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    By visiting www.melissakayejewelry.com (the “Site”), you consent and agree to be bound by these Legal Terms and Conditions and the provisions of the “Terms and Conditions” section (together, the “Terms”) of this Site. Your access to and use of this Site to order products offered on the Site are also governed by these Terms. If you do not wish to be bound by these Terms, please do not use this Site.

    We reserve the right, in our discretion, to update and change these Terms at any time by posting new terms on the Site. These changes will be effective immediately, on posting. Please review these Terms each time you use this Site. Your continued use of this Site, and your ordering of any products on this Site, will constitute your binding acceptance of the Terms.

     

    Orders

    Once an order has been placed, we are unable to modify or cancel your order. Items that are in stock will ship immediately. If an item is not in stock, it will be made to order and a representative will contact you with an estimated delivery date. Estimated delivery times for items not in stock are generally between 2-4 weeks. If you would like to expedite shipping, please send us an email at info@melissakayejewelry.com. We will do our best to accommodate your requests.

     

    Returns & Exchange

    All sales are final. Unfortunately, we are not able to accept returns or exchanges on any item.

    If you purchased an item from an outside retailer and would like to return or exchange the item, please contact the retailer directly for their policy. We are not responsible for any pieces not purchased directly from www.melissakayejewelry.com.

     

    Shipping

    All domestic shipments are handled either by UPS or FedEx. A $20 shipping, handling and insurance charge is added to each domestic order. All shipments must be signed for upon delivery.

    Our shopping bag is currently configured for customers billing and shipping within the United States. However, we welcome international orders. Please contact us at info@melissakayejewelry.com with your request.

     

    Sales Tax

    Sales tax is applicable and will be charged on all orders shipped within New York State.

     

    Product Descriptions

    Product images are subject to change without notice. All products are photographed to show as much detail as reasonably possible. Some items may appear larger or smaller than their actual sizes, and are not shown to scale. The item descriptions indicate approximate dimensions. Also, please note that because computer monitors have different settings, colors and sizes may vary. If you have any questions regarding the size, color or any other physical aspect of a particular item, please contact us at info@melissakayejewelry.com.

    All total carat weights provided are approximate estimates and may vary within ± 10% of the carat weight. Carat weight for standard-size rings is based on a U.S. size 6 or 7. All of our rings are standard U.S. sizes. If you do not know your U.S. ring size, we recommend contacting your local jeweler.

     

    Custom Sizing

    Please e-mail info@melissakayejewelry.com for any custom sizing requests.

     

    Ownership of Content

    All content, design, information, text, images, names, likenesses, pictures, graphics, formats, code and software, technical drawings, configurations, graphics, photographs, audio and video files, scripts, 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 Melissa Kaye LLC, or used under license or otherwise, and all rights thereto are specifically reserved. Content on the Site may not be used, copied, published, broadcasted, distributed, reproduced or transmitted without our prior written consent.

     

    Restrictions on Use

    Except as expressly permitted, you agree not to use the Site for sale, trade or other commercial purposes, and you may not modify, copy, publish, display, transmit, adapt or in any way exploit the Content on the Site. You agree not to use the Site to provide information which is incomplete, false, inaccurate and not your own; engage in criminal activity or otherwise give rise to conduct that may violate the law or fail to comply with accepted internet protocol; attempt to interfere in any way with the Site or the Site’s security or to use the Site’s service to gain unauthorized access to any other computer system.

     

    Security 

    From time to time, we may use techniques designed to identify fraudulent activities. You agree to cooperate with such efforts, as we may, in our sole discretion, deem necessary to identify attempted fraud. You further agree that if, for any reason, you or others acting on your behalf are suspected of fraud or other breach of these Terms, we may, in our sole discretion, declare you to be in breach of the Terms, suspend or terminate your use of the Site, and/or seek prosecution to the fullest extent of the law. 

     

    Disclaimer and Limitation of Liability

    Melissa Kaye LLC attempts to provide accurate and timely information. There may, however, be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site without notice. Your use and browsing, and any reliance by you upon this Site, is at your own risk and you assume full responsibility associated with your use of the Site. Melissa Kaye LLC disclaims all warranties, conditions, representations and endorsements of any kind, either expressed 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, uninterrupted access, and any warranty of title, non-infringement, merchantability or fitness for a particular purpose. Melissa Kaye LLC 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 using 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. In no event shall Melissa Kaye LLC, its affiliates or any of its directors, officers, employees, agents, or content or service providers be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or cause of action arising from or in any way related to the use of, or the inability to use, or the performance of the Site or the Content and materials or functionality on or accessed through the Site including, loss of revenue, or anticipated profits or lost business, data or sales or any other type of damage, tangible or intangible in nature. 

     

    Indemnification/Release 

    You hereby agree to indemnify, defend and hold harmless, Melissa Kaye LLC, 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 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 right.

     

    Governing Law and Limitation of Actions

    The terms of this Agreement shall be governed by and construed in accordance with the laws of the State of New York without regard to its conflicts of law rules, and you and we irrevocably consent, in connection with any action to enforce this Agreement or arising out of your use of the Site, to the jurisdiction of the federal and state courts located in New York County, the State of New York. 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.

     

    Miscellaneous

    These Terms and Melissa Kaye LLC’s 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 Melissa Kaye LLC, in its sole discretion, to a third party in the event of a merger or acquisition.