TERMS and CONDITIONS
Please read carefully. Your use of this web site (hereinafter the “website”) constitutes your unconditional acceptance of these terms and conditions of use. If you do not agree with any of these Terms and Conditions of Use, do not use this Website. Gayane Avetisyan Contemporary Jewelry (we) reserves the right to update or modify these Terms and Conditions of Use at any time without prior notice. We encourage you to review these Terms and Conditions of Use whenever you visit this Website.
1. License. When You, the user (referred to alternatively herein as “You”, “Your” and “Yourself”), use the Website, Gayane Avetisyan Contemporary Jewelry (we) grants a limited revocable license to You to use the Website solely on behalf of Yourself or Your organization or company for personal, non-commercial use and solely in compliance with these Terms and Conditions of Use. You may download or copy the contents and other downloadable materials displayed on the Website for Your personal use only. No right, title or interest in any downloaded materials or software is transferred to You as a result of any such downloading or copying. This license expressly prohibits You, without limitation, from reselling the Website or any portion thereof or the services offered by Gayane Avetisyan Contemporary Jewelry, making any derivative work of the Website, collecting or using e-mail addresses or other information, ratings or listings, or extracting or mining any data whatsoever. You may use this Website for legitimate informational and shopping purposes only. You may not harm the Website in any way or otherwise use the Website in any improper manner, including, but not limited to hacking into the Website’s systems, spoofing or faking e-mail headers or slowing or stopping the functionality of the Website.
2. Registration and Password: In the event that You register and/or purchase product through this Website, You agree to: (a) provide true, accurate, current and complete information about Yourself as prompted by the registration form. If You provide any information that is untrue, inaccurate, not current or incomplete, or we suspect, for any reason, that such information is untrue, inaccurate, not current or incomplete, we, in our sole discretion, has the right to suspend or terminate Your account and refuse any and all current or future use of the Website by You. You will create a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under Your password or account. You agree to (a) immediately notify Gayane Avetisyan Contemporary Jewelry of any unauthorized use of Your password or account or any other breach of security, and (b) ensure that You exit from Your account at the end of each session. We will not be liable for any loss or damage arising from Your failure to comply with this paragraph.
3. Links to Other Websites. References on this Website to any name, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to You and do not in any way constitute or imply an endorsement, sponsorship or recommendation by Gayane Avetisyan Contemporary Jewelry regarding the third party information, product or service. These sites are maintained by third parties over whom we exercise no control. We have not reviewed all sites linked to this Website and we expressly disclaim any responsibility for the content, the accuracy of the information, and/or the quality of products or services provided by or advertised on these third-party web sites. If You decide to link to any such third party site, You do so at Your own risk.
4. Statements Made in Describing Goods. We do not warrant that the website or the materials contained therein will be accurate, reliable or error-free, that defects will be corrected, or that the website, or the server that makes it available, is free of viruses or other harmful components. We cannot be held responsible for errors and omissions in any catalog, product advertising material, or website, any glossaries contained within the website, or any supplemental material. Material on the website also may contain technical inaccuracies or typographical errors, and may be changed or updated without notice; we will not be liable or responsible for any such inaccuracies, errors, changes, or updates. We in our sole discretion may add, delete, or change some or all services offered via the website at any time.
5. Permission to Use Your Content. All information, ideas, suggestions or other communications You transmit to Gayane Avetisyan Contemporary Jewelry concerning the materials contained in this Website shall be on a non-confidential basis. By transmitting any suggestions, information, material, or other content (collectively, “User Content”) to Gayane Avetisyan Contemporary Jewelry, You automatically grant Gayane Avetisyan Contemporary Jewelry the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform and display such User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such User Content. Further, Gayane Avetisyan Contemporary Jewelry is free to use any ideas, concepts, know-how, techniques, and suggestions contained in any communications You send to this Website without compensation to You and for any purpose whatsoever, including but not limited to creating, manufacturing, and marketing products and/or services using such information.
