Greetings and welcome to PrestigioJewelers.com, hereafter referred to as "the Site." These Terms of Use, hereby referred to as "the Agreement," establish a legally binding relationship between you and Prestigio Jewelers, along with its affiliates, collectively referred to as "Company," "we," "our," or "us." This Agreement governs your utilization of the Site, which is offered as a service to our valued customers. Please carefully review the subsequent terms and conditions of usage, including an Arbitration Agreement, which regulate your interaction with the Site.
By using the Site, you implicitly consent to abide by and be bound by this Agreement. Additionally, you acknowledge and accept our practices related to the collection, utilization, and disclosure of information, as elucidated in our Privacy Policy. We reserve the right to update or amend this Agreement at any juncture without prior notification. Consequently, we strongly encourage you to view this Agreement each time you engage with the Site. If you do not concur with this Agreement, we kindly request that you refrain from using the Site.
Unless otherwise specified, the Site and its contents are tailored for the promotion of Company’s products and services available within the United States. The Site is administered and operated by Prestigio Jewelers from its offices located in Lodi, California.
Greetings and welcome to PrestigioJewelers.com, hereafter referred to as "the Site." These Terms of Use, hereby referred to as "the Agreement," establish a legally binding relationship between you and Prestigio Jewelers, along with its affiliates, collectively referred to as "Company," "we," "our," or "us." This Agreement governs your utilization of the Site, which is offered as a service to our valued customers. Please carefully review the subsequent terms and conditions of usage, including an Arbitration Agreement, which regulate your interaction with the Site.
"The Site encompasses (I) materials and various elements pertaining to the Company, its products, and services, as well as similar content from our licensors and other third parties. This includes, but is not limited to, the arrangement, information, databases, articles, posts, text, data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the overall appearance of the Site, and the compilation, organization, and presentation of Site materials, including any copyrightable material; (ii) trademarks, logos, trade names, trade dress, service marks, and trade identities belonging to various entities, including the Company; and (iii) other manifestations of intellectual property (collectively referred to as "Content"). All ownership, rights, and interests associated with the Site and its Content belong to the Company, our licensors, or specific third parties, and are safeguarded by U.S. and international copyright, trademark, trade dress, patent, and other intellectual property laws, as well as regulations governing unfair competition, to the utmost extent permitted by law."
"The Site and its Contents are exclusively intended for personal, non-commercial purposes. Provided that you strictly adhere to this Agreement, the Company grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download, display, view, or utilize the Contents and other downloadable materials exhibited on the Site solely for your personal use. This limited license (I) does not confer upon you any ownership rights or other intellectual property interests in any Content; and (ii) may be revoked or terminated at the Company’s discretion, for any reason, without prior notice or liability. Reproduction (except as previously mentioned), publication, transmission, distribution, display, alteration, creation of derivative works, sale, or any form of exploitation of the Contents or the Site is strictly prohibited. Unauthorized use of the Content may constitute a violation of copyright, trademark, privacy, publicity, communication, and other applicable laws, potentially resulting in personal liability, including criminal consequences."
Certain functionalities of the Site may necessitate the creation of an account. When you register an account, you agree to the following:
(I) Furnish accurate, up-to-date, and complete information.
(ii) Continuously maintain and update this information to ensure its accuracy and completeness.
(iii) Safeguard your account to prevent unauthorized access.
(iv) Refrain from transferring or sharing your account with any third party.
(v) Promptly inform us of any suspected or confirmed unauthorized use of your account or security breaches.
Kindly note that you bear sole responsibility for all activities occurring under your account, whether or not you authorized those activities. We assume no liability for any losses or damages incurred by you or any third party due to your failure to adhere to the aforementioned obligations.
You must be at least eighteen (18) years old to use the Site. Furthermore, you are prohibited from:
(I) Employing the Site or Content for political or commercial purposes.
(ii) Engaging in any activities related to the Site or Content that are illegal, harmful, offensive, sexually explicit, obscene, violent, threatening, harassing, abusive, misrepresentative of your identity, invasive of someone else's privacy, or otherwise objectionable to the Company.
(iii) Extracting information from the Site or Content.
(iv) Attempting to reverse engineer or modify the Site or Content.
(v) Disrupting the proper functioning of the Site or any security measures employed by it.
(vi) Violating the intellectual property or other rights of third parties.
(vii) Using the Site or Content in a way that implies an unauthorized association or exceeds the scope of the limited license granted to you.
