This website is owned and operated by Mindy Recht. These Terms set forth the terms and conditions under which you may use our website and services we offer.
This website offers visitors fine jewelry and information regarding jewelry, gemstones, and jewelry manufacturing processes. By accessing or using this website, you approve that you have read, understood, and agree to be bound by these Terms. In order to use our website and/or receive our services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.
When buying an item, you agree that: (1) you are responsible for reading the full item listing before making a commitment to buy it: (2) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process. The prices we charge for our products are generally listed on the website. If the prices for our products and/or services are not listed on the site, including, but not limited to, customization of existing products or custom work, they will be available on request. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page. We may, without prior notice, change the services offered, stop providing services or any features of the offered services, or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.
All Products and Services contemplated or provided by these Terms are provided “as is”. Parties expressly disclaim all warranties, express or implied, in relation to their Products and Services, including any warranty of merchantability or fitness for a particular purpose or the timeliness, quality, suitability, availability, completeness or meeting the Customer’s personal expectations, or whether the Products and Services are not susceptible to unauthorized or illegal actions of the third parties. When we receive a valid warranty claim for a product purchased from us, we will either repair the relevant defect or replace the product. If we are unable to repair or replace the product within a reasonable time, we will work with the customer to find a satisfactory resolution. In no event shall Mindy Recht, any of its affiliates, officers, employees, agents, suppliers or licensors ("Contractor and Affiliates") be liable for any indirect, incidental, special, exemplary or consequential damages. The total liability of the Contractor and Affiliates, in any type of lawsuit or action, shall not exceed the amount of payments paid by Customer.
The Service and all materials therein or transferred thereby, including, without limitation, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, designs, and all Intellectual Property Rights related thereto, are the exclusive property of Mindy Recht. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment.
You agree to indemnify and hold Mindy Recht harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due
to, or arising out of, or in connection with your use of the website or any of the services offered on the website. To the maximum extent permitted by applicable law, in no event shall Mindy Recht, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service. To the maximum extent permitted by applicable law, Mindy Recht assumes no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content; (2) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (3) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein. To the maximum extent permitted by applicable law, in no event shall Mindy Recht, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service. To the maximum extent permitted by applicable law, Mindy Recht assumes no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content; (2) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (3) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
You agree to receive from time-to-time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please notify us at any time.
Except for payment obligations, either party shall be excused for any delays due to causes beyond a party’s control, including, without limitation, war, terrorism, epidemic, strike, lockout, riot, communication line and power failures or other stoppage (whether partial or total), any law, decree, regulation or order of any court or governmental body, or any act beyond the party’s control. In the event of any such delay, the applicable time limits (excluding payments) shall be extended for a period of time equal to the time of such delay.
Any legal dispute involving a sum above $5,000 (five thousand U.S. dollars) must be resolved by Arbitration, before a panel of three (3) independent arbitrators, to be conducted in New York, New York County, in accordance with the rules of the American Arbitration Association. Both parties agree to be bound by the decisions and evidentiary rulings and requests of the majority of the arbitrators. If any party refuses to participate in the Arbitration or to follow a decision or request of the arbitrators, it may be found in default and/or sanctioned by the arbitrators, which shall not be challenged in court.
For questions or concerns regarding the terms above, please contact mindyhrecht@gmail.com.