Terms & Conditions
TERMS & CONDITIONS
These terms and conditions apply to CALVIN’S Fine Jewelry’s website (the ‘Site’), located at web address: www.calvinsjewelry.com, and all associated websites linked to it therein by CALVIN’S Fine Jewelry, its subsidiaries and/or affiliates. We ask that you please read these terms and conditions (the 'Terms and Conditions') carefully. BY VISITING AND/OR USING THE SITE, SUCH AS VIEWING PRODUCTS OR CREATING AN ORDER, YOU AGREE TO THESE TERMS AND CONDITIONS. If you do not wish to be bound by these Conditions, do not access or use the Site.
Change of Terms
These Terms and Conditions govern your use of, and any purchase from the Site constitutes an agreement between you and CALVIN’S Fine Jewelry ( also known as ‘the Company’ &/or ‘We’ &/or ‘Our’). We reserve the right to change and/or modify any of these Terms and Conditions, any policy or guideline of the Site at any time. Any change, modification or revision will be effective immediately upon posting any of the aforementioned to the Site. Your continued use of the Site following updates of changes or modifications will constitute your acceptance of such changes and/or modifications. Therefore, please frequently review these Terms and Conditions and Policies from time-to-time to understand the terms and conditions that apply to your use of www.calvinsjewelry.com. If you do not agree to the amended terms, you must cease using the Site.
These Terms and Conditions govern your use of, and any purchase from the Site constitutes an agreement between you and CALVIN’S Fine Jewelry ( also known as ‘the Company’ &/or ‘We’ &/or ‘Our’). We reserve the right to change and/or modify any of these Terms and Conditions, any policy or guideline of the Site at any time. Any change, modification or revision will be effective immediately upon posting any of the aforementioned to the Site. Your continued use of the Site following updates of changes or modifications will constitute your acceptance of such changes and/or modifications. Therefore, please frequently review these Terms and Conditions and Policies from time-to-time to understand the terms and conditions that apply to your use of www.calvinsjewelry.com. If you do not agree to the amended terms, you must cease using the Site.
Site Content
The Site and all content and other materials, including, without limitation, CALVIN’S Fine Jewelry’s logo, all designs, text, icons, graphics, logos, images, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of CALVIN’S Fine Jewelry and are protected by United States and international trade dress, copyright laws, patent and trademark laws, and other intellectual property rights and unfair competition laws. Copyright in the documents and material on the Site is owned by or licensed to CALVIN’S Fine Jewelry. You are authorized to use this material only for personal, non-commercial purposes. You may download, print, and store copies of this material for your own personal, non-commercial use. Nothing contained on the Site should be construed as granting any license or right to use any trademark or service mark displayed on the Site without the written permission of CALVIN’S Fine Jewelry or any third party that may own such trademarks or service marks.
The Site and all content and other materials, including, without limitation, CALVIN’S Fine Jewelry’s logo, all designs, text, icons, graphics, logos, images, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of CALVIN’S Fine Jewelry and are protected by United States and international trade dress, copyright laws, patent and trademark laws, and other intellectual property rights and unfair competition laws. Copyright in the documents and material on the Site is owned by or licensed to CALVIN’S Fine Jewelry. You are authorized to use this material only for personal, non-commercial purposes. You may download, print, and store copies of this material for your own personal, non-commercial use. Nothing contained on the Site should be construed as granting any license or right to use any trademark or service mark displayed on the Site without the written permission of CALVIN’S Fine Jewelry or any third party that may own such trademarks or service marks.
Use Of The Site
You are granted a personal, limited, non-sublicensable license to access and use our Site and electronically copy, (except where prohibited without a license) and print to hard copy portions of our Site Materials for your informational, non-commercial and personal use only. Such license is subject to these Terms and Conditions: we prohibit the collection and use of any product listings, pictures or descriptions for commercial purposes; the distribution or public display of any Site Materials, modification or otherwise making any derivative uses of our Site and the Site Materials, use of any automated means to access, monitor or interact with any portion of our Site, including through data mining, robots, or any similar data gathering or extraction methods; downloading (other than the page caching) of any portion of our Site, the Site Materials or any information contained therein, except as expressly permitted; cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisement, or anything else which minimizes, covers, frames or inhibits the full display of our Site; use our Site in any way which interferes with the normal operation of our sites; or any use of our Site or the Site Materials other than for its intended purpose. Any use of our Site or included Materials other than as specifically authorized herein, without the prior written permission of CALVIN’S Fine Jewelry, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms and Conditions shall be construed as conferring any license to intellectual property rights by implication, or otherwise. This license is revocable at any time.
