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2. PRODUCT IMAGES Variation in color, pattern, texture, and size of gemstones, metals, and size of finished pieces along with the capabilities of our camera and your computer may affect colors and proportions visible to your eye or on your screen. Purchaser acknowledges that actual item delivered may differ from picture shown or live samples.
3. REGISTRATION In order to make purchases, you must register on this site. When you register, you agree to provide true, accurate, current and complete registration information about yourself and to update such information promptly so as to ensure its accuracy. You may not impersonate, imitate or pretend to be somebody else when registering and/or setting up an account on the Site. If we believe any information that you provide is untrue, inaccurate, out of date or incomplete, we may suspend or terminate your account and refuse you any and all current or future use of the Site.
4. PLACING AN ORDER TO PURCHASE JEWELRY With the exception of custom orders and rentals, orders placed on the Site do not constitute a legal contract until Arya Esha ships the product(s) in the order. Your order is subject to cancellation by Arya Esha, at Arya Esha's sole discretion. Arya Esha is not responsible for pricing, typographical, or other errors, in any offer or copy by Arya Esha and Arya Esha reserves the right to cancel any orders resulting from such errors. All prices and availability are subject to change without notice.
When you add a product to your shopping bag, you may either continue shopping or proceed to the checkout. If you are not logged in when proceeding to the checkout, you will be prompted to do so. Once we have received your order, you will receive an email acknowledging the details of your order. This email is not an order confirmation but rather recognition that we have received your requested order.
Please note that this does not guarantee the availability of the merchandise and that all orders are subject to availability. If we are unable to complete your order, you will be notified via email and will not be charged for orders that cannot be fulfilled.
Once an order has been placed, we are not able to modify or cancel your order. We reserve the right to decline or cancel your order in the event that we are unable to obtain authorization for payment, there are shipping restrictions for a particular product, or we do not have the product in stock.
Products in your shopping bag are not reserved and may be purchased by other clients.
Occasionally, we may have just sold a product which you ordered, and have not had time to take it off our site (or it may have been in your persistent shopping cart). We apologize for any disappointment, but we will reach you to see if you would like a substitution, special order, or just a cancellation.
5. EXCHANGE POLICY At Arya Esha we want you to be satisfied with your purchase. Therefore, except for sized, personalized, sale items, custom orders, or rentals, you may exchange Arya Esha jewelry within 14 business days for another item of equal or greater price. If the price of the other item is more than the price of the item originally purchased, then customer is responsible for paying the difference before the exchange is processed. Please contact email@example.com with the purchaser’s name and invoice number. Once approved for exchange, you will receive an email with an Exchange Authorization Number and instructions for exchanging the item. Arya Esha will not accept packages without an Exchange Authorization Number. Arya Esha will only accept an exchange if the item is in its original, undamaged and unaltered, saleable condition. All exchanged items must be received within 14 business days of being approved by the customer care representative. Since we offer complimentary shipping within the continental United States for the initial order, the purchaser is responsible for any shipping costs and third-party fees associated with the exchange. Sized, personalized, sale items, or custom items are not eligible for an exchange or return. Arya Esha will only accept exchange if the piece is in its original, undamaged and unaltered, saleable condition.
6. REPAIR POLICY We stand behind the quality of our items and are happy to provide one repair free of charge one year from the date of purchase, provided that the repair is required due to a manufacturing defect. The determination of whether the defect is due to manufacturing is solely at our discretion. The owner is responsible for any shipping charges associated with the repair. After one year, repairs will incur a charge. Elective repairs, such as ring resizing or chain lengthening, or errors by the purchaser will involve a charge. They are repaired at the owner's expense plus any shipping charges. Half pairs of earrings cost half the price of a full pair of earrings plus shipping. If an item needs to be repaired, please email us at firstname.lastname@example.org for a return authorization number. Items cannot be accepted for a repair without an RA number. Please note that we are not responsible for your item while it is in transit/until it is in our possession and that repairs typically require 4-6 weeks to complete.
7. PAYMENT Terms of payment are within Arya Esha's sole discretion, and unless otherwise agreed to by Arya Esha, payment must be received by Arya Esha prior to Arya Esha's acceptance of an order. Payment for a product may be made by credit card. All credit/debit cardholders are subject to validation checks and authorization by the card issuer. We reserve the right to cancel an order if it does not meet our credit card verification standards. If the issuer of the credit/debit card or check rejects authorization of payment to Arya Esha, we will not be held liable for any delay or non-delivery.
