Terms of Service and Purchase

By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, or entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“User”) agree to be provided with products by STACY NOLAN, LLC (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following Terms of Purchase:

GENERAL TERMS
  1. Upon execution of this Agreement, electronically, or otherwise, the Company agrees to provide jewelry purchased (collectively known as the “Jewelry”) as outlined on Company’s Website at www.stacynolan.com (“Website”), Checkout Page, or other point of purchase.
  2. The scope of the Jewelry rendered by the Company pursuant to this Agreement shall be solely limited to that contained therein and/or provided for on Company’s Website as part of the Jewelry.
  3. Your Order is not confirmed until you receive acknowledgement from the Company.
  4. Fit-related returns are subject to return shipping, storage, and processing fees.
  5. When creating a custom design, the client agrees to pay the Company a non-refundable deposit to begin the design process.  This deposit will be applied towards the full price of the Jewelry
  6. Custom design services include a defined scope of work as outlined in the specific package selected at the start of the project. This may include a set number of design concepts, revisions, CAD files, wax prints, or other services. 
  7. The Jeweler will provide an initial design in sketch form via email. The Client will have the opportunity to offer feedback during the initial design phase.
  8. The approved design(s) will be prepared in CAD (computer aided design) if applicable, through  3rd party contractor.  The Jeweler will send CAD renderings, along with a full price quote via email.  This quote will be valid for fourteen (14) days as metal prices may vary.  The Client will have the opportunity to offer feedback during the CAD phase.
  9. Any revisions, redesigns, or requests beyond the agreed-upon scope may be subject to additional fees. These fees will be quoted in advance when applicable.
  10. Within fourteen (14) days Client will approve of the final design, time of delivery, and payment schedule in writing via email.
  11. Should Client decline to proceed with the Jewelry, the non-refundable deposit is forfeited and may not be applied towards another product or service.
DELIVERY
  1. The Company offers several delivery options to Customers as outlined below.
  2. For Delivery: The Company will ship the final product to the address the Client provided and a signature may be required. The Jewelry will be valued at the price paid and insured for its full value.  In the event the Jewelry is damaged upon delivery or goes missing, Client should notify the Company within twenty four (24) hours of delivery (or expected delivery) and the Company will work with Client to fix or replace the Jewelry.
  3. For Pickup: Client agrees to pick up the Jewelry from Company’s place of business within ninety (90) days or Client forfeits the Jewelry and the Company reserves the right to sell to other customers.
CUSTOM JEWELRY AND CLIENT PROVIDED MATERIALS : TERMS AND POLICY
  1. Custom design projects begin with a non-refundable deposit applied to the final total. Once the final quote has been accepted, fifty percent (50%) of remaining payment will be due as the first installment.  Sales and other taxes may be included.
  2. Client acknowledges that rush fees may be applied under certain circumstances.
  3. Client agrees to make all payments according to the payment schedule as outlined via email or otherwise in writing. Even if the process is delayed due to non-communication or lack of Client feedback, Client agrees to make all payments on time.
  4. Final payment is due no more than six (6) weeks after the first installment has been made.  If final payment is not made on time, the company reserves the right to stop work on the Jewelry and it will not be completed or delivered until payment is made in full.
  5. Client acknowledges custom design jewelry is unique and Your Jewelry may appear differently than expected. No refunds or returns are permitted on custom jewelry pieces. 
  6. Client provided gemstones may be accepted at company’s discretion. If you would like to use a pre-owned or already purchased stone, the Jeweler will approve on a case-by-case basis and this will be determined during the design process.
  7. Should Client mail in (at Client’s cost and complete liability for any loss or damage through shipping) or hand deliver a gemstone or a piece of jewelry containing a gemstone to be used, the Client acknowledges that there is reasonable risk involved in removing stones from mountings and resetting stones. The Company will assess any risk regarding Your stone and advise You on any foreseeable issues before moving forward with stone resetting.
  8. By providing consent for the Company to reset a pre-existing gemstone or refine any metal, the Client releases the Jeweler from any claims of damage or liability that may be incurred throughout the process, including damage by third-parties, and holds harmless the Jeweler against any stone damage due to stone flaws or existing stone cracks, chipping, flaws, or inclusions that may be discovered. 
  9. By submitting heirloom or pre-owned jewelry for redesign, the Client acknowledges and authorizes the Jeweler to inspect, disassemble, and modify the piece as required for design exploration, CAD development, and/or production. Once disassembled, the original design cannot be restored. The Jeweler is not liable for any perceived loss of value from dismantling, and any request to cancel the project after disassembly will be subject to a partial or full forfeiture of the original materials and/or associated labor and design fees.
  10. The Company agrees to securely store client-owned gemstones, metals, or materials for up to twelve (12) months from the date of original receipt. After this time, unclaimed materials may be returned to the Client (with shipping and insurance billed separately) or recycled at the Company’s discretion. Any unused project credit, including value from recycled materials, may be forfeited after the twelve-month period unless a written extension is agreed upon.
MADE-TO-ORDER : PAYMENT TERMS AND REFUND POLICY.
  1. Upon execution of this Agreement, Customer agrees to pay to the Company the purchase amount as stated on the Website.
  2. Due to the customized nature of this work, made-to-order jewelry is non-returnable and non-refundable.
  3. In the event the Jewelry is damaged upon delivery, Customer should notify the Company immediately and the Company will work with Customer to receive a full refund, exchange, or credit. The damaged Jewelry must be reported within twenty-four (24) hours of delivery to repairs@stacynolan.com
READY TO SHIP : PAYMENT TERMS AND REFUND POLICY
  1. Upon execution of this Agreement, Customer agrees to pay to the Company the purchase amount as stated on the Website.
  2. If Customer is not fully satisfied with the purchase of the Jewelry, the Company provides an exchange of the Jewelry.
  3. Customer must notify the Company within ten (10) days and the Company will work with the Customer to receive an exchange, or credit.
  4. All Jewelry returns within the ten (10) day period must be in original condition, in the original box, and with all original packing material.
  5. Non-compliance with the above Terms, or any wear and tear of the Product, may result in an adjustment of exchange value.
  6. In the event the Jewelry is damaged upon delivery, Customer should notify the Company immediately and the Company will work with Customer to receive a full refund, exchange, or credit.  The damaged Jewelry must be reported within twenty four (24) hours of delivery to repairs@stacynolan.com

