TERMS & CONDITIONS

TERMS OF SALE

Last Updated: 9/1/2024

Please read these Terms of Sale carefully prior to making an online purchase from VIVIANSON NEWYORK LLC (“VIVIANSON NEWYORK,” “we,” “us” or “our”) through our website www.viviansonnewyork.com. By purchasing items through the site, you agree to be bound by these Terms of Sale and our TERMS & CONDITIONS, which are incorporated by reference. If you do not agree to all of the terms and conditions set forth in these Terms of Sale, do not purchase any items through the site.

We reserve the right to change or modify these Terms of Sale at any time and in our sole discretion. If we make changes to these Terms of Sale, we will post the amended Terms of Sale to the site and update the “Last Updated” date above. We encourage you to review these Terms of Sale prior to making any purchase through the site to ensure that you understand the terms and conditions that apply to your purchase.

Availability and Pricing

All items offered for sale through the site are subject to availability, and we reserve the right to impose quantity limits on any order, reject all or any part of an order, and discontinue offering items without prior notice, even if you have already placed an order for an item. All prices are shown in U.S. dollars and applicable taxes (as defined below) and other charges, if any, are additional. All prices are subject to change without notice. In the event that an item you are interested in purchasing is not listed on the site or is listed as "Contact Us" on the site, it may not be available for ordering from our online inventory.

Orders

Orders can be placed online at www.viviansonnewyork.com any time. Personalized fine jewelry orders will be confirmed by a VIVIANSON NEWYORK sales representative during weekday business hours. Please note that once a “Fine Jewelry” order goes into production, we are not able to modify or cancel it. All orders with multiple items will ship when all items are finished and/or in stock unless otherwise specified. We will endeavor to send you an email with tracking information when your order ships. We reserve the right to refuse sales or cancel orders placed by a customer in violation of the site’s terms or as otherwise determined by VIVIANSON NEWYORK.

Taxes

You are responsible for any sales, use, duty, and or other governmental taxes or fees (“Taxes”) due with respect to your purchase of items through the Site. We will collect applicable taxes if we determine we have a duty to collect such taxes. We will present an estimate of taxes to be collected at checkout, except where we have clearly stated in writing that a price includes taxes. The actual taxes charged may be adjusted from the amount shown at checkout. Several factors may cause this adjustment, such as variances between processor programs and changes in rates of taxes.

Payments

We accept American Express, Visa, MasterCard, and PayPal. We do not accept Discover cards, cash (except in store) checks, or money orders. Full payment is due before any order is processed and produced. By providing a credit card or other payment method accepted by us, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your order (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your order. In the event you would like to change or update payment information associated with your account on the Site, you can do so at any time by logging into your account and editing your payment information. If any of the items in your order are unavailable, we will charge only the prices, taxes and other applicable charges associated with the items that are included in the shipment.

Shipping and Handling

You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time; however, we will provide notice of the changes applicable to you before you make your purchase. Any delivery dates or times shown as part of the checkout process are estimates only and are not guaranteed. Unless we state otherwise, risk of loss or damage to an item passes to you upon delivery of the item to your specified delivery location. If you have any questions regarding shipping, please contact us at viviansonnewyork@gmail.com.

Returns, Exchanges and Refunds

Fine Jewelry : For all Fine Jewelry product purchases, all sales are final, and may not be returned for exchanges, refunds or merchandise credit.

Lab Grown Diamonds : For all Lab Grown Diamonds product purchases, all sales are final.

Promotions

Any promotions offered by VIVIANSON NEWYORK will state the time frame in which they can be used, along with any other limitations or excluded products. VIVIANSON NEWYORK reserves the right to alter or cancel any promotion without notice. If a promotion is used incorrectly or being abused, VIVIANSON NEWYORK has the right to cancel orders and ban the usage of any further promotional material by such user(s). Only one discount code per order.

Disclaimers; Limitation of Liability

Your use of items purchased through the Site is at your sole risk. Such items are provided “as is” and “as available’ without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. You understand and agree that, to the fullest extent permitted by applicable law, VIVIANSON NEWYORK and its officers, directors, agents, partners and employees (individually and collectively, the “VIVIANSON NEWYORK Parties”) will not be liable to you under any theory of liability—whether based in contract, tort, negligence or otherwise—for any indirect, consequential, incidental, or special damages or lost profits that may be incurred by you, arising out of or in any way connected to these Terms of Sale or the use of, or inability to use, any items purchased through the Site, including, without limitation, any damages caused by or resulting from reliance by you on any information or items obtained from us, whether or not VIVIANSON NEWYORK or another VIVIANSON NEWYORK Party has been advised or should have been aware of the possibility of any such losses. You understand and agree that, to the fullest extent permitted by applicable law, the VIVIANSON NEWYORK Parties’ total liability in connection with the items purchased through the Site and these Terms of Sale will not exceed the amount you actually paid to VIVIANSON NEWYORK for such items purchased.