We currently accept payments by Visa, MasterCard, Discover, American Express, or PayPal. Payment will be debited and cleared from your account upon order confirmation. In filling out the payment requirements, you confirm that you are an authorized user of the credit/debit card.
8. SALES TAX Arya Esha does not charge sales tax for orders delivered in the United States with the exception of deliveries in the state of Florida, in which applicable sales tax will be added to the order amount.
9. DOMESTIC SHIPPING Shipping and handling are additional unless otherwise expressly indicated at the time of sale. Title to the product passes from Arya Esha to you upon shipment. Shipping costs are estimated in the shopping bag check out process, and are subject to additional fees based on the order total, shipping destination, and cost to insure your delivery.
Once we have shipped your order, you will receive an email update with shipping details and a tracking number. You may follow the link in the email to check the estimated arrival of your order. In the event of a production delay, we will promptly notify you with an updated timeframe. Arya Esha cannot be held liable for unanticipated delays in production, shipping, or address verification. Please be aware that all orders are processed Monday through Friday, and delivery time does not include Saturdays, Sundays or Holidays.
Your order will only be shipped once payment and delivery details have been approved. If you require expedited delivery, please contact an Arya Esha team member at email@example.com and we will do our best to accommodate your request.
Please note that we are not responsible for your item after it has shipped and while it is in transit/until it is in our possession.
Any quoted shipping dates are estimates only.
10. INTERNATIONAL SHIPPING Our shopping bag is currently configured for users who are billing and shipping in the United States. We are, however, happy to work with international clients who wish to purchase jewelry from our website. Please contact us with your request via email, at firstname.lastname@example.org.
11. OWNERSHIP OF CONTENT All content, design, information, text, images, names, likenesses, pictures, graphics, formats, code and software, technical drawings, configurations, graphics, photographs, audio and video files, scripts, links, interactive features and other material and files (collectively, “Content”) used on or incorporated into this Site, and the selection, arrangement and/or integration of all such Content are either registered trademarks, trademarks, trade names, service marks, copyrights or otherwise protected property of Arya Esha, or used under license or otherwise, and all rights thereto are specifically reserved. Except as otherwise expressly provided herein, Content on the Site may not be used, copied, published, broadcasted, distributed, reproduced or transmitted without our prior written consent.
You agree to comply with and keep intact, any copyright notices, trademark notices, information, or restrictions contained in or on any Content available on, incorporated into or accessed through the Site. You may not copy, use, download, modify, frame, publish, transmit, retransmit, transfer or sell, license, reproduce, create derivative works from, distribute, perform, display, disseminate, broadcast, cache, rearrange, redistribute, alter, adapt, crop, re-size, reverse engineer, move, remove, delete or in any way exploit or make commercial use of, any material obtained through the Site, including without limitation Content, in whole or in part, directly or indirectly, without the prior written consent of the owner thereof, except as expressly permitted in this Agreement, on the Site, by Arya Esha (and all other entities with an interest in the relevant intellectual property) in writing in each instance or under applicable law.
12. RESTRICTIONS ON USE Except as expressly permitted, you agree not to use the Site for sale, trade or other commercial purposes, and, you may not modify, copy, publish, display, transmit, adapt or in any way exploit the Content on the Site.
You agree not to use the Site to provide information which is incomplete, false, inaccurate and not your own; engage in criminal activity or otherwise give rise to conduct that may violate the law or fail to comply with accepted internet protocol; attempt to interfere in any way with the Site or the Site’s security or to use the Site’s service to gain unauthorized access to any other computer system.
13. THIRD PARTY WEBSITES The Site may contain links to websites and resources on the Internet that are unrelated to us and which are owned and operated by third parties (“Third-Party Sites”). Arya Esha does not make any representations or warranties about any Third-Party Sites you may access through this Site. These links are provided solely as a convenience to you and do not constitute an endorsement by or imply that Arya Esha sponsors, is affiliated or associated with or otherwise recommends, certifies or endorses any Third-Party Sites. We are not responsible for the contents of or any products or services offered on any Third-Party Sites. You must make your own independent decisions regarding your interactions or communications with any other website. Material available on or through Third-Party Websites may be protected by copyright and the intellectual property laws of the United States and/or other countries. The terms of such third-party sites, and not the terms and conditions of this Agreement, govern your use of that material.
