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/ TERMS & CONDITIONS
These terms and conditions apply to the Lavin NY’s website located at www.lavinnewyork.com, and all associated Websites linked to www.lavinnewyork.com by Lavin NY, its subsidiaries and affiliates, including Lavin NY’s sites around the world (collectively the ‘Site’). Please read these terms and conditions (‘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 Lavin NY, and constitute an agreement between you and Lavin NY. Lavin NY 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.
(A) Product Availability and Pricing
If you’re interested in a piece of jewellery that is currently on back order, call us and we can tell you when the item will be back in stock. Sometimes with the volume of orders we receive, 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.
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 honour 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 consultants at service@lavinnewyork.com. We do not negotiate prices on our products and all our prices are final.
(B) Refund
Please take note that refund from Lavin NY based on the 14-day return policy is either in credit or cash form; with 5% and 10% restocking fees applied respectively.
(C) Diamond Certificates
When you order a loose diamond, we ship it to you with the accompanying diamond grading report (also called a GIA report/ dossier). These grading reports are detailed documents created by diamond grading experts at one of two highly respected diamond laboratories – making it very expensive to replace a diamond grading report. Because of this, we require each diamond grading report to be included with each returned diamond. We will reject the refund request if you do not include the diamond grading report with your return.
(D) Comparison Purchasing
To keep our prices low, we do not allow comparison purchasing. Comparison purchasing is the act of buying several items with the intent of keeping the one you like best and returning the remainder. To confirm the quality of a jewellery item, please contact us at service@lavinnewyork.com and we would be happy to help you make your choice.
(E) Information on our Site
At Lavin NY, we make every attempt to ensure that our online catalogue 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, colour and size may vary slightly.
In compliance with industry standards and FTC regulations, Lavin NY 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.
For diamond jewellery set with multiple diamonds, we provide the minimum total carat weight for the piece. Colour 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.
(F) Policy on Ethical Sourcing
At Lavin NY, 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 policies the trade of diamonds to ensure they are from sources free of conflict.
(G) Privacy Policy
Please refer to our Privacy Policy for information on how Lavin NY collects, uses, and discloses personally identifiable information from its customers.
(H) Site Content
The Site and all content and other materials, including, without limitation, the Lavin NY 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 Lavin NY 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.
(I) Trademarks
Lavin NY, the Lavin NY’s logos, and any other product or service name or slogan contained in our Site are trademarks of Lavin NY and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Lavin NY or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Lavin NY” or any other name, trademark or product or service name of Lavin NY without our prior written permission. All other trademarks, registered trademarks, product names and Lavin NY names or logos mentioned in our Site are the property of their respective owners.
(J) 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 Lavin NY, 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.
(K) Wallet
Lavin NY offers wallet for users intending to use the wallet to receive refund from us, in Malaysian Ringgit currency. The wallet can be used for purchase of goods on Lavin NY website only. Please note that the fund is non-transferrable and reload is not allowed. There shall be no charges levied by Lavin NY on usage of the wallet. The wallet will be valid for a lifetime, there is no set expiry date for it. Please note that all your wallet credits will be auto-debited on your next purchase by default, and you may choose to pay the amount balance with other payment methods of your choice, which is provided in the website.
(L) Third Party Content
Lavin NY may provide links to web pages and content of third parties (‘Third Party Content’) as a service to those inerested in this information. Lavin NY does not monitor or have any control over any Third Party Content or third party Sites. Lavin NY does not endorse any Third Party Content and can make no guarantee as to its accuracy or completeness. Lavin NY 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.
(M) Submissions
You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding this site, Lavin NY, or our products or services that are provided by you to Lavin NY are non-confidential and shall become the sole property of Lavin NY. Lavin NY will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You grant Lavin NY 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 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 violate any rights of or cause injury to any person or entity.
(N) Indemnification
You agree to defend, indemnify and hold harmless Lavin NY, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any content you post, store or otherwise transmit on or through our Site or your use of or inability to use our Site, including without limitation any actual or threatened suit, demand or claim made against Lavin NY and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to such content, your conduct, your violation of these Terms and Conditions or your violation of the rights of any third party.
(O) Disclaimer of Warranty
Except as expressly provided to the contrary in a writing by Lavin NY, this site, the content contained therein 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 express or implied. Lavin NY disclaims all other warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement as to the information, content, and materials in our Site. Lavin NY does not represent or warrant that materials in our Site or the services are accurate, complete, reliable, current or error-free. Lavin NY does not represent or warrant that our site or its servers are free of viruses or other harmful components.
(P) Limitation of Liability
In no event shall Lavin NY, its directors, members, employees or agents be liable for any direct, special, indirect, or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits, or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of our Site, the Products and Services, or the content contained in or accessed through our Site, including without limitation any damages caused by or resulting from reliance by user on any information obtained from or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to our records, programs or services.
(Q) Modification and Notice
You agree that Lavin NY 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.
(R) Termination
Notwithstanding any of these Terms and Conditions, Lavin 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.
(S) 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.
(T) Governing Law and Dispute Resolution
These Terms and Conditions are governed by the laws of Malaysia, and you and Lavin NY agree that submit exclusive to the jurisdiction of the courts of Malaysia.
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