The limitations set forth in this section will not limit or exclude liability for personal injury or property damage directly and proximately caused by items you purchased from us through the Site or for the gross negligence, fraud or intentional misconduct of any VIVIANSON NEWYORK Parties, or for any other matters in which liability cannot be excluded or limited under applicable law.

Dispute Resolution; Binding Arbitration

INSTEAD OF SUING IN COURT, YOU AGREE THAT ANY DISPUTE RELATING TO THESE TERMS OF SALE, YOUR PURCHASE OF AN ITEM THROUGH THE SITE OR ITEMS PURCHASED FROM US WILL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN NEW YORK, NEW YORK. ANY ARBITRATION UNDER THESE TERMS OF SALE WILL BE CONDUCTED UNDER THE PREVAILING RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THESE RULES ARE DIFFERENT FROM THOSE FOUND IN A COURT BECAUSE, AMONG OTHER REASONS, THERE IS NO JUDGE OR JURY, AND REVIEW IS LIMITED. AN ARBITRATOR CAN AWARD THE SAME DAMAGES AND RELIEF, HOWEVER, AND MUST HONOR THE SAME LIMITATIONS STATED IN THESE TERMS OF SALE AS A COURT WOULD. THE ARBITRATOR'S AWARD SHALL BE BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. ALL ARBITRATIONS SHALL PROCEED ON AN INDIVIDUAL BASIS. THE ARBITRATOR IS EMPOWERED TO RESOLVE THE DISPUTE WITH THE SAME REMEDIES AVAILABLE IN COURT, HOWEVER, ANY RELIEF MUST BE INDIVIDUALIZED TO YOU AND WILL NOT AFFECT ANY OTHER CUSTOMER. YOU AND VIVIANSON NEWYORK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER IN ARBITRATION ONLY IN YOUR OR THEIR RESPECTIVE INDIVIDUAL CAPACITIES AND IN SO DOING YOU WAIVE THE RIGHT TO A TRIAL BY JURY, TO ASSERT OR PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS ACTION ARBITRATION (EITHER AS A NAMED-PLAINTIFF OR CLASS MEMBER), AND TO ASSERT OR PARTICIPATE IN ANY JOINT OR CONSOLIDATED LAWSUIT OR JOINT OR CONSOLIDATED ARBITRATION OF ANY KIND.

Severability

If any provision or part of a provision of these Terms of Sale is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms of Sale and does not affect the validity and enforceability of any remaining provisions.

User Generated Content Terms and Conditions

VIVIANSON NEWYORK LLC and/or its affiliates (collectively, “VIVIANSON NEWYORK”) owns, operates and/or sponsors viviansonnewyork@gmail.com, various websites and microsites, social media (Facebook, Instagram, Snapchat, Twitter, YouTube, LinkedIn, TikTok, and others), and other internet properties that permit users (“you” or “User”) to submit, upload, or publish various types of content (collectively, “VIVIANSON NEWYORK Web Properties”).

Guidelines

When you transmit, upload, post, e-mail or otherwise make available data, text, software, music, audio, photographs, graphics, images, videos, messages, or other materials, including without limitation your name, location information, social media handle, and profile photos ("User Content") on or to any VIVIANSON NEWYORK Web Property, you are entirely responsible for such User Content. This means that you, and not VIVIANSON NEWYORK, are entirely responsible for all User Content that you post to any VIVIANSON NEWYORK Web Property. By using the VIVIANSON NEWYORK Web Properties, you acknowledge that the views and opinions that may be expressed do not necessarily represent the opinions of VIVIANSON NEWYORK. You agree not to engage in, or assist or encourage others to engage in, transmitting, uploading, posting, e-mailing or otherwise making available on any VIVIANSON NEWYORK Web Property any User Content that: is, or which encourages activity or conduct that is, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful or otherwise objectionable; is known by you to be false, inaccurate or misleading; you were compensated for in any way by any third party; contains restricted or hidden content; or infringes any patent, trademark copyright, trade secret, right of publicity, or other proprietary rights of any party.