6. Disclaimer of warranties. This website is provided on an “as is” and “as available” basis. Use of the website is entirely at your own risk. Gayane Avetisyan Contemporary Jewelry expressly disclaims all representations and warranties of any kind, either express or implied, regarding the operation of the website or the information, content, materials, merchandise, or products included or displayed on this website or any products offered or available through the website or the catalog, except as set forth below. To the full extent permissible by applicable law, Gayane Avetisyan Contemporary Jewelry disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. You acknowledge, by your use of the Gayane Avetisyan Contemporary Jewelry website, that your use of the website is at your sole risk. This disclaimer does not apply to any product warranty offered by the manufacturer of the item. This disclaimer constitutes an essential part of this agreement. Some provinces and states do not allow limitations on how long an implied warranty lasts, so the foregoing limitations may not apply to you. If, for any reason, You are not completely satisfied with any purchase, simply return it to Gayane Avetisyan Contemporary Jewelry within 10 days of receiving your oreder for full credit or exchange. The item must be in its original packaging. Return shipping charges must be prepaid by You and You must insure the shipment or accept the risk of loss or damage during shipment. All warranty materials and the original receipt must be included with any returned purchases. The item must not have been worn or altered in any way. Return Policy for Special Orders: Special Order sales are final.
7. Colors and Pricing: Every piece is hand-crafted and therefore subject to slight variations compared to the photo of the particular piece on the Website. In addition, Gayane Avetisyan Contemporary Jewelry makes every effort to display as accurately as possible the colors of its products that appear on the Website. However, as the actual colors You see will depend on Your device’s display, we cannot guarantee that Your device’s display of any color will be accurate. While we strive to provide accurate product and pricing information, pricing or typographical efforts may occur. Gayane Avetisyan Contemporary Jewelry cannot confirm the price of an item until after You order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, we shall have the right, in its sole discretion to refuse or cancel any orders placed for that item. In the event that an item is mispriced, Gayane Avetisyan Contemporary Jewelry may, at its discretion, either contact You with instructions or cancel Your order and notify You of such cancellation. Prices and availability are subject to change without notice.
8. Acceptance: Please note that there may be certain orders that we are unable to accept and must cancel. Gayane Avetisyan Contemporary Jewelry reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Some situations that may result in Your order being cancelled include inaccuracies or error in product origin information, or problems identified as part of credit and fraud avoidance. Gayane Avetisyan Contemporary Jewelry also may require additional verification or information before accepting any order. We will contact You if all or any portion of Your order is cancelled or if additional information is required to accept Your order. If Your order is cancelled after Your credit card has been charged, We will issue a credit to Your credit card in the amount of the charge. The receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Gayane Avetisyan Contemporary Jewelry reserves the right, without prior notification, to refuse service to any customer.
9. Quantity Limits and Dealer Sales: Gayane Avetisyan Contemporary Jewelry reserves the right to limit the quantity of items purchased per person, per household, or per order. These restrictions may be applicable to orders placed by the same Gayane Avetisyan Contemporary Jewelry account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer e-mail and/or billing address should such limits be applied. We also reserve the right to prohibit sales to dealers, wholesalers and re-sellers.
10. Shipment of Orders: Items ordered through Gayane Avetisyan Contemporary Jewelry are shipped through Canada Post. A street address is required for delivery.
Delivery in Canada for orders up to $1000: The purchased piece will be delivered standard ground transportation, which takes from 1 to 2 business days. Processing time, unless for a customs order, is maximum 7 calendar days. Delivery times do not include processing time.
Delivery to the continental United States for orders up to $1000: The purchased piece will be delivered by standard ground transportation, which takes from 2 to 3 business days. Processing time, unless for a customs order, is maximum 7 calendar days. Delivery times do not include processing time.
International shipping of pieces for orders up to $1000. The purchased piece will be deliverered by Canada Post Xpresspost International. Delivery usually takes between 4 to 7 days depending on location and includes tracking, delivery confirmation and insurance. A shipping quote will be sent to you via email before you finalise your purchase.