You are granted a personal, limited, non-sublicensable license to access and use our Site and electronically copy, (except where prohibited without a license) and print to hard copy portions of our Site Materials for your informational, non-commercial and personal use only. Such license is subject to these Terms and Conditions: we prohibit the collection and use of any product listings, pictures or descriptions for commercial purposes; the distribution or public display of any Site Materials, modification or otherwise making any derivative uses of our Site and the Site Materials, use of any automated means to access, monitor or interact with any portion of our Site, including through data mining, robots, or any similar data gathering or extraction methods; downloading (other than the page caching) of any portion of our Site, the Site Materials or any information contained therein, except as expressly permitted; cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisement, or anything else which minimizes, covers, frames or inhibits the full display of our Site; use our Site in any way which interferes with the normal operation of our sites; or any use of our Site or the Site Materials other than for its intended purpose. Any use of our Site or included Materials other than as specifically authorized herein, without the prior written permission of CALVIN’S Fine Jewelry, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms and Conditions shall be construed as conferring any license to intellectual property rights by implication, or otherwise. This license is revocable at any time.
Product Availability
Due to the nature of custom-made jewelry, such as our engagement rings, you understand & acknowledge that such items may have a turn around time of up to 4 to 6 weeks. Custom made jewelry often requires sourcing of materials as well as extensive craftsmanship & inspection before being packaged and/or prepared for shipping or in-store pickup.
Due to the nature of custom-made jewelry, such as our engagement rings, you understand & acknowledge that such items may have a turn around time of up to 4 to 6 weeks. Custom made jewelry often requires sourcing of materials as well as extensive craftsmanship & inspection before being packaged and/or prepared for shipping or in-store pickup.
While we do try to ensure product availability, on occasion, you may be able to place a product in your shopping cart and submit your order for processing, but your order is subsequently cancelled due to unavailability of product. You acknowledge that products may sell quickly and there may be a short period of time after an order has been submitted, but where the product is no longer available. You agree that we may cancel your order after you have received an Order Confirmation without penalty.
On very rare occasions, you may receive a Shipping Confirmation from us, but the product is no longer available in our or our third party fulfillment provider's inventory. You agree that we may rescind our acceptance and cancel your order without penalty if we are unable to ship the product you ordered due to unavailability.
Sometimes an item may go out of stock before we are able to post a notification on the Site. If this happens, we will contact you directly to discuss possible options.
Pricing
In rare circumstances, data, including prices, may be inaccurately displayed on our Site due to system or typographical error. By using this Site you acknowledge & accept that such errors may occur. Inadvertent errors or inaccurate advertised prices are not binding of CALVIN’S Fine Jewelry, and may be adjusted by CALVIN’S at any time. We reserve the right to make corrections to any and all errors. If an order is placed with a lower product’s listed price than the actual price, we will use discretion to either advise you before shipping the product or cancel the order and notify you of such cancellation. Our prices are also subject to change without notice. We apologize for any inconvenience that this may cause. If you have any questions, please do not hesitate to contact one of our diamond and jewelry experts at hello@calvinsjewelry.com.
In rare circumstances, data, including prices, may be inaccurately displayed on our Site due to system or typographical error. By using this Site you acknowledge & accept that such errors may occur. Inadvertent errors or inaccurate advertised prices are not binding of CALVIN’S Fine Jewelry, and may be adjusted by CALVIN’S at any time. We reserve the right to make corrections to any and all errors. If an order is placed with a lower product’s listed price than the actual price, we will use discretion to either advise you before shipping the product or cancel the order and notify you of such cancellation. Our prices are also subject to change without notice. We apologize for any inconvenience that this may cause. If you have any questions, please do not hesitate to contact one of our diamond and jewelry experts at hello@calvinsjewelry.com.
