Terms and Condition of Sale
The following terms and conditions and any other related rules that are adopted by Prince Dimitri Jewelry, llc and made available as provided herein (collectively, the “Conditions of Sale”) shall apply to all sales of products that you (the “Customer” or “you”) may order from Prince Dimitri Jewelry, llc, a corporation organized and existing under the laws of New York and having its corporate headquarters at 400 East 52nd Street, 8D, New York, NY 10022, U.S.A. (“Prince Dimitri Jewelry, llc”, or referred to herein as “us”, “our” or “we”) on the Internet via the Prince Dimitri Jewelry, llc website, identified by the domain name www.princedimitri.com, and any associated mobile or digital applications that refer to these Conditions of Sale (together, the “Platform”) or via the client relations center of Prince Dimitri Jewelry, llc (the “Client Relations Center”) by e-mail at firstname.lastname@example.org.
These Conditions of Sale apply only to sales made through the Platform or by e-mail directly through the Client Relations Center by individuals who are citizens of, or residents living in, the continental United States of America, Alaska, Hawaii or the District of Columbia at the time of placing the order. The Conditions of Sale applicable to any order placed through the Client Relations Center or the Platform are those in force at the time that an order has been placed on your behalf by a Prince Dimitri Jewelry Representative (in the case of an order placed through the Client Relations Center) or at the time you place your order (in the case of an order placed through the Platform). In the case of an order placed through the Platform, when you check the “I have read and I accept the Conditions of Sale” box at the payment section of the Platform before placing your order with Prince Dimitri Jewelry, llc, you indicate your acceptance of these Conditions of Sale. If you refuse to accept these Conditions of Sale, you will not be able to order any Prince Dimitri Jewelry products from the Platform or the Client Relations Center. Sales conducted through the Prince Dimitri Jewelry, llc retail studio and/or authorized retailers are not subject to these Conditions of Sale.
2. PURCHASING ELIGIBILITY
Only individuals (and not legal entities) who (a) have reached the age of majority (eighteen in most states), (b) have legal capacity to enter into contracts and (c) are citizens of or residents living in the continental United States of America, Alaska, Hawaii or the District of Columbia may order products through the Client Relations Center or on the Platform. If you are under the age of majority or otherwise cannot lawfully enter into a contract, you must have your parent or guardian place an order on your behalf and thereby assent to these Conditions of Sale. Any orders placed in violation of this provision shall be null and void.
By placing an order through the Client Relations Center or on the Platform, you represent and warrant that you are a bona fide end-user customer and will not deliver, sell or otherwise distribute Prince Dimitri Jewelry, llc products or purchase Prince Dimitri Jewelry, llc products for commercial purposes or any other commercial benefit.
3. PRODUCT AVAILABILITY; QUANTITY
All orders placed through on the Platform are subject to availability and acceptance by Prince Dimitri Jewelry, llc. We reserve the right to change the assortment of items offered on the Platform or through the Client Relations Center, and may limit from time to time the quantity of Prince Dimitri Jewelry, llc products that may be ordered by a Customer in a single buying session, without prior notice. Prince Dimitri Jewelry, llc further reserves the right to refuse at any moment in time, without prior notice, orders exceeding a certain number of authorized products. Currently, orders may not exceed six (6) products in any buying session on the Platform or through the Client Relations Center.
The Client Relations Center and the product pages on the Platform can provide you with information regarding products that are currently available for sale through those channels. Please note that only merchandise displaying an “Add to Shopping Bag” icon is available for sale through the Platform.
4. ACCOUNT REGISTRATION; PERSONAL INFORMATION; GUEST CHECKOUT
In order to place an order on the Platform, you or the Prince Dimitri Jewelry Representative (on your behalf) must register and create an online account on the Platform. You will be required to provide valid and up-to-date personal information, such as your legal name, phone number and e-mail address, and to confirm that you have reached the age of majority.
Upon completion of your account registration on the Platform or by the Prince Dimitri Jewelry Representative, you will receive by email a one-time password, which will allow you to log in to your account on the Platform and create a permanent account login and password. You will also receive a second email summarizing the personal information you provided in registering for your online account. You are responsible for ensuring that your password and account login are kept secret, safe and secure at all times. Prince Dimitri Jewelry, llc will not be held responsible or liable for any misuse of your account in connection with, and/or resulting from, a third party’s access to and use of your password and account login.