All orders, domestic and international, above $1000 are shipped via Parcel Pro, Inc., the leading provider of insured, high-value shipping services to the jewelry industry, providing a combined shipping and insurance program. Payment will not be taken at the check-out stage on any Orders requiring Parcel Pro insured express courier delivery. A shipping quote will be sent to you via email before you finalize your purchase.
11. Import duties and taxes. If you order Products from our Website for delivery outside Canada, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
12. Limitation of liability: Neither Gayane Avetisyan Contemporary Jewelry nor any of their respective employees, will be liable for any indirect, incidental, special, punitive, or consequential damages arising directly or indirectly from any use of the website or the catalog, the inability to use this website, the information contained on the website or the catalog, products available or purchased through the website or the catalog, or transactions conducted at the website or arising from the catalog, even if we have been advised of the possibility of such damages or losses. Because some provinces and states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation or exclusion may not apply to you. In no event shall the total liability of Gayane Avetisyan Contemporary Jewelry arising directly or indirectly from this website or any products available or purchased through the website or the catalog exceed the lesser of the amount paid by you to Gayane Avetisyan Contemporary Jewelry for any single relevant product at issue or one thousand dollars ($1,000). You hereby acknowledge that all of the provisions of this section will apply to all use of the website or the catalog, the information contained on the website or the catalog, products available or purchased through the website or the catalog, and transactions conducted at the website or arising from the catalog.
14. Communications on Internet; Events Beyond Gayane Avetisyan Contemporary Jewelry’s Control. Use of the Internet is solely at Your own risk and is subject to all applicable local, provincial, state, national, and international laws and regulations. While Gayane Avetisyan Contemporary Jewelry has to create a secure and reliable Website, Gayane Avetisyan Contemporary Jewelry and its affiliates are not responsible for the security of information transmitted via the Internet, the accuracy of the information contained in the Website, or the consequences of any reliance by You on such information. You must make Your own determination as to these matters. Gayane Avetisyan Contemporary Jewelry cannot guarantee that You will be able to access the Website at all times or that the Website will be secure, uninterrupted, or error-free, nor can Gayane Avetisyan Contemporary Jewelry provide assurances that transactions will be completed properly. Gayane Avetisyan Contemporary Jewelry is not responsible for failure to execute a purchase or technical problems that may hinder the efficacy of a purchase (including e-mail, transmission times or other delays). Gayane Avetisyan Contemporary Jewelry and its affiliates shall not be liable for damages as a result of any delay or other failure of performance due to causes beyond their reasonable control including, without limitation, acts of God, acts by You or by any of Your representatives or by any third parties, acts of military or civil authorities, fire or other casualty, strikes, lockouts, weather, epidemic, war, riot, terrorism, telecommunications interruptions or computer viruses.
15. Security of Website. You are prohibited from violating or attempting to violate the security of the Website, including, without limitation: (a) accessing data not intended for Your use or logging onto a server or an account that You are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, by submitting a virus to the Website, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” (d) sending unsolicited e-mail, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Actual or attempted unauthorized use of the Website or violations of system or network security may result in criminal and/or civil prosecution. For Your protection, Gayane Avetisyan Contemporary Jewelry reserves the right to view, monitor, and record activity on the Website without notice and without permission from You. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Website. In addition, Gayane Avetisyan Contemporary Jewelry will comply with all court orders involving requests for such information. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website. You also agree not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website other than the search engine and search agents available from Gayane Avetisyan Contemporary Jewelry on this Website or from generally available third party web browsers.
16. Governing Law. This Website (excluding any links) is owned and controlled by Gayane Avetisyan Contemporary Jewelry from its offices in Montreal, Province of Quebec, Canada. Although this Website can be accessed from other locations, by accessing this Website, You agree that the laws and regulations of the Province of Quebec (and the laws and regulations of Canada, as applicable), without regard to conflict of laws, will apply to all matters relating to use of this Website. In addition, any action or proceeding arising out of or related to these Terms and Conditions of Use or Your use of this Website may be brought only in the courts of the Province of Quebec, and You agree to and consent to the exclusive personal jurisdiction and venue of the courts the Province of Quebec. You are responsible for Your own compliance with local laws regarding Internet use and access.