We do not negotiate prices on our products and all our prices are final.
Payment
After you have selected your jewelry and provided shipping information, you will see a prompt for your payment details, including your credit card information, promotional codes and/or gift card options. By entering your payment information and submitting your order, you authorize CALVIN’S and our third party payment processors to charge the amount of the order to your selected/provided payment method.
After you have selected your jewelry and provided shipping information, you will see a prompt for your payment details, including your credit card information, promotional codes and/or gift card options. By entering your payment information and submitting your order, you authorize CALVIN’S and our third party payment processors to charge the amount of the order to your selected/provided payment method.
Return, Exchange & Store Credit Requests
Need a different size? If you would like to exchange your purchase, receive in store credit or request a refund, please contact CALVIN'S at hello@calvinsjewelry.com. We're here to help you make the best decision for you! That's why all purchases are guaranteed with CALVIN'S Promise.
Refund Policy
To request a refund, please contact hello@calvinsjewelry.com with your purchase number, your name, and your request. Requests for refunds must be made within 10 business days. All requests will be honored from the date submitted. Once we receive your request, we will provide you with a Return Authorization Number and a pre-paid shipping label to complete your return. Once we receive your return, you will be refunded the full balance of the original purchase price to the original form of payment within 3 business days. Please note that all refund requests made after 10 business days can be only be honored with store credit or via exchange. All returns must be in original condition; any items returned broken, damaged or not in original condition will not be accepted and will be returned to the original purchaser without the option of refund, store credit or exchange. We're here to help! We welcome you to send any questions to hello@calvinsjewelry.com or reach us by phone: (512) 794 - 1911.
Your Account and Order
When you access or use CALVIN’S website or your personalized account, you are solely responsible for maintaining the confidentiality of your account and for restricting access to your computer and or device. You are further responsible for all activities that occur under your personal account as well as your password. If you are under the age of 18 years old, you may use calvinsjewelry.com only under the supervision of a parent or guardian. We reserve the right to refuse service, terminate accounts, remove and/or edit content, cancel or update orders.
When you access or use CALVIN’S website or your personalized account, you are solely responsible for maintaining the confidentiality of your account and for restricting access to your computer and or device. You are further responsible for all activities that occur under your personal account as well as your password. If you are under the age of 18 years old, you may use calvinsjewelry.com only under the supervision of a parent or guardian. We reserve the right to refuse service, terminate accounts, remove and/or edit content, cancel or update orders.
In the case where a customer files a chargeback, we have the right to recover our direct and indirect costs, and cancel any promotional items, free shipping, and/or any other benefits.
Passage of Title/ Ownership
Title for goods purchased from CALVIN’S passes from CALVIN’S Fine Jewelry to the purchaser’s designee at the time that goods are delivered to the designee.
Title for goods purchased from CALVIN’S passes from CALVIN’S Fine Jewelry to the purchaser’s designee at the time that goods are delivered to the designee.
Signature Requirements for Delivery
For your protection, CALVIN’S insures and registers all items for their full value. We require all deliveries to be made to a physical business or home address. We do not ship to P.O. Box addresses. Once shipped, we will provide you with tracking information. Your order will usually arrive within two business days, or overnight for an additional fee. CALVIN’S courier requires an adult to sign for delivery of all orders.
Cancellation of Products
We reserve the right to cancel products or services to any customer for any reason at any time.
Diamond Certificates
When you order a loose diamond, CALVIN’S will ship your diamond to you with the accompanying diamond grading report (also called a diamond certificate). These grading reports are detailed documents created by diamond grading experts at highly-respected laboratories (GIA). These documents act as a kind of “fingerprint” to help provide identification and/or valuation for your diamond’s unique qualities.
When you order a loose diamond, CALVIN’S will ship your diamond to you with the accompanying diamond grading report (also called a diamond certificate). These grading reports are detailed documents created by diamond grading experts at highly-respected laboratories (GIA). These documents act as a kind of “fingerprint” to help provide identification and/or valuation for your diamond’s unique qualities.
Comparison Purchasing
We do not allow comparison purchasing. Comparison purchasing is the act of buying several items with the intention of keeping the one you like best and returning the remaining items. If you have any questions, please contact our experts at hello@calvinsjewelry.com and we will be happy to help you find the perfect piece!
