TERMS AND CONDITIONS:
These Terms and Conditions (the “Terms and Conditions”) govern the use of nina11jewelry.com and the sale of merchandise by YASSIN STUDIO LLC (dba Nina11 Jewelry) and become a Contract between the parties.
Your use of the Website nina11jewelry.com and your purchase of merchandise from NINA11 JEWELRY indicates your agreement to follow and to be bound by these Terms and Conditions and our Privacy Policy, both of which are hereby incorporated by reference, other notices which may be posted on the Website, and all applicable laws and regulations. These are the terms and conditions on which we will supply goods to you. Please read these terms carefully before placing an order with Nina11 Jewelry. If you do not agree with any term in these Terms and Conditions or Privacy-Policy do not place any orders with Nina11 Jewelry.
1. PRICES AND PAYMENTS
All prices quoted are in US Dollars. Three payments are required for custom merchandise, one prior to each of the three phases of your project: (1) a deposit payment prior to commencing work; (2) a payment prior to fabrication commencement; (3) final payment upon completion of your merchandise prior to shipping. The final cost for your custom merchandise will be quoted prior to fabrication commencement. Costs vary based on the size, complexity, and size and number of gemstones in your merchandise.
2. RING SIZING
NINA11 JEWELRY will send you a ring sizer and instructions for use. Using this sizer you will determine your ring size and provide it in writing to NINA11 JEWELRY. Your custom ring will be made to this size.
3. SHIPPING
Our common lead-time for shipping of custom merchandise is 4-8 weeks after fabrication commencement. More complex designs with unique stones may take longer. You will be notified if a longer lead-time is required. Upon completion of your merchandise NINA11 JEWELRY will present shipping options with pricing and will ship your merchandise upon receipt of final payment. NINA11 JEWELRY will ship to the address you specify and will provide tracking information.
4. RISK OF LOSS
All merchandise purchased from NINA11 JEWELRY are transported and delivered to you by an independent carrier not affiliated with, or controlled by, NINA11 JEWELRY. Title to merchandise purchased as well as the risk of loss for such merchandise passes to you when NINA11 JEWELRY delivers these items to the carrier.
5. RETURNS
No refund, exchange, or credit is possible on either custom-design services or custom-designed and fabricated jewelry as these items are uniquely created to meet your specifications.
6. REPAIRS
For repair inquiries and assistance, please contact us at 201-344-2627 or by email at n11@nina11jewelry.com
7. LIMITED WARRANTY
All products made by NINA11 JEWELRY have a one year warranty against manufacturer’s defects from the date of purchase. This warranty only covers defects in materials and workmanship. The warranty does not cover normal wear and tear, excessive abuse or misuse.
8. DISPUTE RESOLUTION
Mindful of the high cost of litigation, not only in dollars, but also in time and energy in the event of a dispute, claim or controversy arising out of or relating to these Terms and Conditions or the breach, termination, enforcement, interpretation or validity thereof, or the purchase and use of any merchandise (collectively, a “Dispute”), you and NINA11 JEWELRY do hereby establish the following out-of-court alternate dispute resolution procedure to be followed in the event any controversy or dispute should arise.
First, informally by sending a notice to the other clearly marked “Notice of Dispute” and containing a brief written statement setting forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute and the relief requested. You must send any such notice to NINA11 JEWELRY at n11@nina11jewelry.com. We will contact you via email at the address specified in any such notice. You and NINA11 JEWELRY agree to use reasonable, good faith efforts to settle any Dispute through consultation and good faith negotiations within thirty (30) days of submission of such notice.
Agreement to Mediation/Arbitration:
If a Dispute is not resolved within thirty (30) days of such submission, you and NINA11 JEWELRY agree to participate in at least four hours of mediation in accordance with the Mediation Rules and Procedures of the Agency for Dispute Resolution (ADR). The parties agree to share equally in the costs of the mediation and cooperate fully in the effort to schedule a mediation session within 30 days of a mediation request by either party to this contract.
In the event the dispute is not resolved through mediation, the parties agree to immediately proceed to arbitration administered by the Agency for Dispute Resolution (ADR) pursuant to its Arbitration Rules and Procedures, either on the same day or within [10] days of the mediation date, by agreement of the parties. The parties agree to share equally in the costs of the arbitration and cooperate fully in the effort to schedule the arbitration hearing. The arbitrator shall have the authority to award all mediation and arbitration costs to the prevailing party, at the discretion of the arbitrator. The award of the arbitrator shall be considered final and binding on the parties.
Exceptions to Agreement to Arbitrate:
Notwithstanding the foregoing, either party may bring a lawsuit solely for injunctive relief to stop actual or threatened intellectual property infringement (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute resolution process described above.
9. INDEMNIFICATION
You hereby agree to indemnify, defend, and hold NINA11 JEWELRY, its licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities’ respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all losses, damages, liabilities and costs (including, without limitation, settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement. You shall use your best efforts to cooperate with NINA11 JEWELRY in the defense of any claim. NINA11 JEWELRY reserves the right, at its own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
10. COPYRIGHT
NINA YASSIN & YASSIN STUDIO LLC retain all rights under the Copyright Act of 1976, 17 U.S.C. §101 et seq., as the sole author for the duration of the copyright in and to the Artwork, Designs, revised designs and renderings, and other incidental works made in the creation of the Designs. Designs can not be photographed, reproduced, or copied for any commercial purposes whatsoever without the express written permission of NINA YASSIN & YASSIN STUDIO LLC.
All materials contained on this website are protected by United States copyright law and may not be reproduced, transmitted, displayed, published or broadcast without the prior written permission of NINA YASSIN & YASSIN STUDIO LLC.
11. WAIVER
No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision.
12. SURVIVAL
Each provision of the terms and conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
13. ENTIRE AGREEMENT
These terms and conditions govern our relationship with you. You confirm that, in agreeing to accept the terms and conditions, you have not relied on any representation except where that representation has been made a term of these terms and conditions and you agree that you shall have no remedy in respect of any representation. Your statutory rights are not affected by these terms and conditions. Nothing in this clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a Term of the Conditions.
14. GOVERNING LAW
These Terms and Conditions shall be governed, construed, and enforced in accordance with the laws of the State of New York in the United States of America, without regard to its conflict of laws rules.
© Yassin Studio LLC (dba Nina11 Jewelry)