TERMS AND CONDITIONS

These terms and conditions apply to the Avi & Co. website located at www.aviandco.com. Please read these Terms and Conditons carefully. BY USING THE SITE, YOU AGREE TO AND WILL BE BOUND BY THESE TERMS AND CONDITIONS.

These Terms and Conditions govern your use of, and any purchase from, the Avi & Co. website, and constitute an agreement between you and www.aviandco.com (henceforth referred to as "the site" or "the website"). Avi & Co. reserves the right to change or modify any of these Terms and Conditions or any policy or guideline of the website at any time, and in its sole discretion. Any change or modification will be effective immediately upon posting of the revisions on the website. Your continued use of the website 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 website. If you do not agree to the amended terms, you must stop using the website.

The Terms & Conditions, product warranties and return policy stated here are limited only to items purchased through this website. Items that have been purchased from our store are subject to the terms and return conditions posted in our store and are not applicable for return or any other type of reimbursement under the conditions stated on this website. 

Product Availability, Cancellations and Pricing

If you're interested in a piece of jewelry that is currently out of stock please call us and we can tell you when the item will be available again. 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 website. If this happens we will contact you directly to discuss possible options.

Avi & Co. reserves the right to cancel an order if it is determined that the stated billing/shipping address is undeliverable. Avi & Co. uses the latest fraud detection software when processing credit card payments, however there is a possiblility 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. 

Due to higher incidents of fraud credit cards from international customers (including Canada) will not be accepted or processed by our system.

Data, including but not limited to item descriptions and prices, may be inaccurately displayed on our website 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 contact one of our sales professionals at support@aviandco.com or 212-719-1008.

All stated product prices are final. 

Information on Our Site

Avi & Co. 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 Avi & Co. 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.

Policy on Conflict Free Diamonds

Avi & Co. 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.

Product Reviews and User Content

The Avi & Co. 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 Avi & Co., is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or our website, or which may expose Avi & Co. or its users to any harm or liability of any type.

Avi & Co.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 Avi & Co. 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, Avi & Co. 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 Avi & Co. has no obligation to screen, edit or monitor any of the Content posted in any Interactive Area, Avi & Co. 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 wbsite 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 Avi & Co.'s systems and customers, or to ensure the integrity and operation of Avi & Co.'s business and systems, Avi & Co. 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. Avi & Co.'s right to disclose any such information shall govern over any terms of Avi & Co.'s Privacy Policy.

If you post User Content to our website, unless we indicate otherwise, you grant Avi & Co. 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 Avi & Co. 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 Avi & Co. 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 merchantablity, fitness for a particular purpose, title, and non-infringement as to the information, content or materials in our website. Avi & Co. does not represent or warrant that the materials in our website or the services are accurate, complete, reliable, current or error free. Avi & Co. does not represent or warrant that our website or its servers are free of malicious software or other harmful components.

Avi & Co. 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”, Avi & Co. 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”. Avi & Co. 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 Avi & Co. are done so strictly through the website using our own authorized watchmakers.

USE BY INDIVIDUALS UNDER 18 PROHIBITED. We require that the use of our website and all purchases be made by individuals 18 years of age or older. BY PURCHASING A PRODUCT FROM US, YOU REPRESENT AND WARRANT TO US THAT YOU ARE AN INDIVIDUAL 18 YEARS OF AGE OR OLDER.

Limitation of Liability

IN NO EVENT SHALL AVI & CO., 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 CONDITONS FOR USE OF THIS WEBSITE SHALL BE GOVERED 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 PROVISONS. BY USING THIS SITE YOU AGREE THAT ANY LAW OR EQUITY ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITONS 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 CONDITONS.

Modification of Terms

Avi & Co. may modify these Terms and Conditions and any other policies on our website at any time and that posting the modified Terms and Conditions or policies on our website will constitute sufficient notice of such modification.

Termination of Use

Notwithstanding any of these Terms and Conditions Avi & Co. reserves the right, without notice and in its sole discretion, to terminate your license to use this website and to block or prevent future your access to and use of the website.