Terms and Conditions

TERMS AND CONDITIONS


LAST UPDATED: MAY 9, 2016


Welcome to www.valenciajewelersonline.com (the “Site”). Thank you for your visit. Valencia Jewelers. (“Valencia Jewelers”, “we”, “us” or “our”) provide services to you subject to the terms and conditions included in this Terms of Use and other customer service pages which we have prepared to help make your shopping experience with Valencia Jewelers as enjoyable and problem-free as possible. Please read them carefully. BY USING THE SITE AND ITS SERVICES, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.


We reserve the right, at our sole discretion, to change, modify, add or delete portions of these Terms of Use at any time without further notice. You should periodically visit this page to review the current Terms of Use so you are aware of any revision to which you are bound. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.


PRODUCT AVAILABILITY AND PRICING
If the piece of jewelry or diamond you were interested in is no longer available, call us and we can tell you when the jewelry item will be back in stock, or we can help you find a similar diamond. There are times when a diamond or jewelry item may be sold before we are able to remove it from the site. If this happens and you order an item that is no longer available, you will be contacted so that we can help you find something similar.


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. If you have any questions, please do not hesitate to contact one of our customer service representatives at contact@valenciajewelersonline.com or +1(760)357-3200.


PRIVACY
Please review Valencia Jewelers's Privacy Policy, which also applies to your visit to and use of any Valencia Jewelers web site.


TRADEMARKS
Valencia Jewelers and other marks indicated on Valencia Jeweler' web site(s) are trademarks and/or service marks of Valencia Jewelers or its affiliates. Other graphics, logos, headers, icons, scripts and service names are also trademarks or trade dress of Valencia Jewelers. Valencia Jewelers' trademarks, service marks and trade dress may not be used in connection with any product or service that is not Valencia Jewelers, in any manner that is likely to cause confusion of customers or potential customers, or in any manner that harms or discredits Valencia Jewelers. All other trademarks related to the products sold on this web site are the sole property of their respective owners.


Nothing on this web site or in these Terms of Use should be construed as any license or right to use any trademarks or service marks displayed on the web site without the express written permission of Valencia Jewelers or the trademark or service mark owner. Neither the names "Valencia Jewelers" nor Valencia Jewelers' logos may be used for any purpose without Valencia Jewelers' prior written consent. Valencia Jewelers' logos may not be used as a link to any other web site without Valencia Jewelers 'prior written consent.


USE OF WEB SITE
Valencia Jewelers' web site(s) and content are intended solely for personal and non-commercial use by visitors and online shoppers. Any use of any Valecia Jewelers web site or its content other than for personal and non-commercial purposes is prohibited. You agree not to reproduce, publish, transmit, distribute, modify, create derivative works from, or commercially exploit in any way any of the content of any Valencia Jewelers web site. However, you may download, electronically copy and print any of the content of a Valencia Jewelers web site for your personal, non-commercial use only. This is a revocable license, not a transfer of title, and is subject to the restrictions that you may not (a) modify the content or use it for any commercial purpose, or any public display, performance, sale or rental, (b) decompile, reverse engineer, or disassemble the content, or (c) remove any copyright, trademark registration, or other proprietary notices from the content. You further agree not to access or use any Valencia Jewelers web site in any manner that may be harmful to the operation of the web site or its content.


MODIFICATIONS TO SITE
Valencia Jewelers reserves the right to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that Valencia Jewelers  shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.


YOUR INFORMATION
By submitting your information to Valencia Jewelers, you are defaulted to an opt-in status which will apply for all email communications with Valencia Jewelers, including administration, marketing, event planning, email discussion lists, and other uses.


You can change your opt-in status via a link in the footer of all non-transactional email messages sent by Valencia Jewelers. Alternatively, you can email us at contacto@valenciajewelersonline.com. Some communications (e.g., important account notifications and billing information) are considered transactional and are necessary for all Valencia Jewelers customers.


COMMENTS AND SUGGESTIONS
We appreciate hearing from our customers and welcome your comments and suggestions regarding Valencia Jewelers' web site(s) and the products offered for sale, provided that such comments and suggestions are not illegal, obscene, threatening, defamatory, invasive of privacy, infringements of intellectual property rights or otherwise objectionable or injurious to third parties and do not contain or consist of viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam." You may not use a false email address, impersonate any person, or otherwise mislead us as to the origin of any comment or suggestion.


Valencia Jewelers values your feedback on our products and our service but requests that you be specific in your comments and not submit creative ideas, inventions, suggestions or materials. Any feedback, comments or suggestions that you do send to Valencia Jewelers will become the property of Valencia Jewelers and shall not be subject to any obligation of confidentiality on the part of Valencia Jewelers. Valencia Jewelers shall not be liable for any use or disclosure of any such feedback, comments or suggestions. Valencia Jewelers shall be entitled to unrestricted use of any such feedback, comments or suggestions for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person who submitted the information.


