Terms of service

Terms of Service Agreement

Welcome to www.lucchijewelry.com, an online jewelry store operated by Lucchi Jewelry & Co (“we”, “us”, or “our”). This Terms of Service Agreement (the “Agreement”) sets forth the legally binding terms and conditions for your use of the website located at www.lucchijewelry.com (the “Website”) and any other interactive features, applications, or services that we own or operate and that link to this Agreement (collectively, the “Services”).

By accessing or using the Services, you confirm your agreement to be bound by this Agreement and our Privacy Policy, which is incorporated by reference into this Agreement. If you do not agree to be bound by this Agreement and our Privacy Policy, you may not use the Services.

  1. Eligibility

You must be at least 18 years of age to use the Services. By using the Services, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

  1. Accounts

In order to access and use certain features of the Services, you may be required to register for an account. You agree to provide accurate and complete information when creating your account and to update this information as necessary to keep it accurate and complete. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device, and you agree to accept responsibility for all activities that occur under your account or password.

  1. Proprietary Rights

All content, trademarks, services marks, trade names, logos, and icons are the property of or licensed to us and are protected by copyright and trademark laws. We grant you a limited, non-transferable, non-sublicensable, and non-exclusive license to access and use the Services for your personal, non-commercial use. You may not use any content, trademark, service mark, trade name, logo, or icon without our prior written consent.

  1. User Conduct

You agree to use the Services only for lawful purposes and in accordance with this Agreement. You agree not to use the Services:

  • To upload, post, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable
  • To harm minors in any way
  • To impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity
  • To upload, post, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation
  • To upload, post, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment
  • To interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services
  • To intentionally or unintentionally violate any applicable local, state, national, or international law
  1. Order Processing and Shipping

When you place an order through the Services, we will process your payment and ship your order to you in a timely manner. We are not responsible for any delays caused by shipping carriers or by any events beyond our reasonable control. All shipping and handling charges are non refundable.

  1. Returns and Refunds

We will accept returns of any defective or damaged items within 14 days of the date of delivery. You will be responsible for the cost of returning the item to us. We will issue a full refund or exchange the item, at your discretion. We do not accept returns of non-defective or non-damaged items.

  1. Disclaimer of Warranties

The Services are provided on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, as to the operation of the Services or the information, content, materials, or products included on the Services. We do not warrant that the Services will be uninterrupted or error-free. We will not be liable for any damages of any kind arising from the use of the Services, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages.

  1. Limitation of Liability

We will not be liable for any damages of any kind arising from the use of the Services, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages.

  1. Indemnification

You agree to indemnify and hold us, our officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services, your violation of this Agreement, or your violation of any rights of another.

  1. Governing Law

This Agreement and the relationship between you and us will be governed by the laws of the State of [Your state]. Any disputes arising under or in connection with this Agreement will be resolved in accordance with the laws of the State of [Your state], without giving effect to any principles of conflicts of law.

  1. Changes to the Agreement

We reserve the right, at our sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

  1. Intellectual Property

You acknowledge and agree that the Services, and all intellectual property rights related to or contained within the Services, including but not limited to, patents, trademarks, trade secrets, copyrights, and all other proprietary rights, are the exclusive property of us and our licensors. You may not use any content, trademark, service mark, trade name, logo, or icon without our prior written consent.

  1. Third-Party Websites

The Services may contain links to third-party websites. We are not responsible for the content, privacy policies, or practices of any third-party websites. By using the Services, you release us from any and all liability arising from your use of any third-party website.

  1. Termination

We reserve the right, in our sole discretion, to terminate your access to all or any part of the Services at any time, with or without cause, and with or without notice, effective immediately. If you wish to terminate this Agreement or your lucchijewelry.com's account (if you have one), you may simply discontinue using the Services.

  1. Entire Agreement

This Agreement, together with our Privacy Policy, constitutes the entire agreement between you and us with respect to the use of the Services.

  1. No Waiver

The failure of us to enforce any right or provision in this Agreement will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

  1. Severability

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

  1. Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

  1. Warranty Disclaimer

We do not guarantee, represent or warrant that your use of the Services will be uninterrupted, timely, secure or error-free.

  1. Limitations

In no event shall Lucchi Jewelry & Co or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on lucchijewelry.com's website, even if Lucchi Jewelry & Co or a Lucchi Jewelry & Co authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

  1. Dispute Resolution

In the event of a dispute arising out of or in connection with this Agreement or the Services, the parties will first attempt to resolve the dispute through good faith negotiations. If the dispute cannot be resolved through negotiations, the parties will then attempt to resolve the dispute through mediation, with a mutually agreed upon mediator. If the dispute cannot be resolved through mediation, the parties will then submit the dispute to binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration will be conducted in Boston, Massachusetts and the parties will split the cost of the arbitration equally. The arbitration award will be final and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

  1. Product Description

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

  1. Accurate Billing and Account Information

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

  1. Modification of prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

  1. Returns, Refunds, and Cancellation

We do not issue refunds for digital products once the order is confirmed and the product is sent. We recommend contacting us for assistance if you experience any issues receiving or downloading our products.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

  1. Limitations of Liability

In no case shall [company name], our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

  1. Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

  1. Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Massachusetts, USA.

  1. Severability

If any provision of these Terms of Service is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

  1. Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

  1. Contact Information

If you have any questions about this Agreement or the Services, please contact us at [contact@lucchijewelry.com].

This Agreement is effective as of [January 1, 2023] and will remain in effect except with respect to any changes in its provisions in the future, which will be in effect immediately after being posted on this page.

 

Additionally.

Product Warranty and Maintenance:

Our products are manufactured to the highest standards of quality and craftsmanship. However, in the event that a product is found to be defective or damaged, we will repair or replace the product, free of charge, within 14 days of the date of delivery. This warranty does not cover damages caused by normal wear and tear, accidents, or misuse of the product.

To make a warranty claim, please contact us at contact@lucchijewelry.com with a detailed description of the issue and a photograph of the product. We will provide instructions on how to return the product for repair or replacement.

Product Authenticity:

All of our 14k gold products are guaranteed to be made of 14-karat gold and are tested and verified by our quality assurance team. All of our lab and natural gemstones, including pearls, are also verified for authenticity.

Gift Cards:

Gift cards are non-refundable and cannot be exchanged for cash. They can only be used to purchase products from our website. We are not responsible for lost or stolen gift cards.

Custom Orders:

We are happy to accommodate custom orders. However, please note that custom orders are non-refundable and cannot be exchanged or returned. We will work with you to ensure that you are satisfied with the final product.

Please be aware that custom orders may take longer to process and ship, and may require additional fees. We will provide an estimated completion time and cost before starting any custom order.