When placing an order on the Platform you will be required to provide other personal information as applicable, such as shipping address, billing address and payment details. Additional information may be collected by Prince Dimitri Jewelry, llc or its third party providers at this time for security and anti-fraud purposes.
You represent and warrant that the personal information you provide to the Client Relations Center or via the Platform is true, valid, complete and up-to-date in all respects, and you confirm that you are the person referred to in the shipping (unless the item is a gift) and billing information provided.
Should any of the information you provide to the Client Relations Center or on the Platform change, please log in to your account and update such information directly on the Platform.
If you are ordering on the Platform, orders will be processed as follows: Once you have chosen a product, click on the “Add to Shopping Bag” icon to place this product in your shopping bag. You may then decide to continue shopping for other products and add them to your shopping bag (subject to availability and quantity limits) or proceed to “Checkout” by clicking on this button. You may also remove one or several products you have selected by clicking on “X” next to the chosen product in the Shopping Bag. Once on the payment page, review your order details and personal information (including email, shipping address, billing address and payment information), check the box next to “I have read and I accept the Conditions of Sale”. Then, click on “Pay Now” to place your order.
Notwithstanding anything to the contrary provided for herein, Prince Dimitri Jewelry, llc reserves the right to refuse, cancel and terminate orders at any moment in time. For example, Prince Dimitri Jewelry, llc may refuse, terminate or cancel your order if there is an ongoing dispute concerning payment of a prior order or if Prince Dimitri Jewelry, llc suspects, in its sole discretion, that you have engaged in fraudulent or grey market activities or have otherwise violated these Conditions of Sale.
6. PRICES, TAX AND SHIPPING COSTS
All prices shown on the product pages of the Platform or quoted by the Client Relations Center are in U.S. Dollars.
Prince Dimitri Jewelry, llc reserves the right to modify prices and delivery costs at any time without prior notice.
Actual shipping costs and applicable taxes will be reflected on your payment page before you are asked to confirm and place your order (in the case of a Platform order) and will also be reflected in the Confirmation of Order. Delivery costs, if any, are described in the shipping policy set forth below. Sales and use taxes will vary based on the location to which products are being shipped. Delivery costs and estimated sales and use taxes are not stated on the product pages but will be added to the product price, if applicable, after you have chosen your delivery location and options.
The actual sales tax associated with your purchase will be calculated at the time when your order is to be shipped, at which point you will receive a Confirmation of Order. Please note that changes to applicable law between the date your order is placed and the date you are sent a Confirmation of Order may result in changes to the sales tax associated with your purchase. If the resulting change is an increase in the sales tax you are charged, we will contact you and ask that you reconfirm your purchase.
7. PAYMENT BY CREDIT CARD
Prince Dimitri Jewelry, llc accepts the following credit cards: Visa, MasterCard, American Express, and Discover.
When ordering on the Platform, you will need to enter your payment details on the appropriate form. In the case of an order placed by e-mail, you will need to communicate to the Client Relations Center your credit/debit card number
and your three- or four- digit security code that is printed on the back or the front of your card (CVV2 / CVC2 / CID).
Your e-mail conversation will be retained for security and quality control purposes.
All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to Prince Dimitri Jewelry, llc, you will need to contact your card issuer directly to solve this problem, and Prince Dimitri Jewelry, llc will not be liable for any delay or non-delivery.
In order to process your order, we may perform security checks on your credit card. The full amount of your purchase will be blocked on your credit card until your order is approved by Prince Dimitri Jewelry, llc, and your credit card will be charged the applicable purchase price once your order has shipped. By submitting an offer to purchase Prince Dimitri Jewelry, llc products on the Platform or through the Client Relations Center, you expressly authorize Prince Dimitri Jewelry, llc to perform such security checks, where Prince Dimitri Jewelry, llc deems necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit-card number, to authenticate your identity, to validate your credit card, to obtain a credit card authorization and to authorize individual purchase transactions.
Prince Dimitri Jewelry, llc is prohibited under U.S. law from making sales of its goods to individuals or companies designated on the Office of Foreign Assets Controls (“OFAC”) Specially Designated Nationals (“SDN”) List, or to country destinations sanctioned by the U.S. Any such transactions will be declined.
8. PAYMENT BY PAYPAL
You may also pay by using PayPal, as indicated on the Platform.
