TERMS AND CONDITIONS OF USE
The website located at www.giraux.com (the “Site”) is owned and operated by Giraux Fine Jewelry, a jewelry company in California. All users and visitors of this Site agree that their access to and use of the Site are subject to the terms and conditions in this legal notice, and that any such access or use is undertaken at the user's own risk. These terms and conditions are subject to change at any time without prior notice. All visitors shall be responsible for reviewing this page from time to time in order to review any updates or changes.
Giraux Fine Jewelry provides this Site as a service to its customers, allowing for on-line purchases. Please review the following basic rules that govern your use of our site. Please note that your use of the Site constitutes your agreement to follow and be bound by these terms. If you do not agree to these terms, please do not use the Site. Although you may "bookmark" a particular portion of the Site, and thus bypass this Legal Notice, your use of the Site still binds you to the terms hereof. Giraux Fine Jewelry may revise these terms and conditions at any time and you should visit this page periodically to review the terms.
The purpose of this Site is to provide our customers with an online resource to purchase jewelry from Giraux Fine Jewelry, and learn about diamonds and gemstones. In order to use the Site, you must be at least eighteen (18) years of age. By making a purchase from the Site, you understand and agree that Giraux Fine Jewelry may share information about you and your transaction with other companies for the purpose of processing your transaction, including fraud prevention, and credit card authorization.
Unless noted, the Site and all designs and content on the Site, including, navigation assets, images, artwork, graphics, photography, text, software, code, and other related items, are intellectual property owned, and/or licensed by Giraux Fine Jewelry and protected by intellectual property laws including state and Federal copyright and trademark laws.
The contents of the Site and the Site as a whole are intended solely for personal, noncommercial use. Any use of the Site and its content for other purposes is expressly prohibited without permission from Giraux Fine Jewelry. Your use of the Site does not provide any right or license to reproduce, publish, display, modify, sell, or distribute any of the materials owned by Giraux Fine Jewelry.
To use part of the Site you must register for an account with Giraux Fine Jewelry. Such users are referred to herein as an “Account Holder.” In order to be an Account Holder you must be 18 years of age or older and you agree that the information that you provide during registration and at all other times will be true, accurate, current and complete. You also agree that you will keep this information accurate and up to date at all times.
When you register for an account you will be asked to provide a password. You will be responsible for all activities that occur under your password, and you should keep that password confidential. You must notify Giraux Fine Jewelry immediately of any unauthorized use of your password.
Formation of a Binding Contract
No contract will exist between the customer and Giraux Fine Jewelry with respect to any purchase made through the Website unless and until Giraux Fine Jewelry accepts your registration and order by a confirmation e-mail, telephone conversation, and your payment information is verified.
Limitation of Liability
Due to the unpredictable nature of technology and the online environment, Giraux Fine Jewelry does not guarantee that the function or operation of the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site, or server that makes it available, will be free of viruses or other harmful elements. As a visitor to and user of the Site, you must assume full responsibility for any costs associated with any servicing of equipment used in connection with the use of the Site. As a visitor and user of the Site, you understand that all access is taken at your own risk. While Giraux Fine Jewelry tries to maintain a Site free of disruptions and/or errors, they shall not be responsible any damages related to your use or inability to access the Site.
Giraux Fine Jewelry strives to provide the most up to date, accurate, and reliable information on the Site, but there are occasions when some of the information featured on the Site may have incomplete data, typographical errors, or inaccuracies. Such errors are completely unintentional and Giraux Fine Jewelry reserves the right to correct or update such erroneous or inaccurate information or data or any omissions, including at such time as an order is or has been submitted, including any such errors, inaccuracies, or omissions which may relate to pricing or availability. We reserve the right to cancel or refuse to accept any order placed, whether or not your order has been confirmed and/or your credit card charged. In the event your credit card has been charged, and your order cancelled, Giraux Fine Jewelry shall issue a credit to your card in the amount of the incorrect price charged. We apologize for any inconvenience with respect to your order.
Products displayed on the Site may be available in the Giraux Fine Jewelry store in San Francisco, California; however this is not always the case and certain products may be available in store that are not online and vice versa.
Products may appear on the Giraux Fine Jewelry Site larger or smaller than their actual size. We have made every effort to display our products as accurately as possible, however, due to monitor discrepancies, we cannot guarantee that your display of color will be accurate when compared to the color of the actual product. Each computers settings are different, which can make a picture appear darker or lighter. Please refer to product titles and descriptions for clarification. Giraux Fine Jewelry retains the full rights to all jewelry designs, custom or standard, and may choose to sell any such designs. Giraux Fine Jewelry’s product details and prices are subject to change without any prior notice.
Some Giraux Fine Jewelry products displayed on the Website are available in the store and online while supplies last. In some cases, the merchandise on the Website may not be available in the store, may be listed at a different price, or listed at promotional events at different times. All of our prices are final and non-negotiable.
Cancelling of Products
Giraux Fine Jewelry reserves the right to cancel products or services to any customer for any reason at any time. In any such cases the customer receive a full refund of any funds that have been collected in reference to the canceled products and/or services.
Although we will make every effort to respond quickly to applicable email messages, Giraux Fine Jewelry is not under any obligation to respond to all pieces of correspondence received through the Site.
Termination of Access to Website
Giraux Fine Jewelry may terminate access to the Site at any time in the event that you fail to comply with the terms of this user agreement or act in some manner that is harmful to the Site, Employees or Giraux Fine Jewelry.
Limited Warranty and Limitation of Liability
Giraux Fine Jewelry warrants to you that the Site shall substantially conform to the description of Site. If the Site fails to conform to those descriptions of the services, then Giraux Fine Jewelry shall make any and all efforts to remedy those errors.
EXCEPT AS SET FORTH IN THE FIRST PARAGRAPH OF THIS SECTION, THE SITE, AND ALL OTHER RELATED PRODUCTS AND SERVICES ARE PROVIDED BY GIRAUX FINE JEWELRY "AS IS" WITHOUT ANY OTHER WARRANTIES WHATSOEVER. ALL OTHER EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, GIRAUX FINE JEWELRY DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS WEBSITE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
WE SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND/OR PUNITIVE DAMAGES RESULTING FROM THE USE OR PROVISION OF THE WEBSITE AND ALL OTHER RELATED PRODUCTS AND SERVICES, EVEN IF GIRAUX FINE JEWELRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS, AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold harmless us, our directors, employees, suppliers and any third-party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting: from any breach of these Terms; your access to and use of the Site.
No Waiver; Severability of Terms
These Terms constitute the entire agreement between Giraux Fine Jewelry and the user with respect to your use of the Site and the Services of Giraux Fine Jewelry. Giraux Fine Jewelry’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more rights or provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable.
We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on this Site.
Terms and Conditions updated on June 24th, 2017.