Terms and Conditions

Todd Jewelry Inc. website (and any and all sub-domains) located at http://www.toddjewelry.com and any and all services and software provided through or by such websites or otherwise in connection with the Todd Jewelry Inc. (collectively, including such websites and all such services, the “Site”) is owned and operated by Todd Jewelry, Inc. (“Todd Jewelry Inc.”). For the purposes hereof, the users of the Site are referred to as “you”, “your” or “User” and Todd Jewelry Inc. is referred to as the “Company”, “we”, “us” or “our”.

The following is a legally binding agreement (the “Agreement”) between you and the Company with respect your access and use of the Site and any services provided through or in connection with the Site.

For good and valuable consideration (the adequacy and sufficiency of which is acknowledged by each of the parties) of the mutual promises of the parties contained herein, the parties hereby agree as set forth below. All Users will be subject to and bound by this Agreement.

Acceptance of Terms

By accessing, browsing and/or using this Site and any software or any other services offered on the Site, you acknowledge that you have read, understood, and agree to be bound by the following terms and conditions and to comply with all applicable laws and regulations. If you do not agree to the Terms, do not use the Site or any of it’s software, services, information, materials or otherwise.

These terms and conditions are subject to change from time to time.

Eligibility

You must be at least 18 years old to use the Site. By using or attempting to use this Site, you are expressly certifying that you are at least 18 years of age and you possess the legal right and ability to agree to these Terms of Use. If you are not 18 years of age or older, as a minor, your use of this Site is prohibited.

Privacy

You agree and warrant that any and all of your personal information provided to us is true and correct, including, but not limited to, your name, physical or electronic mailing address, phone number, fax number and other information requested (and you agree to update the same for the duration of this Agreement). You understand that all personal information provided by you to us will be subject to the terms and conditions.

You acknowledge and agree that we may disclose information you provide if required to do so by any applicable law, or if we, in our sole and absolute discretion, believe that disclosure is reasonable or necessary:

1. To comply with any applicable law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is affirmatively required by applicable law).

2. To protect or defend the rights or property of the Company or any third party.

Billing, Pricing, and Cancelations

Todd Jewelry Inc. reserves the right to cancel an order if it is determined that the stated billing/shipping address is undeliverable. Todd Jewelry Inc. uses the latest fraud detection software when processing credit card payments, however, there is a possibility some transactions may be approved on a temporary basis until a complete review of the transaction can be made. If it is determined that an approved transaction presents a fraud risk that transaction will be voided.

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 call us at 212.776.4291

You are responsible for paying any and all applicable taxes (including, without limitation, sales tax, services tax, use tax and value-added tax), duties, levies, charges and excises imposed by any government agency or entity, except for those taxes that may be based on the income of Company. The Company shall have no obligation, responsibility or liability with respect to your aforementioned responsibilities or liabilities to any government agencies or entities.

All stated product prices are final.

Trials and Promotions

From time to time, the Company may offer certain trials or promotions to Users or new users. We reserve the right to, in our sole and absolute discretion, to at any time (without any liability thereof) discontinue, modify, suspend, reorganize or terminate any such trials and promotions. Any trial or promotion will be subject to the terms and conditions of such trial or promotion, but in no event whatsoever shall any trial or promotion modify or change any of the terms and conditions of this Agreement (except as is expressly set forth by us in the trial or promotion).

Information on Our Site

Todd Jewelry Inc. makes every attempt to ensure 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. In compliance with industry standards and FTC regulations Todd Jewelry Inc. states that carat total weight in all purchases may vary 0.05 carats from stated weight.

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. Width tolerance on machine made wedding bands of 0.20mm is allowed. Cast manufactured rings can vary slightly more. For gemstone and pearl measurements, a tolerance of 0.25mm is allowed.

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.

