TERMS OF WEBSITE USE
www.nvitblanche.com is owned by NVIT BLANCHE Productions, Inc of New York.
Accessing our site
Access to Our Site is permitted on a temporary basis, and We reserve the right to withdraw or amend the services We provide on Our Site (the “Services”) without notice (see below). We will not be liable if for any reason Our site is unavailable at any time or for any period.
From time to time, We may restrict access to some parts of Our Site, or Our entire Site, to users
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of Our security procedures, you must treat such information as confidential, and you must not disclose it to any third party should we choose to restrict access to any part of Our site. We have the right to disable any user identification code or password, whether chosen by you or allocated by Us, at any time, if in Our opinion you have failed to comply with any of the provisions of these Terms and Conditions. This also applies to Our providing of Our jewelry pricing directly to you and you may not share it with any third party or post it to the Internet unless we have already done so on Our Site.
You are responsible for making all arrangements necessary for you to have access to Our Site. You are also responsible for ensuring that all persons who access Our Site through your internet connection are aware of these Terms and Conditions, and that they comply with them.
Intellectual property rights
We are the owner of all intellectual property rights in Our Site, and in the material published on it including all text, graphics, photographs, logos, artwork, data, computer code and other materials contained or displayed on Our Site (“Content”), as well as the look and feel and the design of the Site and the organization of the Content on the Site. Your use of Our Site does not grant you ownership of any Content on Our Site. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
Subject to these Terms and Conditions, you may print off images, and may download extracts, of any page(s) from Our Site for your personal reference and you may draw the attention of others to material posted on Our Site. You may also use Our content within a personal blog or other media related to informing the public about Our company.
You must not modify the paper or digital copies of any Content you have printed off or downloaded in any way, and you must not use any illustrations, photographs or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on Our Site must always be acknowledged.
You must not use any part of the Content and/or materials on Our Site for commercial purposes without obtaining a licence or written consent to do so from Us.
If you print off, copy or download any part of Our Site in breach of these Terms and Conditions, your right to use Our Site will cease immediately and you must, at Our option, return or destroy any copies of the materials you have made.
Reliance on information posted
Commentary and other materials posted on Our Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to Our Site, or by anyone who may be informed of any of its contents.
Our site changes regularly
We aim to update Our Site regularly, and may change the Content at any time. If the need arises, We may suspend access to Our Site, or close it indefinitely. Any of the material on Our Site may be out of date at any given time, and We are under no obligation to update such material.
THE CONTENT DISPLAYED ON OUR SITE IS PROVIDED WITHOUT ANY GUARANTEES, CONDITIONS OR WARRANTIES AS TO ITS ACCURACY. TO THE EXTENT PERMITTED BY LAW, WE AND THIRD PARTIES CONNECTED TO US HEREBY EXPRESSLY EXCLUDE:
ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED.
•ANY LIABILITY FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE INCURRED BY ANY USER IN CONNECTION WITH OUR SITE OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR RESULTS OF THE USE OF OUR SITE, ANY WEBSITES LINKED TO IT AND ANY MATERIALS POSTED ON IT, INCLUDING, WITHOUT LIMITATION ANY LIABILITY FOR:
LOSS OF INCOME OR REVENUE;
• LOSS OF BUSINESS;
• LOSS OF PROFITS OR CONTRACTS;
• LOSS OF ANTICIPATED SAVINGS;
• LOSS OF DATA;
• LOSS OF GOODWILL;
• WASTED MANAGEMENT OR OFFICE TIME; AND
FOR ANY OTHER LOSS OR DAMAGE OF ANY KIND, HOWEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE, PROVIDED THAT THIS CONDITION SHALL NOT PREVENT CLAIMS FOR LOSS OF OR DAMAGE TO YOUR TANGIBLE PROPERTY OR ANY OTHER CLAIMS FOR DIRECT FINANCIAL LOSS THAT ARE NOT EXCLUDED BY ANY OF THE CATEGORIES SET OUT ABOVE.
OUR SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED "AS IS" AND "AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, WE DO NOT WARRANT THAT OUR SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY CONTENT OR OTHER MATERIALS FROM OUR SITE. IF YOU ARE DISSATISFIED WITH OUR SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING OUR SITE.
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, AND EXCEPT FOR ANY PRODUCT WARRANTY OFFERED BY US OR AS OTHERWISE SPECIFICALLY SET FORTH IN A SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND US, WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE SITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH US OR OUR AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE SITE ARE PROVIDED “AS IS” EXCEPT AS EXPRESSLY OTHERWISE STATED HEREIN.
IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF US OR OUR AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS AND CONDITIONS OR YOUR USE OF OUR SITE OR ANY PRODUCT ORDERED VIA OUR SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF OUR SITE OR PURCHASE OF PRODUCTS VIA OUR SITE.
This foregoing does not affect Our liability for death or personal injury arising from Our negligence, nor Our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
All of NVIT BLANCHE’s products are guaranteed against defects for 30 days from the date of the invoice.
If a mistake in product description or pricing occurs on Our Site, We reserve the right to correct it and to refuse or cancel any orders placed for items listed at an incorrect price. Any orders placed via the Site or email are not considered accepted until We have shipped the order.
INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
TRANSACTIONS CONCLUDED THROUGH OUR SITE AND AFFILIATE NOTA BENA
The products We make available on our Site are for your personal, non-commercial use only. You may only order products if you are 18 years old or older. Certain products that you purchase on this Site may be subject to additional terms and conditions presented to you at the time of such purchase.
All Coral is FOB New York without any exceptions. We have purchased such material from our Suppliers on the express understanding it was imported legally to the United States. Because much material was imported before 2007 CITES restrictions applied individual strand importation paperwork does not exist as it was not in usage.
The Washington Convention on International Trade in Endangered Species (CITES) is an international agreement entered into force in 1975 to prevent species from becoming extinct as a result of international trade. Regulated through export and import permits, CITES applies to species whose populations may be threatened by international trade. There are approximately 5,000 species of animals and 28,000 species of plants included in the CITES three appendices. Proposals to include species in Appendices I and II are considered by the 175 CITES countries at a Conference of the Parties every two to three years. Within the last 30 years, no species that has been included in CITES has gone extinct, thus illustrating its ability to be successful.
The Regulation (CE) No. 338/97 of 9 December 1996 was implemented within the Community by legal order effective 1 January 1984 with the regulations contained in the Washington Convention of 1975. From 1 July 2008 at the request of the Chinese government species of coral from Asia (Corallium Secundum, Corallium Elatius, Corallium Japonicum and Corallium Konojoi) and were added to the third CITES Appendix. After that date, the international sales outside the European Union member states of these species is regulated under current legislation which implemented the international standards and can be downloaded from website: www.cites.org. Internal sales within the United States are not regulated by CITES restrictions which apply specifically to international trade. NVIT BLANCHE Productions, Inc. does not engage in any importation or exportation of Coral nor knowingly buy any material which is contemporaneously harvested.
Precious coral refers to roughly thirty species that belong to the Corallium and Paracorallium genera. They are found in tropical, subtropical and temperate waters in all oceans and at the depths of 10 to 5,000 meters. The coral that are used in jewelry are Corallium rubrum from the Mediterranean and North East Atlantic, and Corallium Secundum, Corallium Konojoi, Corallium Elatius, Corallium Japonicum from the Pacific.
Experts from 178 countries meeting at CITES conference in The Hague in Holland 3 to 15 June 2007 have established that coral generally is not at risk of extinction and is not among the protected species by CITES. There are not restrictions on the international trade of red coral from the scientific name "Corallium Rubrum". The coral of the Barrier Reef which is forbidden to pick is not part of the coral of family "Corallium" used in jewelry.
VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse Our Site by knowingly introducing viruses, trojans, worms, logic bombs or other Content which is malicious or technologically harmful. You must not attempt to gain unauthorised access to Our Site, the server on which Our Site is stored or any server, computer or database connected to Our Site. You must not attack Our Site via a denial-of-service attack or a distributed denial-of service attack.
You shall not: (i) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of accessing, logging-in or registering on Our Site or for any services or features offered on or through Our Site, or obtaining lists of users or obtaining or accessing other information or features on, from or through Our Site or the Services offered on or through Our Site, including, without limitation, any information residing on any server or database connected to Our Site or any Services offered on or through Our Site; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials, information or any services made available on or through Our Site through any means; (iii) use Our Site or the Services made available on or through Our Site in any manner with the intent to interrupt, damage, disable, overburden, or impair Our Site or such Services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (iv) use Our Site or Our Site’s Services or features in violation of Our or any third party’s intellectual property or other proprietary or legal rights; or (v) use Our Site or Our Site’s Services in violation of any applicable law. You further agree that you may not attempt (or encourage or support any one else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with Our Site and/or the Content, or make unauthorized use thereof. You agree that you will not use Our Site in any manner that could damage, disable, overburden, or impair Our Site or interfere with any other party's use and enjoyment of Our Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through Our Site.
In the event of such a breach, your right to use Our Site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Our Site or to your downloading of any material posted on it, or on any website linked to it.
LINKING TO OUR SITE
You may link to Our home page, provided you do so in a way that is fair and legal and does not damage Our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on Our part where none exists.