9. PAYMENT BY WIRE TRANSFER
We accept bank wire transfer as payment for orders placed. We do not charge a fee for bank wire transfers for orders made through the Platform; however, your financial institution may charge a fee for using your bank to process the bank wire transfer. Prince Dimitri Jewelry, llc will not be responsible for any bank fee(s) charged by your bank to process the bank wire transfer. We require that all bank wire transfer orders placed by telephone be confirmed through an order approval process. We may acknowledge a bank wire transfer order, but the order will not be processed until the payment has been received, credited into our bank account and confirmed by Prince Dimitri Jewelry, llc with an e-mail. If your wire transfer payment is not credited into our bank account within fourteen (14) days after you have placed your order, your order will be cancelled.
10. REVIEW AND CONFIRMATION
You should carefully check and confirm all details on the payment page before placing your order through the Platform, including without limitation the particulars of each sale. In the case of an order being placed through the Client Relations Center, the Prince Dimitri Jewelry Representative may ask you to confirm the details of your order.
11. ACKNOWLEDGMENT OF ORDER
Once you have made your choice and your order has been placed on the Platform, you will receive an Acknowledgment of Order by email, acknowledging the details of your order. This Acknowledgment of Order will contain an Order Reference Number assigned by Prince Dimitri Jewelry, llc. Please make sure that you save this Order Reference Number for any future enquiries regarding your order. This Acknowledgment of Order is not an acceptance of your order. Following the transmission of the Acknowledgment of Order, Prince Dimitri Jewelry, llc will conduct its usual credit, anti-fraud, security and related legal checks and, if acceptable, will then process your order.
These Conditions of Sale will be provided to you with the Acknowledgement of Order through either email link or pdf. Please carefully review these Conditions of Sale upon receipt.
12. CONFIRMATION OF ORDER
Upon shipment of your order, following completion by Prince Dimitri Jewelry, llc of its anti-fraud, security and related legal checks, Prince Dimitri Jewelry, llc will send you by email a written Confirmation of Order. The written Confirmation of Order constitutes the acceptance of your order by Prince Dimitri Jewelry, llc and indicates the existence of a binding sales contract.
13. PROOF OF AGREEMENT
The Acknowledgement of Order and Confirmation of Order that are sent to you by email are deemed to be received when you are able to access them on your computer, mobile or handheld device.
The Confirmation of Order and any automatic recording systems used by the Client Relations Center or the Platform will be proof of a binding agreement between you and Prince Dimitri Jewelry, llc.
14. COMPLIMENTARY SERVICES
The following complimentary services may be offered, free of charge, on the Platform or by the Client Relations Center Representative.
14.1. Gift wrap, Prince Dimitri bag, and Prince Dimitri special packaging
All packages are delivered with a Prince Dimitri Jewelry pouch or special Prince Dimitri Jewelry packaging (where applicable). If the item of jewelry is specified to be a gift with gift wrapping requested the Prince Dimitri Jewelry will be in the appropriate pouch or packaging that is then gift wrapped.
14.2. Gift note
You may personalize your order by adding a personalized note that will be printed by a Prince Dimitri Representative on a gift card for each product to be included in your order package. Prince Dimitri Jewelry, llc reserves the right to reject gift card notes it deems offensive or inappropriate to be sent on Prince Dimitri Jewelry-logo stationery.
Both Hand Engraving and Laser Engraving may be available on specific models of jewelry. Laser Engraving service may be offered complimentary on specific applicable products but otherwise for Hand Engraving a charge consistent with the number of characters and placement offered can be quoted. If you wish to have your applicable Prince Dimitri Jewelry product engraved, please provide the details on the Platform or to the Prince Dimitri Representative at time of the order. Engraved products cannot be returned to Prince Dimitri Jewelry, llc for exchange or refund.
14.4. Leather Cord Bracelet or Leather Cord Necklace Replacement
Leather Cord replacement is available and free of charge on most Prince Dimitri Jewelry of Bracelet and Necklace models that originated with Leather Cord.
15. SHIPPING POLICY
We only accept orders for delivery to addresses in the continental United States, Alaska, Hawaii and the District of Columbia. Please note that Prince Dimitri Jewelry, llc does not ship to PO boxes, APO/FPO addresses or hotels.
We will use reasonable efforts to ensure the following estimated delivery lead times from the date of your Confirmation of Order.
Delivery Lead Time
|Charge to Customer|
|Ground Service||FedEx||One (1) to Four (4) Business Days for most locations in the continental U.S.*
(subject to stock availability)
(Service not available for delivery in all areas of Alaska and Hawaii)
|One (1) to Two (2) Business Days for Delivery*
(subject to stock availability)
|Any item(s) sold < $1,000.00 is a fee of $35.00 to anywhere in the continental U.S.