We do not allow comparison purchasing. Comparison purchasing is the act of buying several items with the intention of keeping the one you like best and returning the remaining items. If you have any questions, please contact our experts at hello@calvinsjewelry.com and we will be happy to help you find the perfect piece!
Information on Our Site
We are committed to providing current and accurate information on our Site. While we try to ensure this information is always correct, accurate and complete, sometimes error or incomplete information may be expressed.
We are committed to providing current and accurate information on our Site. While we try to ensure this information is always correct, accurate and complete, sometimes error or incomplete information may be expressed.
Information that CALVIN’S communicates is not a binding contract. To correct information you believe may be in error, please request assistance from one of our helpful Family representatives at hello@calvinsjewelry.com.
Products may appear on the Site larger or smaller than their actual size. Given the variation in computer monitor settings, color and size specifications may vary slightly when viewing product photography. In compliance with industry standards and FTC regulations, carat total weight may vary 0.05 carats from stated weight. For diamond jewelry set with multiple diamonds, we provide the minimum or average total carat weight for the piece. Color and clarity grades are expressed as either a minimum or an average depending on the number of diamonds. If stated as a minimum, all diamonds within the piece are at or above the stated quality. If expressed as an average, collectively the quality is equal to or exceeds the grade stated.
We retain the full unrestricted rights to all jewelry designs, whether custom or standard, and may choose to market or sell jewelry based on such designs.
All representations of our pieces such as gemstone or diamond origin, recycled content of precious metals are provided to the best of our knowledge and without guarantee or warranty of any kind.
Privacy Policy
Please review our Privacy Policy, which also governs your visit to this site and for information on how we collect, use and disclose personally identifiable information from our customers. We reserve the right to cooperate with legitimate governmental requests, subpoenas or court orders to protect our systems and customers, or to ensure the integrity and operation of our business and systems. We may access and disclose any information considered necessary or appropriate, including user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted User Content (as defined herein). Our right to disclose any such information shall govern over any terms of CALVIN’S Privacy Policy.
Please review our Privacy Policy, which also governs your visit to this site and for information on how we collect, use and disclose personally identifiable information from our customers. We reserve the right to cooperate with legitimate governmental requests, subpoenas or court orders to protect our systems and customers, or to ensure the integrity and operation of our business and systems. We may access and disclose any information considered necessary or appropriate, including user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted User Content (as defined herein). Our right to disclose any such information shall govern over any terms of CALVIN’S Privacy Policy.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, we have the sole discretion to terminate and ban specific website users or account holders who under appropriate circumstances are determined to be repeat infringers. We may limit access to this website and/or terminate the account of any users whom we reasonably suspect have infringed any intellectual property rights of others, whether or not there is any repeat infringement.
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, we have the sole discretion to terminate and ban specific website users or account holders who under appropriate circumstances are determined to be repeat infringers. We may limit access to this website and/or terminate the account of any users whom we reasonably suspect have infringed any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Content
We may provide links to Web pages and content of third parties ('Third Party Content') as a service to those interested in this information. We do not monitor or have any control over any Third Party Content or Sites. CALVIN’S does not endorse any Third Party Content and can make no guarantee as to its accuracy or completeness. We also do not represent or guarantee the accuracy of any information contained therein, and undertake no responsibility to update or review any Third Party Content. You assume any risk by use of these links and/or any Third Party Content contained therein.
We may provide links to Web pages and content of third parties ('Third Party Content') as a service to those interested in this information. We do not monitor or have any control over any Third Party Content or Sites. CALVIN’S does not endorse any Third Party Content and can make no guarantee as to its accuracy or completeness. We also do not represent or guarantee the accuracy of any information contained therein, and undertake no responsibility to update or review any Third Party Content. You assume any risk by use of these links and/or any Third Party Content contained therein.
Advertisements and Promotions
CALVIN’S Fine jewelry may run advertisements and/or promotions from third parties on our website. These advertisements and promotions are conducted under the direction of the third party and we are not responsible or liable for any loss, damage or liability incurred by you as a result of any dealings with the third party provider or resulting from the presence of these unaffiliated third parties on our Site. Any business transactions, correspondence with, participation in the promotions of, advertisers other than CALVIN’S and any terms, conditions, warranties, or representations associated with such dealings, are exclusively between you and such third party.