REPAIRS AND WARRANTY. Clients who purchase Jewelry from the Company will receive complementary repair work for any damages on your purchased items for one (1) year, so long as the damage did not result from unusual or extreme wear or use (including but not limited to loss in drain disposal, catching on something, hit on something, lost at sea, run over by car, etc. and other acts of nature or other tools of man), and in accordance with this Agreement.  The Company shall have the sole discretion to determine the extent of the damage on the Jewelry and may impose additional fees, as appropriate.  Please note that this warranty does not cover loss or theft of Jewelry, in part or in its entirety, and does not entitle Client to any replacements of center stones, regardless of how the center stones were lost, misplaced, or damaged.  This warranty also does not extend if your Jewelry has been re-sized or altered in any way by a third party without the express, written authorization of the Company. Please note that no other warranties, written or oral, will be provided under these Terms.

APPRAISALS AND INSURANCE. The Company will provide a complimentary appraisal of the Jewelry. The Client acknowledges and understands that insurance for the Jewelry is their responsibility and should be obtained as soon as possible to insure against theft, loss, or damage. The appraisal provided is for insurance replacement purposes only and does not constitute a guarantee of resale value or market valuation.

INTELLECTUAL PROPERTY RIGHTS. In respect of the design and Company branding specifically created for the Client as part of this Agreement, the Company maintains all of the copyright, and other intellectual property rights used or subsisting in the Jewelry.  The Company reserves the right to take photographs of the design and final product and Client agrees these pictures may be used for promotion, display, advertisement, internet use, or publication, unless this permission is revoked by the Client. DISCLAIMERS & RELEASE OF CLAIMS.  By purchasing or otherwise utilizing the Jewelry, the Client acknowledges that the Company is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any Jewelry purchased.  Due to the nature of jewelry design, the Company cannot guarantee that the appearance of the Jewelry will be exactly as imagined or shown through designs. Imperfections or variations may occur naturally. These characteristics are not to be viewed as damages or defects.  In no event will the Jeweler or the Company be liable to any party for any type of direct, indirect, special, incidental, or consequential damages.  You hereby release the Jeweler and the Company from any and all claims including those related to personal or business interruptions, misapplication or information, or any other loss, condition, or issue. GOOD FAITH. Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.

LIMITATION OF LIABILITY.  YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE JEWELRY. ADDITIONALLY, STACY NOLAN, LLC IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF THE STACY NOLAN, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL STACY NOLAN, LLC CUMULATIVE LIABILITY TO YOU EXCEED $100. DISPUTE RESOLUTION. 

If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in CALIFORNIA or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.

GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of CALIFORNIA, regardless of the conflict of laws principles thereof.

ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.