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:

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 Jeweler a non-refundable deposit to begin the design process.  This deposit will be applied towards the full price of the Jewelry.
6. 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 and the Jeweler may provide up to two (2) revisions.
7. 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 and the Jeweler may provide up to two (2) revisions.
8. Within fourteen (14) days Client will approve of the final design, time of delivery, and payment schedule in writing via email.
9. Should Client decline to proceed with the Jewelry, the non-refundable deposit is forfeited and may not be applied towards another product or service.

1. The Company offers several delivery options to Customers as outlined below.
2. For Delivery: The Jeweler 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 Jeweler 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 Jeweler’s place of business within ninety (90) days or Client forfeits the Jewelry and the Jeweler reserves the right to sell to other customers.

1. 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 Jeweler 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. 

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

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 a full refund, 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 refund 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

INTELLECTUAL PROPERTY RIGHTS. In respect of the design and Company branding specifically created for the Client as part of this Agreement, the Jeweler maintains all of the copyright, and other intellectual property rights used or subsisting in the Jewelry.  The Jeweler 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 Jeweler 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 Jeweler 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.