14. SECURITY From time to time, we may use techniques designed to identify fraudulent activities. You agree to cooperate with such efforts, as we may, in our sole discretion, deem necessary to identify attempted fraud. You further agree that if, for any reason, you or others acting on your behalf are suspected of fraud or other breach of these Terms, we may, in our sole discretion, declare you to be in breach of the Terms, suspend or terminate your use of the Site, and/or seek prosecution to the fullest extent of the law.
15, DISCLAIMER AND LIMITATION OF LIABILITY Arya Esha attempts to provide accurate and timely information. There may, however, be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site without notice.
Your use and browsing of www.aryaesha.com and any reliance by you upon this Site is at your own risk and you assume responsibility associated with the Site, provided “as is”. Arya Esha disclaims all warranties, conditions, representations and endorsements of any kind, either expressed or implied, with regard to the information accessed including all content and material, functions and services provided on the Site, provided without warranty of any kind, including the warranties concerning availability, accuracy, completeness, usefulness of content and information, uninterrupted access, and any warranty of title, non-infringement, merchantability or fitness for a particular purpose.
Arya Esha does not warrant that the Site, content, materials or services will be timely, secure, uninterrupted or error-free, or that defects will be corrected. If you are dissatisfied with the Site, your sole remedy is to discontinue using the Site. Any material downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk, and you are solely responsible for any damage that may result.
In no event shall Arya Esha, its affiliates or any other respective directors, officers, employees, agents, or content or service providers be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or cause of action arising from or in any way related to the use of, or the inability to use, or the performance of the Site or the Content and materials or functionality on or accessed through the Site including, loss of revenue, or anticipated profits or lost business, data or sales or any other type of damage, tangible or intangible in nature. Some jurisdictions do not allow this limitation or exclusion so this may not apply to you.
Any express of implied warranties, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement are disclaimed by Arya Esha. Arya Esha does not accept liability beyond the remedies set forth herein, including but not limited to any liability for product not being available for use, lost profits, or loss of business. Except as expressly provided herein, Arya Esha will not be liable for any consequential, special, indirect, or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party. You agree that for any liability related to the purchase of product, Arya Esha is not liable or responsible for any amount of damages above the amount paid for the applicable product.
16. INDEMNIFICATION/RELEASE You shall indemnify, defend and hold harmless Arya Eshai ts affiliates, subsidiaries, and its and their respective officers, directors, employees and agents, from and against any and all claims actions or demands, liabilities, losses, expenses, damages and costs, including without limitation reasonable legal and accounting fees, in any way arising from, and against any claim, demand, cause of action, loss or liability (including attorney's fees and expenses of litigation) for any property damage or personal injury arising from You's use of the Site or Jewelry by any cause, including, but not limited to, any third-party claim that any information or materials you provide infringes any third party proprietary right.
The provisions of this Article shall survive the termination of this Agreement with respect to any claims or liability accruing before such termination. IN NO EVENT SHALL ARYA ESHA BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES ARISING FROM YOUR USE OF JEWELRY, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND LOST REVENUE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
18. CAPACITY TO CONTRACT You represent and warrants that he or she is eighteen (18) years or older and otherwise has the legal capacity to contract under the laws to which You are subject.
19. OWNERSHIP You shall not have claim to ownership or title to Jewelry unless You purchase Jewelry and until Arya Esha receives payment for such Jewelry. You shall immediately notify Arya Esha in the event Jewelry is levied, has a lien attached or is threatened with seizure. You shall indemnify and hold Arya Esha harmless against all loss and damages caused by such action. Jewelry shall be deemed at all times to be personal property, whether or not it may be attached to any other property.
