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TERMS AND CONDITIONS

Important! Read this entire agreement carefully. These are the terms and conditions governing your use of our services and of the website.

This Agreement sets forth the terms and conditions governing your use of this site and your access to and use of the information, content and services offered on this site, including jewelry rental and purchase services. By accessing or using this site or any of the services, you accept and agree to be legally bound by this Agreement, as it may be amended or supplemented from time to time, and agree to all operating rules and/or policies of 57 Facets Mineral LLC and the services that may be published by 57 Facets on this site. All these rules and policies are incorporated into this Agreement by this reference.

BY USING THIS SITE YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

The services are intended for use only by individuals and legal entities that can form legally binding contracts under applicable law. If you do not satisfy the foregoing, you may not use any of the services. By using any of the services, you expressly represent that you have the capacity under applicable law to enter into a legally binding contract (if you are an individual), or that you have been duly authorized by your corporation, partnership, or other legal entity, to enter into agreements on behalf of that entity.

57 Facets reserves the right, at any time and from time to time, to update, revise, supplement and to otherwise modify this Agreement and to impose new or additional rules, policies, terms or conditions on your use of the services. Such updates, revisions, supplements, modifications and additional rules, policies, terms and conditions shall be effective immediately and incorporated into this Agreement upon notice thereof, which may be given by any reasonable means including by posting to this site or the websites of 57 Facets related or affiliated entities. Your continued use of this site following such notice shall be deemed to indicate your acceptance of any and all such additional terms. All additional terms are hereby incorporated into this Agreement by this reference.

57 Facets reserves the right, at any time and from time to time, to modify or discontinue, temporarily or permanently, any or all of the services, with or without notice and in its sole discretion. This includes the right to modify, discontinue or remove any content, postings, links, pages, services, or other materials at any time and for any reason. You agree that neither 57 Facets, its partners nor affiliates shall be liable to you for any modification, general suspension or discontinuance of any services. 57 Facets may, in its sole discretion, refuse or restrict anyone from access to any or all of the services at any time.

LEASE TERMS:

Title to all leased jewelry remains at all times with 57 Facets. Rented jewelry will arrive at your designated shipping address at least one day before your event date, as conveyed by you. Your delivery address should be an address where you or your agent will be present to sign for and receive delivery of the jewelry. Any refused or returned deliveries will be processed as a completed rental transaction, with the full rental and other fees assessed.

The total rental fee for lease of the jewelry, including applicable shipping charges and taxes, will be charged to your credit card when you place your reservation. A security hold of up to 33% of the jewelry's Sale Price as listed on the 57 Facets website will be placed on your credit card at the time the jewelry is processed for shipment to you. This security hold helps protect 57 Facets against loss, damage or theft of the jewelry. If 57 Facets is unable to place a security hold on your credit card on the stated date, your rental order will be treated as cancelled and will be subject to the terms of cancellation as outlined below. The security hold, minus any charges due under this agreement, without interest, shall be removed from your credit card upon receipt and inspection of the jewelry by 57 Facets.

Unless otherwise authorized by 57 Facets in writing, you must return the jewelry on the first business day following your scheduled event. The return date is the date you deliver the properly packaged jewelry to the shipping agent designated for your rental by57 Facets. For proper return, the jewelry must be re-packaged in its 57 Facets jewelry box(es). The jewelry box(es), along with the properly completed return documentation, must then be placed and sealed in the return shipping package included with the shipment. The package along with the pre-completed shipping label may then be handed over to the designated shipping agentís drop-off point in your area for return shipment. You are not required to purchase additional insurance or pay any additional fees at the time of returning the jewelry. Please do not make any changes to the return documentation unless previously authorized by 57 Facets.

If through our fault the jewelry is not delivered to you at least one day before your event date, we will return all rental fees and, upon return of the jewelry as provided above, return your Security Deposit. The return of these amounts will be our sole liability to you in the event of non-timely delivery or non-delivery; in no event will we be liable for any other damages whatsoever, including, without limitation, direct, indirect, special or consequential damages. If 57 Facets timely delivers the jewelry to the shipping agent with delivery pre-paid for delivery to you at least one day prior to the Event Date, any late delivery or non-delivery will be deemed to be not our fault and we shall have no liability under this paragraph.

Late fees for returns beyond the due date will be charged to your credit card account in addition to all other applicable fees. If the Return Date is one to two days late, we will charge you 10% of your total rental fee as a late fee. If the Return Date is three or more days late, we will charge you at least 80% and up to 190% of your total rental fee as a late fee. If the Return Date is over fourteen days late, 57 Facets will have the right to retain your entire Security Deposit and may require additional payment from you including up to 100% of the total Sale Price of the jewelry. You agree and acknowledge that the late fees provided for by this paragraph are not intended to be a punishment or penalty but are intended as just and reasonably calculated compensation for 57 Facets because of, but not limited to, losses incurred from loss of sales and reputation due to unavailability of items, fluctuations in the value of gems and precious metals, and changes in our insurance rates.

All requests for cancellation must be made in writing. If you cancel your order in writing more than 30 days ahead of the scheduled shipping date, 57 Facets will not charge you for the cancellation. If you cancel your order between 15 and 29 days of your scheduled shipping date, 65% of your total rental fees will be refunded to you. If you cancel your order less than 15 days ahead of the shipping date, only the shipping and handling portion of the rental fees will be refunded. You may not cancel an order once the jewelry has been shipped.

You understand that consumer reports may be obtained in connection with your rental. We may receive credit information from a national credit bureau at any point during the transaction. The information may be obtained from Federal, State and Local government agencies or other private databases. You acknowledge that this information may be used to make decisions, including but not limited to adjustments in the security hold at our sole discretion.