Any item sold > $1000.00 is free to anywhere in the continental U.S.
(Service not available for delivery in all areas of Alaska and Hawaii)
|Overnight to most locations in the continental U.S.||Contact email@example.com for fee structure and to set up the Priority Service delivery.|
*Saturday and U.S. federal holidays will not be considered as regular ‘Business Days’ with respect to estimated delivery lead time. Delivery on Saturday may however be proposed as a service to specific zip codes by the Client Relations Center. Saturday Delivery Service as well as Express or Priority shipping may incur more specific charges. Please contact the Client Relations Center (firstname.lastname@example.org) for more specific information.
When estimating package delivery time, please allow time for credit approval, address verification and order processing. Once the order is processed and ready for shipment, we will send you the Confirmation of Order by email.
When ordering on the Platform or through the Client Relations Center, you will receive an email notification with the tracking information related to the delivery of goods.
Each delivery package will contain, in addition to your purchased Prince Dimitri Jewelry product: (i) all related accessories, if any; (ii) printed gift note(s) containing your message, if so requested by you when you place your order;
(iii) the pre-paid return label and (iv) the packing slip without price.
When ordering products on the Platform or Client Relations Center, you will receive an invoice that will be sent to your email address.
Prince Dimitri Jewelry, llc insures each purchase during the time it is in transit until it is delivered to you. We require a signature by an adult to confirm your acceptance of each Prince Dimitri Jewelry product delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you understand and accept that evidence of a signature by such recipient (or at that delivery address by an adult) is evidence of delivery and fulfillment of the sale contract by Prince Dimitri Jewelry, llc and transfer of responsibility to the recipient in the same way as if the product had been delivered to you.
16. RETURN POLICY
In order to ensure your total satisfaction, a Customer or a recipient of a gift of Prince Dimitri Jewelry products (a “Gift Recipient”) may return Prince Dimitri Jewelry products in accordance with the return and exchange policy set forth below. Returns of Prince Dimitri Jewelry products that are not in compliance with the conditions and timeframes set forth below may be rejected by Prince Dimitri Jewelry, llc and will be sent back to the Customer or Gift Recipient, as the case may be.
16.1. Return Period
Prince Dimitri Jewelry creations, purchased through the Prince Dimitri Jewelry, llc may be exchanged or returned for a refund or merchandise credit within fourteen (14) days following delivery. Please allow up to fourteen (14) business days for full refund, if applicable. Merchandise must be presented in its original packaging and accompanied by the appropriate sales receipt. Engraved, special order, personalized, made to order creations and items that show sign of wear cannot be exchanged or returned. All returns and exchanges are subject to the further terms and conditions set forth below.
16.2. Return Process
Products that have been purchased on the Platform or through the Client Relations Center may be returned to Prince Dimitri Jewelry, llc at the following address (for refund or exchange or merchandise credit):
400 East 52nd Street, 8D,
New York, NY 10022
Products that have not been purchased on the Platform or through the Client Relations Center may NOT be returned to the Prince Dimitri Jewelry, llc.
If a Customer or Gift Recipient wishes to return a product to the Prince Dimitri Jewelry, llc., then such person must comply with the following steps:
i) Contact the Client Relations Center at email@example.com to request a Return Authorization Number (RAN). This number is required prior to returning any product to Prince Dimitri Jewelry, llc that was originally purchased from Prince Dimitri Jewelry, llc by Internet or through the Client Relations Center.
ii) Fill out the required information, list the applicable Return Authorization Number (RAN) on the return/exchange form,
iii) Include the completed return/exchange form with the product, all its accessories, the User Guide and all other documents, in its original pouch and or jewelry delivery package,
iv) Seal the item in a new Federal Express delivery box(s) or in a new set of secure delivery box(s) in the same packing manner, double boxed, that you received it and affix the pre-paid delivery label to the outside box,
v) Bring the package to any FedEx shipping location (not a drop box) or call FedEx to arrange pick-up, request a receipt when Federal Express receives the package.
Should the Customer or Gift Recipient decide to return a purchased item within the 14-day period, Prince Dimitri Jewelry, llc and the Customer or Gift Recipient, as the case may be, agree that Prince Dimitri Jewelry, llc maintains a special interest in the merchandise and will therefore purchase insurance while in transit on the returned merchandise. Prince Dimitri Jewelry, llc is under no obligation to do so but will take this initiative for the Customer’s or Gift Recipient’s convenience.