CALVIN’S Fine jewelry may run advertisements and/or promotions from third parties on our website. These advertisements and promotions are conducted under the direction of the third party and we are not responsible or liable for any loss, damage or liability incurred by you as a result of any dealings with the third party provider or resulting from the presence of these unaffiliated third parties on our Site. Any business transactions, correspondence with, participation in the promotions of, advertisers other than CALVIN’S and any terms, conditions, warranties, or representations associated with such dealings, are exclusively between you and such third party.
Feedback and Submissions
You acknowledge and agree that any feedback or submissions, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding this site, company, or our products or services that are provided by you to CALVIN’S in any form are non-confidential and upon submission, shall become the sole property of CALVIN’S. We shall own exclusive rights, including all intellectual property rights to said feedback and submissions, and shall be entitled to the unrestricted use and dissemination of the feedback and submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You grant us and our affiliates and sublicensees the right to use the name that you submit in connection with such content, if so chosen. You represent and warrant that (a) you own and control all of the rights to the content that you submit, or that you otherwise have the right to submit such content to this site; (b) the content is accurate and not misleading; and (c) use and posting of the content you supply will not and does not violate any rights of or cause injury to any person or entity.
You acknowledge and agree that any feedback or submissions, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding this site, company, or our products or services that are provided by you to CALVIN’S in any form are non-confidential and upon submission, shall become the sole property of CALVIN’S. We shall own exclusive rights, including all intellectual property rights to said feedback and submissions, and shall be entitled to the unrestricted use and dissemination of the feedback and submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You grant us and our affiliates and sublicensees the right to use the name that you submit in connection with such content, if so chosen. You represent and warrant that (a) you own and control all of the rights to the content that you submit, or that you otherwise have the right to submit such content to this site; (b) the content is accurate and not misleading; and (c) use and posting of the content you supply will not and does not violate any rights of or cause injury to any person or entity.
Social Media User Content
On occasion, CALVIN’S may reach out to social media users to seek their permission to feature our favorite content on our Site, social channels, or in promotional materials. We may request permission from you to use your social media User Content consisting of photos, text, graphics, audio, video, comments and other materials from social media sites, in connection with our business, product features, marketing, promotional, advertising and other consumer-related activities.
On occasion, CALVIN’S may reach out to social media users to seek their permission to feature our favorite content on our Site, social channels, or in promotional materials. We may request permission from you to use your social media User Content consisting of photos, text, graphics, audio, video, comments and other materials from social media sites, in connection with our business, product features, marketing, promotional, advertising and other consumer-related activities.
When you respond to a request for permission to use your social media User Content, you are granting CALVIN’S and its related agents, licensees, sublicensees, contractors, successors, legal representatives, assigns, and third-party service providers, and their respective retail partners, marketing or public relations agencies, and other affiliates (the “Licensed Parties”) a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sublicensable right to use your social media User Content in any manner to be determined in the Licensed Parties’ sole discretion, including but not limited to on webpages and social media pages operated by the Licensed Parties, in promotional e-mails and advertisements, and in any and all other marketing, promotional and advertising initiatives, and in any media now or hereafter known. The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your social media User Content in any manner in their sole discretion, with no obligation to you whatsoever.
You are also granting the Licensed Parties the right to use your username, real name, image, likeness, descriptions of you, location or other identifying information, including but not limited to your voice, in connection with any use of your social media User Content.
You are also agreeing, representing and warranting that (i) you are solely responsible for your social media User Content, (ii) you own all rights in and to your social media User Content and/or have obtained appropriate rights and permissions from any and all other persons and/or entities who own, manage or otherwise claim any rights with respect to such social medial User Content, (iii) you are not a minor, (iv) the Licensed Parties’ use of your social media User Content as described herein will not violate the rights, including but not limited to copyright, trademark, patent, trade secret, privacy, publicity, moral, proprietary or other rights, of any third party, or any law, rule or regulation, and (v) the social media User Content is not libelous, defamatory, obscene, explicit, abusive, indecent, threatening or harassing, hateful, or offensive or otherwise unlawful.