Product Reviews and User Content

Todd Jewelry Inc. website includes a product review section in which you or third parties create, post, or store any content, messages, materials or other items on our website. You are solely responsible for your use of such content and use them at your own risk. By using any product review features you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through our website any of the following:

Any message, data, information, text, music, sound, photos, video, graphics, code or other material (‘User Content’) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;

* 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;

* User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;

* User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;

* Unsolicited promotions, political campaigning, advertising or solicitations;

* Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;

* Viruses, corrupted data or other harmful, disruptive or destructive files; and

* User Content that, in the sole judgment of Todd Jewelry Inc., is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or our website, or which may expose Todd Jewelry Inc. or its users to any harm or liability of any type.

Todd Jewelry Inc. takes no responsibility and 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 is Todd Jewelry Inc. liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of User Content areas is at your own risk. As a provider of interactive services, Todd Jewelry Inc. is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other areas of our website. Although Todd Jewelry Inc. has no obligation to screen, edit or monitor any of the Content posted in any Interactive Area, Todd Jewelry Inc. 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 User Content areas or other portions of our website in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the User Content feature and/or our website. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect Todd Jewelry Inc.’s systems and customers, or to ensure the integrity and operation of Todd Jewelry Inc.’s business and systems, Todd Jewelry Inc. may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e.. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted User Content. Todd Jewelry Inc.’s right to disclose any such information shall govern over any terms of Todd Jewelry Inc.’s Privacy Policy.

If you post User Content to our website, unless we indicate otherwise, you grant Todd Jewelry Inc. and its affiliates 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 grant Todd Jewelry Inc. and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to our website; (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.

Disclaimer of Warranty

Except as expressly provided to the contrary in writing by an authorized Todd Jewelry Inc. representative, this website, the content contained herein and the products and services provided on or in connection therewith (“Products and Services”) are provided on an “as is” basis without warranties of any kind, either expressed or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement as to the information, content or materials in our website. Todd Jewelry Inc. does not represent or warrant that the materials in our website or the services are accurate, complete, reliable, current or error free. Todd Jewelry Inc. does not represent or warrant that our website or its servers are free of malicious software or other harmful components.

Todd Jewelry Inc. is NOT an authorized dealer of any of the watch brands we sell. We obtain our watches from reputable sources dealing directly with authorized dealers and distributors. The watches may come in either “unworn” or “unused” condition or they may come “previously owned”, Todd Jewelry Inc. will indicate this condition on the product listing, in the absence of any condition notes the customer will assume the watch to be “previously owned”. Todd Jewelry Inc. makes no representations as to the validity of any manufacturer’s warranties nor acts as representative for the customer to any watch manufacturers. Any warranties offered by Todd Jewelry Inc. are done so strictly through the website using our own authorized watchmakers.

Policy on Conflict Free Diamonds

Todd Jewelry Inc. only purchases diamonds through reputable suppliers who adhere to and enforce the standards established by the Kimberley Process to ensure they are from conflict free sources.

Limitation of Liability

IN NO EVENT SHALL TODD JEWELRY INC., ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING IN ANY WAY FROM THE USE OR MISUSE OF OUR WEBSITE, THE PRODUCTS AND SERVICES CONTAINED HEREIN OR ACCESSED THROUGH OUR WEBSITE. THESE TERMS AND CONDITIONS FOR USE OF THIS WEBSITE SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK, APPLICABLE TO AGREEMENTS AND TO BE ENTIRELY PERFORMED WITHIN THE STATE OF NEW YORK WITHOUT RESORT TO ITS CONFLICT OF LAW PROVISIONS. BY USING THIS SITE YOU AGREE THAT ANY LAW OR EQUITY ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS SHALL BE FILED ONLY IN THE STATE AND CITY OF NEW YORK, NEW YORK COUNTY, 111 CENTRE ST. NEW YORK, N.Y. YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS OVER ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF YOUR USE OF THIS SITE, ANY PURCHASE FROM THIS SITE, OR THESE TERMS AND CONDITIONS.

Termination of Use

Notwithstanding any of these terms and conditions, we reserve the right, without notice and in our sole discretion, to terminate your access to the Site, and to block or prevent future access to and use of the Site.

USE BY INDIVIDUALS UNDER 18 PROHIBITED.


Last updated: May 31, 2017