TERMS OF USE
GENERAL. By visiting the ILANA ARIEL COLLECTIONS website (“Site”), ilanaarielcollections.com, you are accepting and consenting to be bound by the Terms of Use provided herein, as well as the Privacy Policy.
The following Terms of Use and ILANA ARIEL LLC’s ("ILANA ARIEL") Privacy Policy set forth the entire agreement between the parties relating to the use of the Site. If any provision of this Agreement is held to be unlawful, void or for any reason unenforceable, then such provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. You agree that this Agreement and all incorporated agreements may be automatically assigned by ILANA ARIEL, in its sole discretion, to a third party in the event of a merger or acquisition.
PLEASE DO NOT USE THIS SITE IF YOU DO NOT AGREE WITH THE TERMS OR POSTED GUIDELINES IN ANY WAY. We reserve the right, in our discretion, to update or modify the Terms of Use at any time by posting such new terms on the Site. Such changes shall be effective immediately upon posting. We encourage you to review these Terms of Use whenever you visit the Site. Your continued use of the Site and/or Services will constitute your binding acceptance of this Agreement, as amended from time to time.
CHOICE OF LAW. These Terms of Use and your rights and obligations will be governed by and construed according to the laws of the State of New York, without regard to its choice of law provisions. You irrevocably submit to the exclusive jurisdiction of any federal and state court in the City of New York, and agree that any action or proceeding arising out of or relating to these Terms of Use will be litigated only in such courts.
No action arising out of this Agreement, regardless of form, may be brought by a user more than one (1) year after the cause of action has arisen.
SITE INFORMATION. Certain products on the Site may be discontinued at any time without notice. All product pricing is subject to change based on, but not limited to, market changes, errors in pricing, manufacturer price adjustments, and other circumstances without prior notice.
Product imagery may also be changed without notice. All products are shot to show as much detail as possible, and some products may appear larger or smaller than their actual size. Please note that every computer monitor has different settings so color and size may vary. All total carat weight provided is estimated and can be within .05 carats of the stated weight. Colored gemstones may also vary.
DISCLAIMER AND LIMITATION OF LIABILITY. ILANA ARIEL makes every attempt to ensure that our online catalog of products is as accurate and complete as possible. Product descriptions are always carefully monitored for accuracy, however ILANA ARIEL does not guarantee that product descriptions are accurate, complete, reliable, current or error-free.
Your use and browsing of, and any reliance by you upon this Site is at your own risk and you assume responsibility associated with this Site, provided “AS IS.” ILANA ARIEL disclaims all warranties, conditions, representations and endorsements of any kind, either express or implied, with regard to the information accessed including all content and material, functions and services provided on the Site, provided without warranty of any kind, including the warranties concerning availability, accuracy, completeness, usefulness of content and information, uninterpreted access, and any warranty of title, non-infringement, merchantability or fitness for a particular purpose.
ILANA ARIEL will not be liable for any indirect, special or incidental damages arising out of any provision of these Terms of Use, the Site or the sale of any products.
ILANA ARIEL does not warrant that the Site, content, materials or services will be timely, secure, uninterrupted, or error free, or that defects will be corrected. If you are dissatisfied with the Site, your sole remedy is to discontinue use of the Site. Any material downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk, and you are solely responsible for any damage that may result.
INDEMNIFICATION/RELEASE. YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS ILANA ARIEL, ITS AFFILIATES, SUBSIDIARIES, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS ACTIONS OR DEMANDS, LIABILITIES, LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES, IN ANY WAY ARISING FROM, RELATED TO OR IN CONNECTION WITH YOUR USE OF THE SITE, YOUR VIOLATION OF THE TERMS OF USE OR THE POSTING OR TRANSMISSION OF ANY MATERIALS ON OR THROUGH THE SITE BY YOU, INCLUDING BUT NOT LIMITED TO, ANY THIRD-PARTY CLAIM THAT ANY INFORMATION OR MATERIALS YOU PROVIDE INFRINGES ANY THIRD PARTY PROPRIETARY RIGHTS.