17. Construction. The section headings used herein are for convenience of reference only and do not form a part of these Terms and Conditions of Use, and no construction or inference shall be derived therefrom. These Terms and Conditions of Use will not be construed for or against either party based on the draftsmanship thereof. No other provisions or changes are binding upon Gayane Avetisyan Contemporary Jewelry unless reduced to writing and signed by an authorized Gayane Avetisyan Contemporary Jewelry representative. If any provision of the Terms and Conditions or any application thereof is held to be invalid or unenforceable for any reason, that provision shall be deemed severable and the remainder of the Terms and Conditions and the application of that provision in other situations shall not be affected.
18. Intellectual Property Rights. All materials contained in the Website, including without limitation all images, text, illustrations, designs, icons, photographs, programs, and written and other materials that are distributed with this Website and all the products available on the Website, are the intellectual property owned, controlled or licensed by Gayane Avetisyan Contemporary Jewelry, or are owned by third parties and appear in the Website with the permission of their respective owners. Accordingly, such materials are protected by law, including but not limited to Canadian and United States copyright, patent, trade secret, trade dress and trademark law, as well as other state, national, and international laws and regulations. Gayane Avetisyan Contemporary Jewelry expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content, and other materials that appear on this Website. Except as otherwise expressly provided in these Terms and Conditions of Use, access by You to this Website does not confer any license under any of Gayane Avetisyan Contemporary Jewelry’s or any third party’s intellectual property rights. The compilation (meaning the collection, arrangement and assembly) of all content on this Website is the exclusive property of Gayane Avetisyan Contemporary Jewelry and is also protected by Canadian and United States and international copyright law. You agree not to copy, modify, adapt, reproduce (except as noted above), publish, translate, distribute, transmit, display, reverse engineer, decompile, create derivative works from, sell or participate in the sale of, dissemble or in any way exploit any aspect of the Website. Please be aware that Gayane Avetisyan Contemporary Jewelry actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
19. Termination. These Terms and Conditions of Use constitute an agreement that is effective until terminated by Gayane Avetisyan Contemporary Jewelry at any time without notice. Gayane Avetisyan Contemporary Jewelry may terminate Your right to use this Website immediately without notice to You if, in Gayane Avetisyan Contemporary Jewelry’s sole discretion, You violate or fail to comply with any of these Terms and Conditions of Use. In the event of termination, You will no longer be authorized to access this Website. The restrictions imposed upon You with respect to material copied or downloaded, and the disclaimers and limitations of liability set forth in the Terms and Conditions of Use, shall survive the termination of these Terms and Conditions of Use.
20. Written Communications. Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
21. Miscellaneous. These Terms and Conditions of Use constitute the entire agreement between You and Gayane Avetisyan Contemporary Jewelry relating to the subject matter addressed herein. If any portion of these Terms and Conditions of Use is ruled to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions will remain valid, enforceable, and carried into effect. The Terms and Conditions of Use may be modified by Gayane Avetisyan Contemporary Jewelry at any time or without prior notice, by posting such changes on the Website. Modifications required by law or designated by Gayane Avetisyan Contemporary Jewelry will become effective immediately. Your continued use of the Website following notice of any such modification will be conclusively deemed Your unconditional acceptance of the revised Terms and Conditions of Use. If any such revision is unacceptable to You, You should discontinue use of the Website immediately. A printed version of these Terms and Conditions of Use and of any notice given in electronic form will be admissible in judicial or administrative proceedings based on or relating to these Terms and Conditions of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The failure of Gayane Avetisyan Contemporary Jewelry to act with respect to a breach of this Agreement by You or others does not constitute a waiver and shall not limit Gayane Avetisyan Contemporary Jewelry’s rights with respect to such breach or any subsequent breaches.