last updated November 30, 2018
These terms and conditions (the “Terms and Conditions”) govern access to and use of the Tiina Smith Contemporary website located at www.tiinasmithcontemporary.com (together with any related webpages, the “Site”). Please read these Terms and Conditions carefully. BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
These Terms and Conditions govern your use of, and any purchase from, the Site, and constitute an agreement between you and Tiina Smith Contemporary. Tiina Smith Contemporary reserves the right to change or modify any of these Terms and Conditions or any policy or guideline of the Site at any time, and in its sole discretion. Any change or modification will be effective immediately upon posting of the revisions on the Site. Your continued use of the Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review these Terms and Conditions and any other applicable policies to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.
SHIPPING AND RETURNS
SHIPPING We currently ship anywhere in the United States. All items are shipped via UPS and are insured fully. Applicable shipping fees will be added to each order. We typically fill orders for in-stock pieces by the next business day. Please allow approximately 4 days from the date of purchase for delivery. (At certain times, we are at the mercy of poor weather or holiday rush and items may take a little longer to reach you.) For custom pieces, delivery times vary but typically range between 2 and 4 weeks. For expedited shipping, please contact firstname.lastname@example.org, and we will do our very best to accommodate your requests.
In-Stock Items: While we are confident that you will be pleased with your purchase, we do accept returns for store credit only on all in-stock items. If you are not happy with the item for any reason, you may return it in original, unworn condition, with its original packaging, within 10 days of the date of purchase. Upon receipt and inspection of the item, we will provide you with store credit equal to the full price of the item, excluding shipping fees. If you would like to return an in-stock item, please contact us immediately at email@example.com for further instructions, so that you can complete your return within the 10-day return window. You will be responsible for the return shipping fees and any loss of or damage to the item that occurs while on route to our fulfillment center. We suggest that you insure your return shipment for the full replacement value.
Custom Pieces: We are pleased to offer you one-of-a-kind and custom pieces in addition to our hand selected in-stock items. Because these pieces are made specifically for you, these orders are final sale and we cannot accept any returns or exchanges.
We encourage you to reach out to us at firstname.lastname@example.org if you have any questions before placing your custom order so that we can work with you to create the perfect piece for you.
Repairs: If an item shipped to you is damaged, it can be returned within 10 days of the date of purchase. We will make all necessary repairs or replace the item if needed. At our discretion, a refund may be issued without requiring a return. If you would like to return a damaged item, please contact us immediately at email@example.com for further instructions, so that you can complete your return within the 10-day return window. We will reimburse you for costs you reasonably incur in returning the damaged item. If you fail to obtain insurance for the full replacement value of the item, you will be responsible for any loss or damage to the item that occurs while on route to our fulfillment center.
PRODUCT DESCRIPTIONS, AVAILABILITY, SIZING, AND PRICING
Product images are subject to change without notice. All products are photographed to show as much detail as reasonably possible. Some items may appear larger or smaller than their actual sizes, and are not shown to scale. The item descriptions indicate approximate dimensions. Also, please note that because computer monitors have different settings, colors and sizes may vary. If you have any questions regarding the size, color or any other physical aspect of a particular item, please contact us at firstname.lastname@example.org.
All total carat weights provided are approximate estimates and may vary. Carat weight for standard-size rings is based on a U.S. size 6 or 7. All of our rings are standard U.S. sizes. If you do not know your U.S. ring size, we recommend contacting your local jeweler. Please email email@example.com for any custom sizing requests
Data, including prices, may be inaccurately displayed on our Site due to system or typographical errors. While we make every attempt to avoid these errors, they may occur. We reserve the right to correct any and all errors when they do occur, and we do not honor inaccurate or erroneous prices. If a product's listed price is lower than its actual price, we will, at our discretion, either contact you for instructions before shipping the product or cancel the order and notify you of such cancellation. If the order has been shipped, you agree to either return the product or pay the difference between the actual and charged prices. Our prices are also subject to change without notice. We apologize for any inconvenience that this may cause.
Payments for orders placed on our Site are processed through an online e-commerce platform hosted by Shopify Inc.
ACCESS TO THE SITE
Subject to and conditional upon your compliance with these Terms and Conditions, Tiina Smith Contemporary provides you with access to our Site and grants to you a limited, non-exclusive, nontransferable, right and license to use certain functionality we may make available to you from time to time via the Site. We reserve the right to withdraw or amend this Site, and any functionality, service, or material we provide on the Site, in our sole discretion, without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to the Site and ensuring that all persons who access the Site through your internet connection are aware of these Terms and Conditions and comply with them.
The Site and all of its contents, features, and functionalities, including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof (“Content”), are the property of, or used with permission by, Tiina Smith Contemporary, are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, and may not be used except as permitted in these Terms and Conditions or with the prior written permission of the owner of such material. You may not modify Content in any way or reproduce or publicly display, perform, distribute, or otherwise use any such Content for any public or commercial purpose. Any unauthorized use of Content may violate copyright laws, trademark laws, laws of privacy and publicity, or other laws, rules, and regulations. You may not remove any copyright, trademark, or other proprietary notices from the Site or any Content. All rights to Content not expressly granted herein are reserved by and to the respective owners of such Content. Nothing grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on the Site without our written permission or the written permission of their third-party owner.
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 or the 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 Site, 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 Site, other websites, or the Internet.
We reserve the right to terminate your use of the Site or any related website for violating any of the prohibited uses. 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.
If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Site is based in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY TIINA SMITH CONTEMPORARY, THIS SITE, THE CONTENT CONTAINED THEREIN AND THE PRODUCTS AND SERVICES PROVIDED ON OR IN CONNECTION THEREWITH ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TIINA SMITH CONTEMPORARY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT, AND MATERIALS IN OUR SITE. TIINA SMITH CONTEMPORARY DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN OUR SITE OR THE PRODUCTS AND SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. TIINA SMITH CONTEMPORARY DOES NOT REPRESENT OR WARRANT THAT OUR SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
IN NO EVENT WILL TIINA SMITH CONTEMPORARY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS TIINA SMITH CONTEMPORARY, ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES OR FEES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR RELATING TO YOUR VIOLATION OF THESE TERMS AND CONDITIONS OR YOUR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, YOUR USE OF THE SITE’S CONTENT, FEATURES, AND FUNCTIONALITIES OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS AND CONDITIONS.
APPLICABLE LAW; VENUE; LIMITATION OF ACTIONS
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without regard to its conflicts of law rules, and you and we irrevocably consent, in connection with any action to enforce these Terms and Conditions or arising out of your use of the Site, to the jurisdiction of the federal and state courts located in Middlesex County, in the Commonwealth of Massachusetts. No action arising out of these Terms and Conditions or the subject matter hereof, regardless of form, may be brought by you more than one (1) year after the cause of action has arisen. You may not take legal action against Tiina Smith Contemporary without first (a) sending us, a detailed written description of the facts and law out of which your claim arises; and (b) negotiating with us, in good faith, toward resolution of the dispute.
YOUR COMMENTS AND CONCERNS
Tiina Smith Contemporary welcomes your feedback, comments, requests for technical support and other communications relating to the Site. Please contact us at firstname.lastname@example.org.