You must not establish a link from any website that is not owned by you.
Our Site must not be framed on any other site, nor may you create a link to any part of Our Site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy (please see Part II below).
If you wish to make any use of material on Our site other than that set out above, please address your request through the Contact Us page provided.
LINKS FROM OUR SITE
Where Our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
INDEMNIFICATION. You agree to defend, indemnify and hold Us, our affiliates, and their respective directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from (i) your use of Our Site or the Services, (ii) your placement or transmission of any Content or other materials through Our Site, or (iii) your breach or violation of the law or of these Terms and Conditions. We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Our defense of such claim.
JURISDICTION AND APPLICABLE LAW
This Agreement is governed by the laws of the United States and the State of New York, without regard to its conflict of law provisions. You agree that any cause of action that may arise under this Agreement will be brought in the appropriate court in New York County and you agree to submit to the personal and exclusive jurisdiction of the courts located in New York County.
NVIT BLANCHE RETURN POLICY
We hope you are delighted with your NVIT BLANCHE jewelry. If for any reason you decide not to keep your purchase, We will accept merchandise in its original condition for a full refund when accompanied by the original sales slip. Refunds may only be issued in the same form as was utilised for payment. Merchandise must be returned within 30 days from date of delivery. Please note that any associated shipping costs will not be subject to refund and that a different return policy may be applicable for in-person purchases. Before returning the item(s), you will need to contact Us. The item you return must be presented in saleable condition with the appropriate sales invoice and all original packaging and enclosures. Take care to return any certificates that accompanied the item, as neglecting to do so will render you liable for the <$250 replacement cost. We recommend shipping returned merchandise via insured parcel post for tracking purposes. We also recommend that customers request adequate insurance to cover the purchase price of the shipment. We will not assume responsibility for reimbursement or compensation in the event that return packages are lost, stolen, or mishandled. We cannot accept returns that have been worn, used, altered or damaged. We reserve the right to refuse return of any merchandise that does not meet the above return requirements according to Our sole discretion.
All prices are in US$.
At NVIT BLANCHE, We do not charge our clients for shipping and handling. We send all merchandise using Fed-Ex Insured Overnight service. Please allow 3-4 days for delivery once you have placed your order. NOTA BENA purchases are subject to shipping and handling charges.
It is very important to note that a signature will be required in order for parcels from NVIT BLANCHE to be delivered. We will email you the Fed-Ex tracking number of your parcel once it has been dispatched. Please make sure that you or someone you trust is available to sign for the package upon delivery.
International Shipping: We are unable to process online orders outside of the United States at this time; however, we are constantly striving to meet Our client’s needs and we do hope to be able to offer this option soon.
All rights not expressly granted herein are reserved. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect.
If you have any concerns about material which appears on our Site, please contact us.
Thank you for visiting Our Site.
Acceptable Use Policy
This Acceptable Use Policy sets out the terms between you and Us under which you may access Our website www.nvitblanche.com (our Site). This Acceptable Use Policy applies to all users of, and visitors to, Our Site.
Your use of Our Site means that you accept, and agree to abide by, all the policies in this Acceptable Use Policy, which supplement our Terms and Conditions set out in Part I above.
You may use Our Site only for lawful purposes. You may not use Our Site:
• In any way that breaches any applicable local, national or international law or regulation.
• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
• For the purpose of harming or attempting to harm minors in any way.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with Our Content standards.
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
• Not to reproduce, duplicate, copy or re-sell any part of Our Site in contravention of the provisions of Our Terms and Conditions set out in Part I above.
• Not to access without authority, interfere with, damage or disrupt:
• any part of Our Site;
• any equipment or network on which Our Site is stored;
• any software used in the provision of Our Site; or
• any equipment or network or software owned or used by any third party.
SUSPENSION AND TERMINATION
We will determine, in Our discretion, whether there has been a breach of this Acceptable Use Policy through your use of Our Site. When a breach of this policy has occurred, We may take such action as We deem appropriate.
Failure to comply with this Acceptable Use Policy constitutes a material breach of the Terms and Conditions (please see Part I above) upon which you are permitted to use Our Site, and may result in Our taking all or any of the following actions:
• Immediate, temporary or permanent withdrawal of your right to use Our Site.
• Immediate, temporary or permanent removal of any posting or material uploaded by you to Our Site.
• Issue of a warning to you.
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
• Further legal action against you.
• Disclosure of such information to law enforcement authorities as We reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and We may take any other action We reasonably deem appropriate.
CHANGES TO THE ACCEPTABLE USE POLICY
We may revise this acceptable use policy at any time by amending this page and such change(s) shall be effective upon posting on Our Site. You are expected to check this page from time to time to take notice of any changes.