TERMS & CONDITIONS

These terms and conditions apply to the Mazzarese Jewelry Web site located at mazzaresejewelry.com https://mazzaresejewelry.com and all associated Web sites linked to https:// mazzaresejewelry.com by Mazzarese Jewelry (collectively ‘the Site’). Please read these terms and conditions (the ‘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 Mazzarese Jewelry Site, and constitute an agreement between you and by Mazzarese Jewelry. Mazzarese Jewelry 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 from time-to-time 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.

Conditions of Sale

When placing an order on our Site, you are effectively offering to purchase whatever products you select. We reserve the right to accept or reject any order in our own discretion and by placing your order you agree to purchase the products and have no right to return or cancel your order except as provided herein.

Returns. Company will only accept returns of unopened, undamaged products if (i) received by Company within ten (14) days of customer’s receipt of the product and (ii) the return is from the individual who purchased the products and proof of purchase is provided with the product. All shipping costs associated with any returns are the responsibility of the customer. Refer to our Shipping, Returns, and Exchanges policy for detailed information.

Delivery/Taxes/Other Charges. Customer shall pay all costs associated with delivery and shipping at the time of purchase, unless otherwise noted by Company at the time of sale. While we agree to use reasonable efforts to meet the shipping and delivery dates provided online, we shall not be responsible for any delays in shipments. Customer is responsible for payment of all sales, use, excise and related taxes. Payment may only be made with a valid credit, debit card or use of a bona-fide electronic payment provider (i.e. ShopPay) as accepted by Company from time to time. By using any such card or payment provider, you are hereby representing and warranting to Company your full right and authority to make such purchase in the manner elected without violating any applicable law, rule or regulation.

Item Pricing and Availability

Mazzarese Jewelry makes every effort to maintain updated quantities of our in-stock items, and up-to-date prices for all of our merchandise. However, in the instance that something is no longer in stock or the price has changed, we reserve the right to notify you of any changes.

Item Availability

Occasionally, a loose diamond or in-stock piece of jewelry will sell in our retail store at the same moment someone is trying to purchase it online. Should a web-purchased piece be unavailable when it says it was in stock, we will notify you immediately with suggestions of similar pieces and/or almost identical loose diamonds. It is up to you at this point if you would like to try one of the suggestions or void the sale completely – it is our goal to make sure you are pleased with your shopping experience at Mazzarese Jewelry.

Conversely, we may not have all items on our website in stock at all times. For these items that are not in stock, they will become special-ordered items, and may take anywhere between 1-12 weeks to receive. Please give us a call or send us an email if you have questions about a specific item’s availability: 913-491-4111 or sales@mazzaresejewelry com.

Item Pricing

The prices of our jewelry and diamonds change periodically to reflect the fluctuations in the metal and diamond market prices. We rigorously work to keep the prices on our website and in our store up-to-date, but we do reserve the right to update the price of a sale. Should this happen, we will notify you immediately and you can choose to move forward with the order at the new price or void it completely.

Comparison Purchasing

Comparison purchasing is the act of buying several items with the intent to keep only one. Mazzarese Jewelry does not allow comparison purchasing, so that we can keep our prices low, as such comparison shopping is very costly to our business. If you are unsure about an item or have any questions about how one item or diamond compares to the next, please do not hesitate to either give us a call or send us an email, and one of our diamond and jewelry experts will be more than happy to help you make your choice: 913-491-4111 or Mazzarese Jewelry sales@mazzaresejewelry.com.

Information on our Site

At Mazzarese Jewelry, we make every attempt to ensure that our online catalog is as accurate and complete as possible. In order to give you the opportunity to view our products in great detail, some products may appear larger or smaller than their actual size in our photographs; and since every computer monitor is set differently, color and size may vary slightly.

Our objective is to provide you with as much information and detail about your prospective purchase as possible so that you can see the beauty and shape of a particular item.

On the Site, we provide the measurement of our products based on our manufacturing specifications. Slight tolerances may be accounted for based on finishing during the manufacturing.

For diamond jewelry set with multiple diamonds, we provide the minimum 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.

Policy on Ethical Sourcing

At Mazzarese Jewelry, we only purchase diamonds through the largest and most respected suppliers who, like us, proudly adhere to and enforce the standards established by the Kimberley Process, an international system that polices the trade diamonds to ensure they are from sources free of conflict.