Please note that the social media User Content that you submit is deemed non-confidential and the Licensed Parties have no obligation to maintain the confidentiality of any information, in whatever form, contained in any submission, except pursuant to the Licensed Parties’ respective privacy policies. By using this Site, you are consenting to the Licensed Parties’ collection of any personal information you provide for the Licensed Parties’ use and disclosure in connection with the use of your social media User Content as described herein. Your personal information may also be transferred to servers located outside the country in which you live or to third parties in other countries so that we may process personal information on the Licensed Parties behalf. By providing the Licensed Parties with personal information, you agree to the foregoing collection, use, disclosure, transfer and processing of your information in accordance with the terms of these Terms and Conditions, the our Privacy Policy and applicable data protection laws and regulations.
The Licensed Parties reserve the right to remove any social media User Content from the Site. If you believe any content, including social media User Content, residing on the Site infringes any person’s or entity’s copyright rights, please contact us immediately.
Product Reviews and User Content
CALVIN’S site and social media accounts include or may include in the future a product review feature, discussion forums, user generated content, or other areas or services in which you or a third party has the opportunity to create, post, or store content, messages, materials or other items on our website or social media accounts (“Interactive Areas”). You shall be solely responsible for your use of such Interactive Areas. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through our website any of the following: (a) any message, data, information, text, music or sound, photos or video, graphics, code or any other material (“User Content”) that is or would reasonably be considered unlawful, libelous, defamatory, obscene, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable; (b) User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law, statute or regulation, including, but not limited to, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ; (c) User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; (d) User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; (e) Unsolicited promotions, political campaigning, advertising or solicitations; (f) Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; (g) Viruses, corrupted data or other harmful, disruptive or destructive files; and (h) User Content that, in the sole judgment of CALVIN’S, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or our website, or which may expose CALVIN’S or its users to any harm or liability of any type.
CALVIN’S site and social media accounts include or may include in the future a product review feature, discussion forums, user generated content, or other areas or services in which you or a third party has the opportunity to create, post, or store content, messages, materials or other items on our website or social media accounts (“Interactive Areas”). You shall be solely responsible for your use of such Interactive Areas. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through our website any of the following: (a) any message, data, information, text, music or sound, photos or video, graphics, code or any other material (“User Content”) that is or would reasonably be considered unlawful, libelous, defamatory, obscene, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable; (b) User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law, statute or regulation, including, but not limited to, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ; (c) User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; (d) User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; (e) Unsolicited promotions, political campaigning, advertising or solicitations; (f) Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; (g) Viruses, corrupted data or other harmful, disruptive or destructive files; and (h) User Content that, in the sole judgment of CALVIN’S, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or our website, or which may expose CALVIN’S or its users to any harm or liability of any type.
If you post User Content to our website, email User Content to CALVIN’S, and/or provide us permission to use, repost, or otherwise share User Content you have created or shared on social media, you grant us a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You further grant CALVIN’S and sublicensees the right to use the name that you submit in connection with such content, if they choose to do so. You represent and warrant that (a) you own and control all of the rights to the User Content or you otherwise have the right to such User Content; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms and Conditions and will not violate any rights of or cause injury to any person or entity.
CALVIN’S assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor shall we be liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity or profanity you may encounter as a result of said User Content posted. Your use of Interactive Areas is at your own risk. We are not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. Additionally, CALVIN’S reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on our website at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on our website at your sole cost and expense.
Any use of the Interactive Areas or other portions of the Site in violation of the foregoing paragraph violates these Terms and Conditions and may result in termination or suspension of your rights to use the Interactive Areas and/or our website.
Verification
CALVIN’S evaluates the business operations and sourcing practices of Suppliers prior to engaging with them in an effort to better understand the risks of modern slavery in that Supplier’s operations. This evaluation includes an assessment of Supplier-provided data of their sourcing practices and business operations, as well as a review of other information available to and requested by CALVIN’S. We do our utmost to ensure quality in our materials, workmanship &, above all else, adherence to ethical practices & standards within our industry.