(viii) Otherwise contravening the terms of this Agreement.
You commit to complying with all applicable local, state, federal, national, international, and foreign laws, regulations, treaties, ordinances, directives, and agreements in relation to your utilization of the Site and Content.
Prestigio Jewelers reserves the right to suspend or terminate access to the Site and Content, either in part or in full, for any user or all users, at its sole discretion and without prior notice or liability. If your access to the Site is suspended, terminated, and or upon receiving notice from the Company, all rights granted to you under this Agreement will be immediately revoked. You agree to promptly discontinue use of the Site.
Prestigio Jewelers and its licensors, as well as other third parties, reserve all rights not explicitly granted to you. No right or license should be inferred, whether through implication, estoppel, industry practice, or any other legal theory. Any unauthorized utilization of the Content or the Site for any purpose is strictly forbidden
Information provided on our Site might include typographical errors, inaccuracies, or omissions concerning product descriptions, pricing, promotions, offers, and availability. We maintain the right to rectify any such errors, inaccuracies, or omissions. Additionally, we may modify or update information, or even cancel orders, if any information on the Site proves to be inaccurate at any time, without prior notice, even after you have placed your order.
Prestigio Jewelers is delighted to receive your feedback on our products and services. We highly value your input; however, we regret to inform you that we cannot accept or review any unsolicited creative concepts, suggestions, proposals, plans, or other materials ("Proposals") unless specifically requested by us. This policy is in place to prevent potential misunderstandings in the future, especially when our own projects, developed by our employees and agents, might appear similar to unsolicited Proposals.
Therefore, we kindly request that you refrain from sending unsolicited Proposals to Prestigio Jewelers via any communication channel.
If you submit certain specific materials at our explicit request (e.g., contest entries, customer reviews, or photographs), or if you independently send creative ideas, suggestions, customer reviews, photographs, proposals, plans, or other materials, whether through online means, email, postal mail, or otherwise ("Comments"), you grant us a non-exclusive, unrestricted, unconditional, worldwide, irrevocable, perpetual, transferable, and royalty-free right and license to use, store, display, reproduce, modify, adapt, edit, combine with other materials, publish, distribute, create derivative works from, promote, exhibit, broadcast, syndicate, sublicense (including to third-party media channels, platforms, and distributors), publicly perform, publicly display, and otherwise utilize your Comments in any manner and for any purpose in all formats, through any means or medium now known or developed in the future, with any technology or devices, and for advertising, marketing, and promotional activities.
Please note that Prestigio Jewelers, including its affiliates like J.B. Bubica Inc & Prestigio Jewelers Inc, has no obligation to (1) keep Comments confidential; (2) provide compensation for Comments; or (3) respond to Comments. We do retain the right, not the obligation, to monitor, edit, or remove any Comments.
By submitting Comments, you affirm that they do not violate the rights of any third party, including copyrights, trademarks, privacy, or other personal or proprietary rights. You also confirm that your Comments are free from libelous, unlawful, abusive, or obscene content, as well as any computer viruses or malware that could disrupt the Site's operation. It is essential to use a valid email address, accurately represent yourself, and refrain from misleading Company or third parties regarding the origin of any Comments. You are solely responsible for the accuracy and content of your Comments. Prestigio Jewelers assumes no responsibility and accepts no liability for any Comments posted by you or any third party.
Your submission of personal information through the Site is governed by our privacy policy, which can be seen on the "Privacy Policy" link in the footer section of the Site (the "Privacy Policy"). This Agreement incorporates by reference the terms and conditions of the Privacy Policy.
Prestigio Jewelers holds a deep respect for intellectual property rights. If you believe that your copyrighted work has been used in a manner that constitutes copyright infringement, please provide the following written information:
1. An electronic or physical signature of the person authorized to act on behalf of the copyright owner.
2. A description of the copyrighted work that has allegedly been infringed.
3. Details specifying the location of the material you claim is infringing on the site.
4. Your contact information, including address, telephone number, and email address.
5. A statement from you indicating that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
6. A statement, made under penalty of perjury, asserting that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
To report claims of copyright infringement on the Site, please contact Prestigio Jewelers' Copyright Agent at the following address:
Mail:
Prestigio Jewelers
Legal Notice
P.O. Box 1387
Lodi, CA 95240
Kindly note that this contact information is exclusively for reporting copyright infringement claims. For all other inquiries, you can find contact information elsewhere on the Site.