The Customer or Gift Recipient, as the case may be, must keep a receipt for proof of return shipment and the FedEx tracking number, and Prince Dimitri Jewelry, llc accepts no liability in the event that such proof cannot be produced. Only merchandise received by the Prince Dimitri Jewelry, llc will be eligible for a refund or exchange or merchandise credit.
Upon receiving a return, Prince Dimitri Jewelry, llc will verify that the returned product satisfies the conditions of the return policy and, if so, then proceed with the applicable refund or exchange or merchandise credit.
16.3. Conditions to Return a Product
Prince Dimitri Jewelry products must be returned in a new and unused state, in perfect condition, with all protective materials in place and tags and stickers attached to them (if applicable), as well as with the original Prince Dimitri Jewelry pouch and / or box and delivery package, including all accessories and documents, as applicable. Prince Dimitri Jewelry, llc will not accept any return if the product shows signs of wear, or has been used or altered from its original condition in any way.
Engraved products, as well as special order, personalized and made-to-order creations, cannot be returned to Prince Dimitri Jewelry, llc for exchange, merchandise credit or refund.
All returns will be subject to strict Quality Control (QC) by Prince Dimitri Jewelry, llc to ensure that the returned products satisfy these requirements. If the products do not meet QC standards, Prince Dimitri Jewelry, llc will refuse the return, and the products will be sent back to the Customer or the Gift Recipient, as applicable. If the returned product satisfies Quality Control (QC), Prince Dimitri Jewelry, llc will proceed with the applicable refund or exchange or merchandise credit.
16.4. Refunds and Merchandise Credit
Should a product be returned to Prince Dimitri Jewelry, llc by the Customer or the Gift Recipient, and all Conditions of Return comply with the return policy a Customer is entitled to receive a refund or a Customer is entitled to receive a merchandise credit. Please allow up to fourteen (14) business days for full refund, if applicable.
If a product is returned to Prince Dimitri Jewelry, llc by the Customer or the Gift Recipient and all Conditions of Return comply with the return policy, under no circumstance may a Gift Recipient receive a refund.
If a product is returned to Prince Dimitri Jewelry, llc by the Customer or Gift Recipient and all Conditions of Return comply with the return policy and you as the Customer declines both the refund or merchandise credit on their own account then this allows for the Customer’s Gift Recipient to receive a merchandise credit. The Gift Recipient may then use the merchandise credit towards the purchase of an item of jewelry at Prince Dimitri Jewelry, llc of equal or of greater value for the merchandise credit to be applied towards.
If a Customer’s return complies with the return policy, Prince Dimitri Jewelry, LLC will use reasonable efforts to credit the refund to the Customer’s credit card or PayPal account no later than fourteen (14) days after receipt of the returned item by Prince Dimitri Jewelry, LLC. Except for delivery of a defective product, initial shipping charges will not be refunded to the Customer.
Customers and Gift Recipients may be permitted to exchange a product purchased on the Platform or by e-mail through the Client Relations Center for another Prince Dimitri Jewelry, llc product if the product to be exchanged satisfies the conditions of the return policy and is returned within fourteen (14) days following delivery.
Prince Dimitri Jewelry, llc will send an invoice as a .pdf attachment to the Customer’s email address, which specifies the value of the returned product, the price of the item for which the original product has been exchanged and the difference to be paid by the Customer or the amount that the Customer is entitled to receive, as indicated below.
Should a product be returned for exchange to Prince Dimitri Jewelry, llc by a Customer or Gift Recipient, only the Customer will be entitled to receive a refund of the price difference if the returned product is more expensive than the exchanged Prince Dimitri Jewelry, llc product. If the returned product is less expensive than the exchanged item, the Gift Recipient will be charged the difference in price.
Should a product be returned for exchange to Prince Dimitri Jewelry, llc, either the Customer or Gift Recipient will be entitled to receive merchandise credit of the price difference, in case the original product is more expensive than the item to be received in the exchange. If the returned product is less expensive than the exchanged item, the Customer or Gift Recipient will be charged the difference in price.
16.6. Defective products
Prince Dimitri Jewelry, llc is extremely cautious in ensuring that each product strictly complies with our quality criteria and that it has passed all our controls, both technical and aesthetic.
If nevertheless you receive a product that seems to be damaged, you may return it to Prince Dimitri Jewelry, llc in accordance with the return policy. Upon receipt, Prince Dimitri Jewelry, llc may classify the returned product as a defective product. Please note that items that are damaged as a result of wear and tear are not considered to be defective.