Suppliers are expected to provide written acknowledgement of compliance with our Supplier Code of Conduct, which includes our expectations regarding human rights issues including the prohibition of modern slavery in our supply chain. The Code includes expectations regarding Suppliers’ policies and practices to safeguard against modern slavery in their operations.
If a Supplier is unable to meet our requirements as specified in the Code or in any case where we have reason to believe that a Supplier does not meet stated requirements, we would implement corrective action and/or terminate the Supplier.
Disclaimer of Warranties
This Site, the content contained therein and the products provided in connection therewith (the "products") are provided on an 'as is' and 'as available' basis. CALVIN’S makes no representations or warranties of any kind, expressly or implied, as to the operation of this Site or the information, content, materials or products included. You agree that your use of this Site is at your own risk, by your own free will, and that you are solely responsible for any consequences arising from use of this Site. We disclaim all warranties including, but not limited to, implied warranties of merchantability and/or fitness for a particular purpose, title, and non-infringement as to the information, content, and materials on the site not expressly stated. We do not and cannot warrant that this Site, its servers, or its electronic communications are accurate, complete, current, free of viruses and/or other harmful components.
This Site, the content contained therein and the products provided in connection therewith (the "products") are provided on an 'as is' and 'as available' basis. CALVIN’S makes no representations or warranties of any kind, expressly or implied, as to the operation of this Site or the information, content, materials or products included. You agree that your use of this Site is at your own risk, by your own free will, and that you are solely responsible for any consequences arising from use of this Site. We disclaim all warranties including, but not limited to, implied warranties of merchantability and/or fitness for a particular purpose, title, and non-infringement as to the information, content, and materials on the site not expressly stated. We do not and cannot warrant that this Site, its servers, or its electronic communications are accurate, complete, current, free of viruses and/or other harmful components.
Limitation of Liability
In no event shall CALVIN’S, its owners, employees (CALVIN’S Family), affiliates, or agents or any other party involved in creating, producing, or delivering our products be liable to you or any third party for damages of any kind arising from the use of this Site including, but not limited to any error or omission regarding listed diamond origin, any mistakes, omissions, interruptions, deletion, transmission or any failure of performance of the Site. CALVIN’S is not responsible for Acts of God, damage, destruction or loss as a result of communication failures, theft and/or unauthorized access to our programs or services. In no event shall our liability be greater than the purchase price for the product or service that is the basis for a claim.
In no event shall CALVIN’S, its owners, employees (CALVIN’S Family), affiliates, or agents or any other party involved in creating, producing, or delivering our products be liable to you or any third party for damages of any kind arising from the use of this Site including, but not limited to any error or omission regarding listed diamond origin, any mistakes, omissions, interruptions, deletion, transmission or any failure of performance of the Site. CALVIN’S is not responsible for Acts of God, damage, destruction or loss as a result of communication failures, theft and/or unauthorized access to our programs or services. In no event shall our liability be greater than the purchase price for the product or service that is the basis for a claim.
Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. It is your responsibility to check local laws for any restrictions or limitations regarding the exclusions of implied warranties.
Indemnification
You agree to defend, indemnify, and hold harmless CALVIN’S Fine Jewelry, its independent contractors, service providers and consultants, and its parents, affiliates, and related entities and their respective personnel against all claims, losses, damages, liabilities, expenses and costs (including without limitation reasonable attorneys' fees and court costs), arising out of or relating to your breach of these Conditions or your access to or use of the Site or inability to use the Site.
You agree to defend, indemnify, and hold harmless CALVIN’S Fine Jewelry, its independent contractors, service providers and consultants, and its parents, affiliates, and related entities and their respective personnel against all claims, losses, damages, liabilities, expenses and costs (including without limitation reasonable attorneys' fees and court costs), arising out of or relating to your breach of these Conditions or your access to or use of the Site or inability to use the Site.
Termination
Notwithstanding any of these Conditions, CALVIN’S reserves the right, without notice and in its sole discretion, to terminate your license to use this site, and to block or prevent your future access to + use of the Site.
Notwithstanding any of these Conditions, CALVIN’S reserves the right, without notice and in its sole discretion, to terminate your license to use this site, and to block or prevent your future access to + use of the Site.