20. REMEDIES You acknowledge that the Jewelry provided by Arya Esha under this Agreement is of a unique and special character, and You acknowledge and agree that (a) a breach or threatened breach by you of any of your obligations under this Agreement would give rise to irreparable harm to Arya Esha for which monetary damages may not be an adequate remedy and (b) if a breach or a threatened breach by You of any such obligations occurs, Arya Esha will, in addition to any and all other rights and remedies that may be available to it at law, at equity, or otherwise in respect of such breach, be entitled to equitable relief, including a temporary restraining order, an injunction, a warrant to seize chattel, and any other relief that may be available from a court of competent jurisdiction, without any requirement to (i) post a bond or other security, or (ii) prove actual damages or that monetary damages will not afford an adequate remedy. You agree that You will not oppose or otherwise challenge the appropriateness of equitable relief or the entry by a court of competent jurisdiction of an order granting equitable relief, in each case, consistent with the terms of this Section 13. The preceding notwithstanding, Arya Esha may file claim against You in any court of competent jurisdiction based in any potentially applicable legal theory, including but not limited to, breach of contract, trespass to chattels, unjust enrichment, or claim for payment, and may seek any relief whether based in law or equity. In such instance that You fail to respond to a pleading, Arya Esha may seek default judgment against You.
21. WAIVER. No failure of Arya Esha to exercise or enforce any of its rights under this Agreement shall act as a waiver of subsequent breaches; and the waiver of any breach shall not act as a waiver of subsequent breaches. Arya Esha's acceptance of payment with knowledge of a default by You shall not constitute a waiver of any breach.
22. SEVERABILITY In the event any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be unenforceable, that provision will be enforced to the maximum extent permissible under applicable law, and the other provisions of this Agreement will remain in full force and effect. The parties further agree that in the event such provision is an essential part of this Agreement, they will begin negotiations for a suitable replacement provision.
23. ENTIRE AGREEMENT. This Agreement represents the entire understanding relating to the subject matter hereof and prevails over any prior or contemporaneous, conflicting or additional communications. This Agreement can only be modified by a written amendment signed by the party against whom enforcement of such modification is sought.
24. ASSIGNMENT You may not, without the prior written consent of Arya Esha, transfer or assign this Agreement or any part thereof. Any attempt to do so shall be a material default of this Agreement and shall be void.
25. COUNTERPARTS This Agreement, and any amendment thereof, may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document.
26. INTERPRETATION This Agreement and any dispute arising and all matters arising out of or relating to this Agreement, whether sounding in contract, tort, or statute are governed by, and construed in accordance with, the laws of the State of Florida, United States of America, without giving effect to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of Florida.
27. JURISDICTION AND VENUE Either Party may commence any action, litigation or proceeding of any kind whatsoever against any other party in any way arising from or relating to this Agreement and all contemplated transactions, and based in non-payment, breach of contract and/or any relevant legal theory, in the US District Court for the Middle District of Florida or the courts of the State of Florida sitting in Florida County, including Small Claims and City Courts located therein, and any appellate court from any thereof. Each party submits to the non-exclusive jurisdiction of such courts and agrees that any such action, litigation or proceeding may be brought in US District Court for the Middle District of Florida or the courts of the State of Florida, including Small Claims and City or County Courts located therein. Each Party agrees that a final judgment in any such action, litigation or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.
28. ADDITIONAL TERMS FOR CUSTOM ORDERS
Because not all custom orders are a good fit for us, Arya Esha reserves the right to alter, decline, or cancel custom orders. All our custom orders are subject to the following terms and processes:
Price quotes for pieces that do not include loose diamond stones, emeralds, sapphires, or rubies are valid for two weeks after they are sent and are subject to change after the two-week period has expired.
Because loose diamond and certain gemstone prices vary, quotes that involve loose diamond stones, emeralds, sapphires, or rubies are valid for 48 hours and are subject to change after the 48-hour period has expired.
Upon approval of any quote for a piece that involves the acquisition of stones costing above $3000, we request full payment for the stones before we begin the custom design process. If for some reason, you choose not to design your piece with us, we will be happy to release the stones to you.
Upon your approval of a quote for a piece that does not require the acquisition of stones above $3000, non-refundable deposit is required. This deposit will be applied toward the final payment for your custom piece and may not be applied toward any other purchase from Arya Esha.
Custom orders are not eligible for any Arya Esha promotions or discounts.
If your custom order is not completed within six (6) months of Arya Esha receiving the deposit, the deposit will be forfeited.
Upon receipt of the non-refundable deposit, Arya Esha will give you a Computer Aided Design (CAD). The CAD offers a preview of the final piece.
Because we want you to be satisfied with your custom piece, you receive three opportunities to revise the CAD at no charge. Should you require more than three revisions, please let your designer know, and she will advise you of the additional cost.