ORDER PLACEMENT AND FULFILLMENT. The purchase of merchandise through ILANA ARIEL is strictly limited to parties who are able to lawfully enter into and form contracts on the Internet in accordance with the laws of the State of New York.
To complete purchases on the Site, you will be required to submit your personal information. Specifically, you must provide your legal name, telephone number, email address and other requested personal information. You will be required to provide valid payment details and confirm that you are the person responsible for and referred to by the payment details provided to the Site.
Please review our Privacy Policy before placing an order for any product through this Site.
All orders are subject to acceptance by ILANA ARIEL. Receipt of an electronic confirmation does not signify acceptance of your order, or confirm agreement to sell the product(s) to you. The initial email confirmation solely acknowledges that the Site has received your purchase request. The Site reserves the right, for any reason, to accept, decline or place limits on your order, whether or not your credit card has been charged.
If, for any reason, your order is cancelled, declined or limited by the Site, ILANA ARIEL will issue a refund to your credit card account in the amount of the charge (inclusive of all shipping, taxes and fees) and notify you that the order has been cancelled.
ALL ORDERS ARE CUSTOM CAST AND MADE TO ORDER, EXCEPT FOR WHEN AN ITEM IS STOCKED. WITH THE EXCEPTION OF PRODUCTS ALREADY IN STOCK, NEW ORDERS TAKE BETWEEN 4-6 WEEKS TO PRODUCE AND SHIP. THERE IS NO GUARANTEE THAT YOUR ORDER WILL COME IN BEFORE THE ALLOTTED WINDOW, BUT SHOULD THAT HAPPEN, ORDERS ARE SHIPPED AS SOON AS THEY ARE COMPLETE.
Orders placed during holidays or when there is a high volume of orders can take longer than the allotted time window. Someone from ILANA ARIEL will always notify the customer in the event this happens.
Items in your shopping cart are not reserved, and therefore may be purchased by other customers before completion and confirmation of your order.
SALES TAX. Sales tax is applicable on all orders shipped within New York State. The rate fluctuates depending on the county the order is being shipped to.
ILANA ARIEL is not responsible for any additional taxes or duties associated with international delivers.
PAYMENT TERMS. Payments are processed using Shopify’s secured server. By providing your credit card information, you agree to be bound by and accept the terms and conditions of Shopify.
Online, we accept Visa, MasterCard and American Express. We will also accept money orders through the mail. We do not accept checks. Full payment is due before any order is processed and produced.
In filling out the payment requirements, you confirm that you are an authorized user of the credit/debit card. All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of the credit/debit card rejects authorization of payment to ILANA ARIEL, we will not be held liable for any delay or non-delivery.
DOMESTIC SHIPPING. All domestic shipments are handled by FedEx and will require signature upon delivery. Orders may not be shipped to P.O. Boxes or APO/FPO addresses. Please be aware that all orders are processed Monday through Friday, and delivery time does not include Saturdays, Sundays or Holidays.
After your purchase is confirmed, your payment processed, and the order request completed, we will ship your purchase within two (2) business days. You will then receive an email with tracking information.
ILANA ARIEL requires a signature before a delivery can be made. FedEx is authorized to leave the package at the shipping address after obtaining a signature.
All items purchased on the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon ILANA ARIEL’s delivery to FedEx.
Please note: In the event of a production delay, we will promptly notify you with an updated timeframe. ILANA ARIEL cannot be held liable for unanticipated delays in production, shipping or address verification. ILANA ARIEL is also not responsible for delayed delivery of packages due to customs or weather related issues.
INTERNATIONAL SHIPPING. We are happy to ship internationally! Special shipping fees will apply. Please contact sales@ilanaarielcollections.com to get an international shipping quote and delivery estimate. Orders are billed in US dollars. ILANA ARIEL is not responsible for duties and taxes charged by the receiving country.
ILANA ARIEL is also not responsible for delayed delivery of packages due to customs or weather related issues.