If your product is declared as defective by Prince Dimitri Jewelry, llc, the following solutions will be proposed to the Customer or the Gift Recipient, as applicable:
i) Prince Dimitri Jewelry, llc may send you the same product in the exact same size, subject to availability,
ii) Prince Dimitri Jewelry, llc may propose an exchange for another Prince Dimitri Jewelry creation of equivalent or higher value, in which case the initial price will be deducted and you will be required to pay only the difference, or
Only you, as the Customer, may request a refund of the full price of your initial purchase.
For any repair inquiries, please contact our Client Relations Center by emailing firstname.lastname@example.org
If you purchase a Prince Dimitri Jewelry product as a gift for a Gift Recipient, you will receive an invoice to your email address as a .pdf attachment (Prince Dimitri Jewelry, llc will never send the invoice and payment details to the Gift Recipient).
19. PRODUCT DESCRIPTIONS
We try to ensure that the information, including product descriptions, dimensions, and colors, provided on the Platform, in advertisements or catalogues or as provided by the Client Relations Center is accurate and complete. However, we make no guarantees, whether express or implied, in relation to the accuracy, reliability and completeness of such information.
20. LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, we disclaim and exclude all other terms, conditions and warranties in relation to the products and any orders placed through the Platform or Customer Relations Center, whether expressed or implied by statue or otherwise arising from any other course of previous dealing or usage of trade practice.
Nothing in these Conditions of Sales limits or excludes our liability or limit of liability which cannot be limited or excluded by applicable law. Subject to the preceding sentence, our aggregated liability to you under these Conditions of Sale for any order whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages shall in no event exceed the one hundred percent (100%) of the price of the product(s) in your order.
Please note that in some jurisdictions including the state of New Jersey, USA, consumer protection laws do not allow certain exclusions or limitation of warranties or liabilities and consequently some of the above exclusions and limitations do not apply.
21. GENERAL PROVISIONS
If any provision, or part of a provision, of these Conditions of Sale is deemed to be illegal, invalid or unenforceable, the remainder of the provisions of these Conditions of Sale shall be unaffected and shall continue to be fully valid, binding and enforceable.
These Conditions of Sale (and associated terms incorporated by reference) constitute the entire agreement between you and us in relation to the order of products or services, and replace and extinguish all prior agreements, draft agreements, arrangements, undertakings, or collateral contracts of any nature made by the parties, whether oral or written, in relation to such subject matter.
We are not responsible for any failure or delay in performing or complying with our obligations under these Conditions of Sale which arises from any cause beyond our reasonable control.
The waiver by us of a breach of any provision of these Conditions of Sale will not operate to be interpreted as a waiver of any other or subsequent breach.
This contract is between us and you. No other person shall have any rights to enforce any of its terms. However, if you purchase a product as a gift, the recipient of your gift will have the benefit of the applicable Prince Dimitri Jewelry, llc Guarantee.
22. GOVERNING LAW; AGREEMENT TO ARBITRATION OF CLAIMS
These Conditions of Sale shall be governed by and construed in accordance with the Federal Arbitration Act and, where applicable, the laws of the State of New York, without reference to conflict of law’s provisions. Any dispute, controversy or claim arising out of or related to the Conditions of Sale, including the validity, invalidity, breach or termination of the Conditions of Sale, or to any product purchased from Prince Dimitri Jewelry, llc through the Platform or Client Relations Center, will be resolved by binding arbitration, rather than in court, except that a consumer or Prince Dimitri Jewelry, llc may assert claims in small claims court if such claims qualify. You understand and agree that you are waiving your right to sue or go to court to defend your rights, including to a trial by jury, under these Conditions of Sale. In addition, you and Prince Dimitri Jewelry, llc understand and agree that the parties will pursue any dispute on an individual basis. The arbitrator is empowered to resolve the dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other consumer. You and Prince Dimitri Jewelry, llc agree that each may not bring a claim against the other as part of any class action, class arbitration, or other representative proceeding. The arbitration will be conducted in New York, New York, by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1.800.778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.
Before bringing any dispute in arbitration, you and Prince Dimitri Jewelry, llc agree that you will first notify the other party and make reasonable efforts for a period of thirty (30) days to resolve amicably any dispute or failure to agree that may arise out of or relate to the product, the Conditions of Sale or any potential or alleged breach thereof. This requirement is a pre-condition, and no claim shall be filed in arbitration (or small claims court) until this provision is first met.
DATE: December 5, 2019