We will handle notifications of alleged copyright infringement in accordance with the Digital Millennium Copyright Act, 17 U.S.C. § 512.
Many products displayed on the Site are available in our stores in California.
Certain products may be exclusively available online through the Site. These products could have limited quantities and are subject to return and or exchange only through the Site according to the applicable return policy. We strive to display the colors and styles of our products as accurately as possible on the Site. We cannot guarantee the product specifications including colors and style to be complete, current and error proof when displaying on your computer and or mobile device. Company shall have the right to refuse or cancel any orders in its sole discretion if any inaccuracies relating to pricing and product specifications occur.
If your credit card and or other account is charged prior to our cancellation, we will issue a credit to your account in the amount that was charged. If a product or service you purchased from Prestigio Jewelers is not as described, your only means is to cancel the purchase and receive a credit for the purchase price.
All physical products purchased from the Site are made in accordance to a shipment contract. Therefore, the risk of loss passes on to you upon transferring the item(s) to the delivery carrier.
Listing prices are subject to change, in our stores or online. The online price may not represent the price in effect in our stores or vice versa. The prices in our store or online do not represent prices elsewhere in the market on any particular day or in every location.
The Site may provide functionalities accessible through your wireless device, enabling you to access its features. By utilizing the Site, you consent to Company collecting information as outlined in our Privacy Policy, encompassing data associated with your usage of the Site via your wireless device. Additionally, please be aware that Prestigio Jewelers may adjust or modify the settings on your device to facilitate or enhance your Site experience. It's important to note that data rates and other carrier fees may be applicable.
Emails: You have the option to unsubscribe from certain promotional emails sent by us at any time. You can do this by simply following the instructions provided in the emails, which typically include a link to unsubscribe. Alternatively, you can contact us using this link and include the word "UNSUBSCRIBE" in the subject field of the email. It's important to note that opting out of promotional emails will not impact non-promotional emails related to your account, transactions, service, or our ongoing business relationship.
Text Messages and Calls: We may send you recurring text messages and calls to the phone number you have provided for transactional and direct marketing purposes. You should be aware that your consent is not a requirement for making a purchase, and you can opt out of receiving text messages or calls from us at any time. To do so, follow these steps:
(I) For text messages, respond with "STOP" to any text message you receive from us, or contact us through this link and specify that you want to opt out of text messages.
(ii) For calls, request to opt out during any call you receive from us, or contact us through this link and specify that you want to opt out of calls.
Please understand that you may receive a confirmation text message once you have successfully opted out. Your mobile carrier may impose standard message, data, and other fees, which you are responsible for. It's also important to note that not all phones or carriers may support our messaging services, so you should check with your carrier for more information.
Please be aware that any opt-out you perform applies only to the specific email address, device, or phone number you use and will not impact any future subscriptions.
We retain the authority, at our sole discretion, to make changes, temporarily halt, or terminate the Site or any service, content, feature, or product provided via the Site, with or without prior notice. This includes the ability to impose fees for Site usage, adjust or waive such fees, and provide opportunities to certain or all Site users. You acknowledge and agree that we will not be held responsible to you or any third party for any alterations, temporary suspensions, or cessation of the Site, as well as any related services, content, features, or products available on the Site.
The Site might feature links to external websites over which Prestigio Jewelers has no control. Prestigio Jewelers bears no responsibility for these linked websites, and the presence of links does not imply an endorsement of any linked website. Clicking on these links will lead you away from the Site, and your actions may be subject to different terms, conditions, and privacy practices. These links are provided solely for your convenience and as sources of information. Should you decide to engage with, make transactions through, or interact with any third-party services linked on the Site, you do so at your own risk.
Please Review This Section Cautiously – It May Significantly Impact Your Legal Rights, Including Your Ability to Bring a Lawsuit in Court and Have a Jury Hear Your Claims. It Contains Procedures for Mandatory Binding Arbitration and a Class Action Waiver.
**Mutual Agreement to Arbitrate**
Both you and Prestigio Jewelers mutually agree that any disputes related to this Agreement will be resolved through final and binding arbitration. This applies except in cases where you have violated or threatened to violate Prestigio Jewelers' intellectual property rights (e.g., trademark, trade secret, copyright, or patent rights). In such instances, Prestigio Jewelers may initiate a lawsuit solely to seek injunctive relief against unauthorized use or abuse of the Site or intellectual property infringement (e.g., trademark, trade secret, copyright, or patent rights) without first resorting to arbitration or the informal dispute resolution process outlined below.