PRODUCT DESCRIPTIONS
Valencia Jewelers makes all reasonable efforts to display the products listed for sale on its web site(s) as accurately as possible. However, the colors we use, as well as the display and color capabilities of your computer monitor, will affect the colors that you actually see on your screen. Valencia Jewelers cannot guarantee that your monitor's display of any product color, texture or detail will be accurate. In addition, Valencia Jewelers does not warrant that product descriptions or other content are accurate, complete, reliable current or error free. While Valencia Jewelers makes every effort to ensure that our products are described and priced accurately, in the event that an item is deemed to be priced incorrectly, Valencia Jewelers reserves the right to refuse sale that item. If the pricing error is discovered after payment has been finalized, Valencia Jewelers reserves the right to cancel the sale and refund the transaction in full. If a product offered by Valencia Jewelers is not as described, your sole remedy is to return it in unused condition.


OTHER SITES
Valencia Jewelers' web site(s) contain links to web sites that are not maintained by Valencia Jewelers. We try to include links to only those web sites that are in good taste and safe for our visitors, but we are not responsible for the content or accuracy of any web sites other than our own and cannot guarantee that such web sites will not change without our knowledge. The inclusion of a link in this web site does not imply Valencia Jewelers' endorsement of the web site. If you decide to use any links to access other web sites, you do so at your own risk.


DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE MATERIALS AND INFORMATION PROVIDED BY Valencia Jewelers ON ANY OF ITS WEB SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Valencia Jewelers MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF ITS WEB SITE(S) OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON ITS WEB SITE(S). YOU AGREE THAT YOUR ACCESS TO, AND USE OF ALL Valencia Jewelers WEB SITES(S) IS AT YOUR OWN RISK.


TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, Valencia Jewelers DISLCAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Valencia Jewelers DOES NOT WARRANT THAT ITS WEBSITE(S), ITS SERVERS, OR EMAIL SENT FROM Valencia Jewelers ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Valencia Jewelers WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OF THIS SITE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.


This disclaimer of liability applies to any damages or injury caused by any failure or performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, act of God, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. You also specifically acknowledge that Valencia Jewelers is not liable for your defamatory, offensive, infringing or illegal materials or conduct or that of third parties.


The law of certain states may not allow limitations on warranties or damages as described above. If such law applies to you, some or all of the above disclaimers, exclusions or warranties may not apply to you and you nay have additional rights. However, in no event shall Valencia Jewelers’ aggregate liability to you for all claims, damages, losses, and causes of action exceed the amount paid to Valencia Jewelers by you for accessing Valencia Jewelers’ web site(s).


INDEMNITY
You agree to defend, indemnify, and hold harmless Valencia Jewelers and its officers, directors, stockholders, affiliates, employees and agents from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, arising from your use of any Valencia Jewelers web site or your breach of these Terms of Use. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”


TERMINATION
You agree that Valencia Jewelers, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Site and remove and discard any content within the Site, for any reason, including, without limitation, for lack of use or if Valencia Jewelers believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Use. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of service, may be referred to appropriate law enforcement authorities. Valencia Jewelers may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of this Terms of Use may be effected without prior notice, and acknowledge and agree that Valencia Jewelers may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site. Further, you agree that Valencia Jewelers shall not be liable to you or any third-party for any termination of your access to the Site.


APPLICABLE LAW
By visiting Valencia Jewelers’ web site(s), you agree that the law of The State of New York, without regard to principles of conflict of laws, shall govern these Terms of Use and any dispute that may arise between you and Valencia Jewelers. These Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and Valencia Jewelers relating to your access to and use of Valencia Jewelers’ web site(s).


DISPUTE RESOLUTION
Any controversy or claim arising out of or relating to these Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rues (including the Optional Rules for Emergency Measures of Protection), and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration proceedings shall be conducted before one (1) neutral arbitrator selected by the American Arbitration Association. The place of arbitration shall be New York, New York. Either party may apply to the arbitrator seeking injunctive relief until the arbitration award is rendered or the controversy is otherwise resolved. Either party also may, without waiving any remedy under these Terms of Use, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal’s determination of the merits of the controversy).


GENERAL
These Terms of Use constitute the entire agreement between you and Valencia Jewelers and govern your use of the Site, superseding any prior agreements between you and Valencia Jewelers with respect to the Site. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The failure of Valencia Jewelers to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to the Terms of Use or other matters by displaying notices or links to notices generally on the Site. Valencia Jewelers' web site(s) are operated by Valencia Jewelers, LLC from its offices in White Plains, New York. Valencia Jewelers makes no representations that the contents of any of its web site(s) are appropriate or available for use in other locations. Visitors who choose to access any Valencia Jewelers web site from other locations do so on their own initiative and are responsible for compliance with applicable local law.


Once again, we thank you for your interest in Valencia Jewelers. We hope that your experience at any Valencia Jewelers web site is enjoyable. Please contact us at credit@valenciajewelersinc.com to report any violations of the Terms of Use or to pose any questions regarding these Terms of Use or the Site.