right on a case-by-case basis. BRIAN & NICK Private Jewelers do not warrant that the quality obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION BRIAN & NICK Private Jewelers reserve the right to refuse any order you place with us. BRIAN & NICK Private Jewelers may, in sole discretion, limit or cancel quantities purchased per person, per household or per order. BRIAN & NICK Private Jewelers may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. BRIAN & NICK Private Jewelers reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made on the site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that BRIAN & NICK Private Jewelers can complete your transactions and contact you as needed. For more detail, please review our Return Policy.
SECTION 7 - OPTIONAL TOOLS BRIAN & NICK Private Jewelers may provide you with access to third-party tools over which BRIAN & NICK Private Jewelers neither monitor nor have any control nor input. BRIAN & NICK Private Jewelers has no liability whatsoever arising from or relating to your use of optional third-party tools.
SECTION 8 - THIRD-PARTY LINKS Certain content, products and services available via our Service may include materials from third-parties. BRIAN & NICK Private Jewelers are not responsible for examining or evaluating the content or accuracy and BRIAN & NICK Private Jewelers does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS If, at our request, you send certain specific submissions or without a request you send creative ideas, suggestions, proposals, plans, or other materials, whether online, via social media, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that BRIAN & NICK Private Jewelers may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. BRIAN & NICK Private Jewelers are under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. BRIAN & NICK Private Jewelers reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice.
SECTION 12 - PROHIBITED USES In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. BRIAN & NICK Private Jewelers reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY BRIAN & NICK Private Jewelers does not guarantee that your use of this site will be uninterrupted, timely, secure or error-free. You agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability. In no case shall BRIAN & NICK Private Jewelers and stakeholders be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION You agree to indemnify BRIAN & NICK Private Jewelers and our affiliates, suppliers, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New York State.
SECTION 19 - CHANGES TO TERMS OF SERVICE You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes.
SECTION 20 - CONTACT INFORMATION Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.