Additional Terms & Conditions
These Conditions contain the entire understanding of you and CALVIN’S with respect to the subject matter hereof and supersedes all prior agreements and understandings between you and CALVIN’S with respect to the subject matter hereof. Our failure at any time to enforce any of the provisions of these Conditions will not be deemed or construed to be a waiver of any such provisions, or in any way to affect our right to thereafter enforce each and every provision of these Conditions. If any provision of these Conditions is declared invalid or otherwise determined to be unenforceable for any reason, such provision will be deemed to be sever-able from the remaining provisions of these Conditions, which will otherwise remain in full force and effect. Provisions concerning your rights and obligations which by the content of the provision operate after termination or which are necessary to enforce any right will survive any termination or expiration of these Conditions.
These Conditions contain the entire understanding of you and CALVIN’S with respect to the subject matter hereof and supersedes all prior agreements and understandings between you and CALVIN’S with respect to the subject matter hereof. Our failure at any time to enforce any of the provisions of these Conditions will not be deemed or construed to be a waiver of any such provisions, or in any way to affect our right to thereafter enforce each and every provision of these Conditions. If any provision of these Conditions is declared invalid or otherwise determined to be unenforceable for any reason, such provision will be deemed to be sever-able from the remaining provisions of these Conditions, which will otherwise remain in full force and effect. Provisions concerning your rights and obligations which by the content of the provision operate after termination or which are necessary to enforce any right will survive any termination or expiration of these Conditions.
Modification And Notice
You agree that CALVIN’S may modify these Terms and Conditions and any other policies on our Site at any time and that posting the modified Terms and Conditions or policies on our Site will constitute sufficient notice of activation.
You agree that CALVIN’S may modify these Terms and Conditions and any other policies on our Site at any time and that posting the modified Terms and Conditions or policies on our Site will constitute sufficient notice of activation.
Arbitration
These Conditions and your use of this Site shall be governed by and construed in accordance with the laws of the State of Texas, without resort to its conflict of law provisions. You agree that any action at law or in equity or any dispute, claim or controversy arising out of or relating to these Conditions or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site or purchases from the Site thereof, (collectively, “Claims”) shall be resolved by binding arbitration, as described below, instead of in court, except that each party retains the right to bring an individual action in small claims court. You further agree that arbitration must be on an individual basis and that you are hereby waiving your right to join or consolidate Claims in arbitration or arbitrate any claims as a representative or member of a purported class. You acknowledge and agree that you are waiving the right to a trial by jury. This arbitration provision shall survive the termination of these Conditions, as well as any other contractual agreement that you have with the Company.
These Conditions and your use of this Site shall be governed by and construed in accordance with the laws of the State of Texas, without resort to its conflict of law provisions. You agree that any action at law or in equity or any dispute, claim or controversy arising out of or relating to these Conditions or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site or purchases from the Site thereof, (collectively, “Claims”) shall be resolved by binding arbitration, as described below, instead of in court, except that each party retains the right to bring an individual action in small claims court. You further agree that arbitration must be on an individual basis and that you are hereby waiving your right to join or consolidate Claims in arbitration or arbitrate any claims as a representative or member of a purported class. You acknowledge and agree that you are waiving the right to a trial by jury. This arbitration provision shall survive the termination of these Conditions, as well as any other contractual agreement that you have with the Company.
You acknowledge and agree that, by agreeing to these Conditions, the Federal Arbitration Act (“FAA”) shall govern the interpretation and enforcement of this provision and that any such arbitration must proceed with the American Arbitration Association (“AAA”) before a mutually agreed upon single arbitrator licensed to practice law. It will be conducted in accordance with the then-prevailing Arbitration Rules of the AAA and the arbitrator shall be bound by these Conditions. The arbitrator shall have authority to award or grant legal, equitable, and declaratory relief. Such arbitration shall be final and binding on the parties.
Severability
If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed sever-able from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed sever-able from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
Questions & Contact Information
If you have any questions, please do not hesitate to reach out to us at hello@calvinsjewelry.com
If you have any questions, please do not hesitate to reach out to us at hello@calvinsjewelry.com
Terms and Conditions updated on October 11, 2022.
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