Jewelry will be thoroughly inspected and cleaned before delivery. You acknowledge that each item of jewelry rented from us is a high value item. While jewelry is in your possession, we expect you to handle the jewelry with the highest level of care. Our rental rate assumes a minimal amount of wear which may occur with a rental use consistent with wearing high quality jewelry to a formal event. Unusual wear or any damage or foreign substances on any item of jewelry will give us the right to charge your credit card for the cost of repair or cleaning or other charges. The amount to be charged is left to our sole discretion based on our assessment of the damage.

SALE TERMS:

We want you to be comfortable when you make purchase product from 57 Facets.

Within 7 days from the date of delivery or purchased, you may return purchased jewelry items for full refund, in the same condition as received subject to the terms of this paragraph. All returned jewelry must have original security tags and original bar code tag as it was revived on them. 57 Facets will not accept jewelry returns if damaged, altered or original security tags and original bar code tag have been removed . After receipt and inspection of the returned item, 57 Facets will refund you the full amount of sale price of the jewelry in the same manner in which the purchase was made.

After 7 days to within 30 days you can exchange the item for the same or more amount, un-damaged or un-altered.

Please contact our team member for the buy back program for your jewelry.

Please contact our team member for returns of special order items and items purchased pursuant to a lease agreement.

Returns can be shipped to us or personally returned at our offices. Please contact us to make an appointment for an in person return or exchange. For proper return via shipment, the jewelry must be re-packaged in its 57 Facets jewelry box(es) with original sales receipt, and lab certificate. The jewelry box(es), along with the properly completed return documentation, must then be placed and sealed in another box or in a box provided by the shipping agent.

Applicable sales or other transaction taxes imposed on us in connection with your purchase of the jewelry will be added to the sale price. If there is damage to your jewelry on delivery, you are required to contact us immediately upon receipt.

PRODUCTS AND PRICES:

We make every attempt to ensure that 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, and color and size may vary slightly based on your monitor settings and other factors.

Our objective is to provide you with as much information and detail about your prospective rental or purchase as possible. In compliance with industry standards, 57 Facets states that carat total weight in all purchases may vary up to 10% 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 manufacturing. For gemstone and pearl measurements, a tolerance of up to 2 mm 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.

Data, including prices, may be inaccurately displayed on our site due to system or typographical errors. We reserve the right to correct any 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.

ACCOUNT INFORMATION:

You must register in order to access and use some areas of our site. You agree to: (i) provide current, complete, not misleading, true and accurate information as required to complete the registration form and at other points as may be required in the course of your using the services; and (ii) maintain and update this information as required to keep it current, complete, and accurate to become a registered user of the services. You agree not to use a false or misleading name or a name that you are not authorized to use. If 57 Facets has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, 57 Facets has the right to suspend or terminate your account, refuse any and all current or future use of the services, and pursue any appropriate legal remedies. Furthermore, you grant 57 Facets the right to use your registration and other data and information for the purposes described in this Agreement and in furtherance of your use of the services.

If applicable, you will be able to access certain portions of this site as a registered user of the services. As a registered user, you will receive or establish one or more passwords and accounts. Maintaining the confidentiality and security of your password and account is solely your responsibility. Do not divulge your password to anyone else, and do not use anyone else's password or account. You are entirely responsible for all activities that occur on or through your account(s), and you agree to notify us immediately about any unauthorized use of accounts or any breach of security. You agree that 57 Facets will not be responsible for any losses incurred in connection with any misuse of passwords, and you further agree that we will have no responsibility whatsoever for your failure to comply with these provisions. If 57 Facets has reasonable grounds to suspect that the security of your password has been compromised, 57 Facets has the right to suspend or terminate your account, refuse any and all current or future use of the services, and pursue any appropriate legal remedies. Please refer to our Privacy Policy for additional information.

SITE CONTENT:

The Site and all content and other materials, including, without limitation, the 57 Facets 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 are the proprietary property of 57 Facets or its licensors or users and are protected by trade dress, copyright, and trademark laws, and various other intellectual property rights and unfair competition laws.

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: (i) any resale or commercial use of our site or the site materials therein; (ii) the collection and use of any product listings, pictures or descriptions for commercial purposes; (iii) the distribution, public performance or public display of any site materials, (iv) modifying or otherwise making any derivative uses of our site and the site materials, or any portion thereof; (v) 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; (vi) 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; (vii) 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; (viii) use our web sites in any way which interferes with the normal operation of our sites; or (ix) 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 57 Facets, 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.

57 Facets may provide links to web pages and content of third parties ('Third Party Content') as a service to those interested in this information. 57 Facets does not monitor or have any control over any Third Party Content or third party sites. 57 Facets does not endorse any Third Party Content and can make no guarantee as to its accuracy or completeness. 57 Facets 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.

57 Facets may run advertisements and promotions from third parties on our site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than 57 Facets, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. 57 Facets is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-57 Facets advertisers on our site.

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY 57 FACETS, THIS SITE, THE CONTENT CONTAINED THEREIN AND THE PRODUCTS AND SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE "PRODUCTS AND SERVICES") ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. 57 FACETS 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. 57 FACETS DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN OUR SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. 57 FACETS DOES NOT REPRESENT OR WARRANT THAT OUR SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

LIMITATION OF LIABILITY:

IN NO EVENT SHALL 57 FACETS, 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 THE USER ON ANY INFORMATION OBTAINED FROM 57 FACETS, 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 57 FACETS'S RECORDS, PROGRAMS OR SERVICES, OR ACCIDENTS OR HARM ARISING FROM YOUR POSSESSION OR USE OF OUR JEWELRY.

APPLICABLE LAW AND VENUE:

These Terms and Conditions and your use of this site will be governed by and construed in accordance with the laws of the State of New York without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions shall be filed only in the state and federal courts located in New York, New York, and 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.

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.