RETURN AND EXCHANGE POLICY. All sales are final. However, we are more than happy to exchange an item if there is something wrong with the order or if the product has a defect. Exchanges can only be done 7 days after delivery, so please contact sales@ilanaarielcollections.com within 7 days of receipt of your purchase.
For exchanges due to an incorrect order, please contact us within 3 days of delivery. It is the sole judgment and discretion of ILANA ARIEL whether a product is faulty or has sustained damage as the result of normal wear or other normal circumstances.
ALL SPECIAL ORDER/PERSONALIZED items are final sale and will not be refunded or exchanged once an order has been placed. Shipping fees are non-refundable, and we are not responsible for return shipping charges. The product(s) must be returned in the original packaging, including any boxes and other signature branded packaging.
REPAIR POLICY. ILANA ARIEL is happy to offer free repairs for jewelry purchased within one year. However, the customer is responsible for all shipping fees to and from ILANA ARIEL.
Repairs are reviewed on a case-by-case basis and additional charges may apply. Warranty for repair is void if the item has been altered, sized or repaired prior to being sent to ILANA ARIEL.
Please email sales@ilanaarielcollections.com with the item in need of repair, what repair is needed, and details from the original invoice, and your contact information.
If we determine that we can accept your repair, we will reply and provide you with a Return Merchandise Authorization (RMA) number and shipping information. Please allow approximately 2 weeks for a repair assessment. A repair fee estimate will be provided either prior to or upon receipt of your item, depending on the nature of the repair. Please note that we are not responsible for your item until it is in our possession and that repairs typically require 6-8 weeks to complete.
OWNERSHIP OF CONTENT. All content, design, information, text, images, names, likenesses, pictures, graphics, formats, code and software, technical drawings, configurations, graphics, photographs, links, interactive features and other material and files (collectively, “Content”) used on or incorporated into this Site, and the selection, arrangement and/or integration of all such Content are either registered trademarks, trademarks, trade names, service marks, copyrights or otherwise protected property of ILANA ARIEL, or used under license or otherwise, and all rights thereto are specifically reserved. Except as otherwise expressly provided herein, Content on the Site may not be used, copied, published, broadcasted, distributed, reproduced or transmitted without our prior written consent.
THIRD PARTY. The Site may contain links to other websites on the Internet that are unrelated to us and which are owned and operated by third parties (“Third-Party Sites”). ILANA ARIEL does not make any representations or warranties about any Third-Party Sites you may access through this Site. These links are provided solely as a convenience to you and do not constitute an endorsement by or imply that ILANA ARIEL sponsors, is affiliated or associated with or otherwise recommends, certifies or endorses any Third-Party Sites.
We are not responsible for the contents of or any products or services offered on any Third-Party Sites. You must make your own independent decisions regarding your interactions or communications with any other website. Material available on or through Third-Party Websites may be protected by copyright and the intellectual property laws of the United States and/or other countries. The terms of such third-party sites, and not the terms and conditions of this Agreement, govern your use of that material.
PRIVACY POLICY. ILANA ARIEL places the utmost priority on your private, personal information! We do not sell, share, or otherwise disseminate your information to other companies or third parties.
When you purchase from ILANA ARIEL, we collect and store your name, billing and shipping information, phone number, and email address. This information is necessary to properly ship your order.
We strive to use commercially acceptable means to protect your personally identifiable information, however we cannot guarantee its absolute security. No method of transmission over the Internet, or method of electronic storage is 100% secure. IN NO EVENT WILL ILANA ARIEL, ITS AFFILIATES OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THIS SITE, OR IN CONNECTION WITH ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE (INCLUDING LOST PROFITS, LOSS OF BUSINESS DATA, BUSINESS INTERRUPTION AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SITE). THE FOREGOING LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS.
Please note: In the event that ILANA ARIEL is acquired by or merges with another company and sells/transfers substantially all of its assets, please be advised that customer personal and aggregate information will likely be one of the transferred assets.