**Understanding Arbitration**
Arbitration is a less formal process than a courtroom lawsuit, aimed at resolving disputes more swiftly. Instead of a judge or jury, an impartial arbitrator will determine the case's outcome and can award the same damages and remedies that a court can. If any part of this arbitration agreement is found unenforceable, that specific provision will be removed, but the remaining arbitration terms will remain valid.
**Arbitration Procedures**
The Federal Arbitration Act governs the interpretation and application of this dispute resolution provision. Arbitration will be conducted through JAMS. Any disputes arising from this Agreement will be settled through arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures, presided over by one arbitrator. If there is any conflict between the JAMS Rules and the rules specified in this Agreement, the rules in this Agreement will take precedence. You can access the JAMS Rules and instructions for initiating arbitration at http://www.jamsadr.com or by calling 1-800-352-5267. To commence arbitration, you or Company must follow these steps:
1. Draft a demand for Arbitration, which should include a description of the claim and the damages sought. You can find a demand for Arbitration template at www.jamsadr.com.
2. Send three copies of the demand for Arbitration along with the appropriate filing fee to your local JAMS office or to JAMS at Two Embarcadero Center, Suite 1500, San Francisco, CA 94111.
3. Forward one copy of the demand for Arbitration to the other party.
All filing, administration, and arbitrator fees will be determined by the JAMS Rules. If traveling to California is impractical, you may participate in the arbitration by phone or through document submissions, to the extent allowed by the arbitrator. Each party will bear their own arbitration costs, except if the arbitrator deems such costs an undue burden, in which case we will cover your portion of the arbitration administrative fees (excluding your attorney's fees). Arbitration under this agreement will be conducted in the United States in Sacramento, California, and governed by California law, without regard to its conflict of laws principles. The arbitration may award damages and remedies on an individual basis, including injunctive relief. Any arbitrator's award can be enforced in any court of competent jurisdiction.
**Arbitrator's Authority**
The arbitrator will determine the rights and liabilities of both you and Company, and the dispute will not be combined with other matters or parties. The arbitrator has the authority to grant motions dispositive of all or part of any claim and to award monetary damages, as well as any non-monetary remedies available under applicable law, the Arbitration Rules, and this Agreement. The arbitrator will issue a written award with findings and conclusions, including the calculation of damages. The arbitrator's authority to grant relief on an individual basis is the same as that of a court judge. The arbitrator's award is final and binding on both you and Company.
**No Class Actions**
You may only resolve disputes with us on an individual basis and cannot bring a claim as a plaintiff or class member in a class action, consolidation, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
**Waiver of Jury Trial**
Both parties hereby waive their constitutional and statutory rights to pursue a trial in front of a judge or jury and instead agree to resolve all claims and disputes through arbitration. Arbitration processes are typically less extensive, more efficient, and less costly than those used in court. In the event that litigation arises between you and Company in any state or federal court concerning the enforcement or vacation of an arbitration award or for any other reason, both you and Company waive all rights to a jury trial, opting instead for resolution by a judge. You acknowledge that you have received advice that you may consult with an attorney before accepting this Agreement to Arbitrate.
**Choice of Law and Forum Selection**
In cases where the Agreement permits the parties to pursue litigation in court, this Agreement will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law rules. You willfully consent and agree to submit the exclusive jurisdiction and court venue in a competent jurisdiction located in Sacramento, California.
THE SITE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS. NEITHER COMPANY NOR ANY OF ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE "COMPANY PARTIES") MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER AS TO THE CONTENT OR SITE, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND FREEDOM FROM COMPUTER VIRUS. BY ACCESSING OR USING THE SITE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITE.
NOT WITHSTANDING THE FOREGOING, THESE DISCLAIMERS DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM COMPANY INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY PARTIES BE LIABLE TO YOU FOR ANY LOSS, DAMAGE, OR INJURY OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE LOSSES OR DAMAGES, OR DAMAGES FOR SYSTEM FAILURE OR MALFUNCTION, OR LOSS OF PROFITS, DATA, USE, BUSINESS, OR GOODWILL. SUCH DAMAGES MAY ARISE OUT OF OR BE CONNECTED TO (A) THE SITE, (B) THIS AGREEMENT, OR (C) YOUR MISUSE OF THE SITE OR ANY CONTENT AVAILABLE ON OR THROUGH THE SITE. THESE LIMITATIONS APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED ON CONTRACT, INDEMNIFICATION, TORT, STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL OR EQUITABLE THEORY.