Privacy Policy

Please refer to our Privacy Policy for information on how Mazzarese Jewelry collects, uses, and discloses personally identifiable information from its customers.

Site Content

The Site and all content and other materials, including, without limitation, the Mazzarese Jewelry logo, and all designs, text, graphics, pictures, selection, coordination, ‘look and feel’, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of Mazzarese Jewelry or its licensors or users and are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Trademarks

Mazzarese Jewelry and the Mazzarese Jewelry logos, and any other product or service name or slogan contained in our Site are trademarks of Mazzarese Jewelry and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Mazzarese Jewelry or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Mazzarese Jewelry” or any other name, trademark or product or service name of Mazzarese Jewelry without our prior written permission. All other trademarks, registered trademarks, product names and Mazzarese Jewelry names or logos mentioned in our Site are the property of their respective owners.

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 and does not include: (a) any resale or commercial use of our Site or the Site Materials therein; (b) the collection and use of any product listings, pictures or descriptions for commercial purposes; (c) the distribution, public performance or public display of any Site Materials, (d) modifying or otherwise making any derivative uses of our Site and the Site Materials, or any portion thereof; (e) use of any automated means to access, monitor or interact with any portion of our Site, including through data mining, robots, spiders, scraping, or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of our Site, the Site Materials or any information contained therein, except as expressly permitted on our Site; (g) cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisement, or anything else which minimizes, covers, or frames or inhibits the full display of our Site; (h) use our web sites in any way which interferes with the normal operation of our sites; or (i) any use of our Site or the Site Materials other than for its intended purpose. Any use of our Site or the Site Materials other than as specifically authorized herein, without the prior written permission of Mazzarese 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, whether by estoppel, implication, or otherwise. This license is revocable at any time.

Infringer Policy

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Mazzarese Jewelry has adopted a policy of terminating and barring, in appropriate circumstances and at Mazzarese Jewelry’s sole discretion, site users or account holders who are deemed to be repeat infringers. Mazzarese Jewelry may also at its sole discretion limit access to this site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Third Party Content

Mazzarese Jewelry may provide links to Web pages and content of third parties (‘Third Party Content’) as a service to those interested in this information. Mazzarese Jewelry does not monitor or have any control over any Third Party Content or third party Sites. Mazzarese Jewelry does not endorse any Third Party Content and can make no guarantee as to its accuracy or completeness. Mazzarese Jewelry does not represent or warrant the accuracy of any information contained therein, and undertakes no responsibility to update or review any Third Party Content. Users use these links and Third Party Content contained therein at their own risk.

Advertisements and Promotions

Mazzarese Jewelry may run advertisements and promotions from third parties on our Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Mazzarese Jewelry, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. Mazzarese Jewelry is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Mazzarese Jewelry advertisers on our Site.

Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

Indemnification

You agree to indemnify, defend and hold harmless Mazzarese Jewelry and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Disclaimer of Warranty

The information, services, products offered for sale and materials contained in and/or advertised on the site, including, without limitation, text, graphics and links, are provided on an "as is" basis with no warranty. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MAZZARESE JEWELRY AND ITS SUPPLIERS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. In addition, Mazzarese Jewelry and its suppliers do not represent or warrant that the information accessible via the site is accurate, complete, or current. We are not responsible for typographical errors. Price and availability information is subject to change without notice.

Limitation of Liability

Mazzarese Jewelry shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Mazzarese Jewelry of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Applicable Law and Venue

The laws of the State of Kansas will govern these terms of use without giving effect to any principles of conflict of law. Any action brought with respect to the site or your use thereof shall be brought in the State of Kansas, Johnson County. By utilizing the site you consent to personal jurisdiction in Kansas and waive any objection to jurisdiction or venue.

Modification and Notice

You agree that Mazzarese Jewelry 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 such modification.

Termination

Notwithstanding any of these Terms and Conditions, Mazzarese Jewelry reserves the right, without notice and in its sole discretion, to terminate your license to use this site, and to block or prevent future your access to and use of the Site.

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 severable 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 contact one of our Consultants sales@mazzaresejewelry.com or 913-491-4111

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Carl F. Bucherer