Once you have reviewed the CAD and confirmed your design approval, we will request the balance of the final payment due and your order will be processed and crafted.
Our master jewelers will then craft your custom piece. Custom orders are designed to meet Arya Esha’s quality standards. If there is confirmation of a material or structural integrity defect, we will repair or replace free of charge, as appropriate. We cannot make any design changes once the custom piece has been crafted.
Most custom orders are completed within a 6-12 week timeframe. Please let your designer know if you have a deadline by which you would like your custom piece. We will use our best efforts to accommodate an expedited schedule; however, there maybe be an additional charge to expedite the order and unexpected delays may occur. All delivery dates are estimates only. Arya Esha shall not be liable for any special or consequential damages that result from delay in delivery.
Please confirm ring and wrist size before finalizing the custom order. Arya Esha can accommodate re-sizing requests in limited circumstances. If you request a sizing change after, it will be subject to an additional fee.
All custom order pieces are final sale and are ineligible for exchange, return, or refund.
29. ADDITIONAL AGREEMENT FOR JEWELRY RENTAL
A. TERM This Agreement shall commence on the Effective Date and remain in full force and effect until all Jewelry is returned to Arya Esha or purchased by You, unless terminated earlier consistent with the terms herein. You shall return the un-purchased Jewelry to Arya Esha within 10 days from the date You have taken possession of the Jewelry.
B. PAYMENT Arya Esha will request payment information from You through email with the third-party vendor, DeferPay. After receiving payment information Arya Esha has the authority to charge the card submitted for the cost of the rental. You shall authorize Arya Esha to keep a credit card on file and charge the card if You fail to return the piece(s) or chooses to purchase the piece(s).
C. AUTHORIZATION You shall also authorize Arya Esha to charge the credit card on file with Arya Esha, or You otherwise shall pay other charges in accordance with this Agreement due upon return of Jewelry, to the fullest extent allowed by law, including but not limited to:
CI charges for optional shipping services, if any;
C2 applicable state and local taxes;
C3 in case of loss of the Jewelry, an insurance deductible equal to 25% of the retail price of the lost Jewelry, plus any costs incurred by Arya Esha to enforce such charges, including administrative fees for processing the claim and legal costs;
C4 the cost to repair damage to the Jewelry incurred while Jewelry is entrusted to You;
C5 an amount corresponding to the rental price for late return of the Jewelry or the highest amount allowable under law;
C6 all expenses Arya Esha incurs due to failure to return the Jewelry including costs in locating and recovering the Jewelry;
C7 all costs incurred to enforce or collect these charges or other unpaid monies due, including administrative fees for processing the claim and legal expenses.
D. PURCHASE If within 3 days of the end of the Term, You elect to keep the Jewelry, does not return the Jewelry to Arya Esha, or notify Arya Esha of a claim for insurance due to loss or theft, You have thereby purchased the Jewelry at a 15% discounted purchase price displayed on the order, and authorizes Arya Esha to charge Your credit card such amount.
E. INSURANCE Arya Esha provides limited insurance to You, covering validated loss or theft of Jewelry entrusted to You by Arya Esha. You must notify Arya Esha of any claim within 3 days of the end of the Term or, if loss or theft is known earlier, within 3 days of the You becoming aware of the loss of theft. In instances of alleged loss or theft, if You fail to comply with the terms of this Section 5, Arya Esha may require You to pay the retail value for allegedly lost or stolen jewelry along with any administrative or other costs incurred by Arya Esha related the incident. You must:
E1 promptly provide to Arya Esha a police report, stating the facts asserted by You with regard to the loss or theft.
E2 pay a deductible equal to 25% of the retail price noted on the Arya Esha site at the time of order if jewelry is lost, stolen, or damaged beyond reasonable repair in the sole opinion Arya Esha.
F. REPAIR AND ALTERATIONS While entrusted to You, Jewelry shall not be modified, serviced or repaired, and no parts shall be replaced under any circumstances.G. RESTRICTION OF USE You shall not:
G1 permit the Jewelry to be used by any person who You does not authorize to use such Jewelry;
G2 use, maintain or store the Jewelry in a manner likely to cause damage to or loss of the Jewelry.
H. RETURN OF JEWELRY You shall return Jewelry on or before the date specified in Section 1, and in the same condition as You received it, except for normal wear and tear. You shall return the Jewelry to the Arya Esha studio.