VIVIANSON NEWYORK reserves the right to remove, modify and/or block any offensive or inappropriate content that may violate the rights of others, or violate any of the VIVIANSON NEWYORK Web Properties’ terms of use. You acknowledge that VIVIANSON NEWYORK has the right, though not the obligation, in its sole discretion to refuse to post or to remove any User Content.

You understand that by using the VIVIANSON NEWYORK Web Properties, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will VIVIANSON NEWYORK be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by any person in connection with any User Content.

Without limiting the generality of the foregoing or any other provision of these User-Generated Content Terms, VIVIANSON NEWYORK reserves the right to terminate access to submit User Content to VIVIANSON NEWYORK Web Properties without prior notice for any user who violates these UGC Terms and infringes the rights of others. Please note that any such termination will not affect your ability to make purchases, returns, or otherwise interact with the services VIVIANSON NEWYORK provides.

Privacy Policy

All users of VIVIANSON NEWYORK Web Properties agree that their access to, and use of, any VIVIANSON NEWYORK Web Property is subject to these UGC Terms, the VIVIANSON NEWYORK’s Privacy Policy, and all applicable laws, and that any such access or use is undertaken at the user's own risk. The User Content that you submit will be treated as non-confidential and non-proprietary, and VIVIANSON NEWYORK has no obligation to maintain the confidentiality of any information, in whatever form, contained in any submission, except pursuant to VIVIANSON NEWYORK’s Privacy Policy. By using VIVIANSON NEWYORK Web Properties, you consent to the collection of any personal information you provide for use and disclosure in connection with VIVIANSON NEWYORK’s use of your User Content as described in these UGC Terms.

Miscellaneous

Instagram™, Twitter™, Facebook™, YouTube™ and other similar social media forums are registered trademarks of their respective companies and not affiliated with VIVIANSON NEWYORK LLC or viviansonnewyork.com. Any submission via these or other similar social media sites are subject to all rules and regulations of such sites. If you choose to submit User Content via mobile phone, standard data rates may apply. Publicly accessible User Content is governed by the terms and conditions of the respective social media platform where said User Content has been posted.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER VIVIANSON NEWYORK NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE VIVIANSON NEWYORK WEB PROPERTIES IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS ARISING OUT OF YOUR ACCESS TO, OR USE OF, ANY VIVIANSON NEWYORK WEB PROPERTY, EVEN IF VIVIANSON NEWYORK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE VIVIANSON NEWYORK WEB PROPERTIES IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

You agree not to post any content or mechanism that attempts to gain access to restricted areas of any of VIVIANSON NEWYORK Web Properties, collect or solicit passwords or personal information from other users, or engage in commercial activities via any of the VIVIANSON NEWYORK Web Properties.

In addition, you agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of spam. You further agree not to: impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; intentionally or unintentionally violate any applicable local, state, national or international law; or collect or store personally identifiable data about other users.

While VIVIANSON NEWYORK strives to make the VIVIANSON NEWYORK Web Properties safe and positive places, they remain public forums, and other users may attempt to obtain personal information about you in order to harass or injure you. By using the VIVIANSON NEWYORK Web Properties, you acknowledge and agree that VIVIANSON NEWYORK is not responsible for others' misuse of information publicly disclosed on any VIVIANSON NEWYORK Web Property. Please carefully select the type of information that you post or share and report any abuses to us by contacting viviansonnewyork@gmail.com.

Your dealings with advertisers or any links or third-party sites found on or through the service are solely between you and such third-party. Because VIVIANSON NEWYORK has no control over such sites and resources, you acknowledge and agree that VIVIANSON NEWYORK is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, materials, advertising, products, promotions or any other activities or events. We suggest that you carefully read the applicable terms and privacy policies of any other site you may visit.

Our Policy

Repairs are offered on products purchased at full price within 60 days of receipt from viviansonnewyork.com. Repairs are limited to manufacturing defects only. In cases of misuse, repairs are at the discretion and ability of VIVIANSON NEWYORK. All repairs require submission of the repair authorization form below.

*Note: VIVIANSON NEWYORK currently does not offer product refurbishment or re-plating. For questions regarding jewelry care, please refer to our jewelry care page.

If you have any questions regarding these Terms of Sale, please contact us at viviansonnewyork@gmail.com.