HOWEVER, PLEASE NOTE THAT THESE DISCLAIMERS HEREIN DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY, OR DAMAGES RESULTING FROM COMPANY'S INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.
You agree to safeguard, indemnify, and absolve Company from any and all claims, liabilities, damages, losses, costs, and expenses, including attorneys' fees, arising from any of the following:
(I) Your violation or alleged violation of this Agreement;
(ii) Misuse of the Site;
(iii) Your breach of any laws, rules, regulations, codes, statutes, ordinances, or orders issued by any governmental or quasi-governmental authorities;
(iv) Your infringement of the rights of any third party, including intellectual property rights, publicity rights, confidentiality, property rights, or privacy rights;
(v) Your utilization of a third-party service; or
(vi) Any defense and control of any matter subject to indemnification by you.
You also commit to collaborating with Company's defense against any claim and will not settle any claim without prior written consent from Company.
It's important to note that this provision does not obligate you to indemnify us for any unfair commercial practices on our part or for our acts of fraud, deception, false promises, misrepresentations, concealments, suppressions, or omissions of material facts related to the Site.
TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE THAT YOU SHALL NOT BE ENTITLED TO SEEK AN INJUNCTION OR OTHER FORM OF EQUITABLE REMEDY, INCLUDING ANY LEGAL ACTION OR COURT PROCEEDING THAT COULD IMPEDE OR HINDER THE CREATION OR UTILIZATION OF ANY WEBSITE, APPLICATION, CONTENT, SUBMISSIONS, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY THAT IS OWNED, LICENSED, UTILIZED, OR GOVERNED BY COMPANY OR A COMPANY LICENSOR.
Company reserves the right, without assuming any liability towards the Customer, to terminate the access or suspend any Customer’s access to all or a portion of the Site without prior notice. This action may be taken for any behavior that, at Company's sole discretion, is deemed to be a violation of applicable laws or this Agreement, or is deemed to be detrimental to the interests of another user, a third party, a merchant, a sponsor, a licensor, a service provider, or Company.
**Severability and Continuation**
Should any provision of this Agreement be determined to be in conflict with the law, the remaining part of that provision (if any) and the remaining provisions of this Agreement will remain fully effective and enforceable.
**Consent or Approval**
No consent or approval from Company may be considered as granted unless it is in written form and signed by an authorized officer of Company.
**Severability; Interpretation; Assignment**
In the event, any provision of this Agreement is deemed invalid, unlawful, void, or unenforceable, that provision will be considered separate from this Agreement. The invalidity of the provision will not affect the validity or enforceability of the remaining parts of this Agreement. You hereby waive any applicable statutory or common law that may interpret a contract against its drafter. The summaries of provisions and section headings are provided for convenience and do not limit the full scope of this Agreement. Company reserves the right to assign its rights and obligations under this Agreement, in whole or in part, to any party at any time without notice. You are not allowed to assign this Agreement without the prior written consent of an officer of Company.
**Complete Agreement; No Waiver**
This Agreement represents our comprehensive understanding regarding the Site and supersedes any prior agreements, representations, warranties, assurances, or discussions related to the Site. Except as expressly stated in this Agreement: (i) no failure or delay by you or Company in exercising any rights, powers, or remedies will be considered a waiver of that right, power, or remedy; and (ii) no waiver or modification of any term of this Agreement will be effective unless it is in writing and signed by the party against whom the waiver or modification is sought to be enforced.
**Investigation; Cooperation with Law Enforcement**
Company retains the right to investigate and prosecute any suspected breaches of this Agreement or the Site. Company may disclose any necessary information to comply with any law, regulation, legal process, or governmental request.
**Choice of Law; Venue**
You agree that this Agreement will be governed by and interpreted in accordance with the laws of the State of California, excluding its conflict of law principles. You also explicitly consent and agree to the exclusive jurisdiction and venue of a competent court located in Sacramento, California.
**California Consumer Rights and Notices**
California residents have specific consumer rights: You can contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in California by mail at 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254. Visit their website at http://www.dca.ca.gov.
This Agreement will be governed by the laws of the State of California, without regard to the choice of law principles. The waiver of any provision of this Agreement will not be considered a waiver of any other provision or of Company's right to enforce each term herein strictly. This Agreement constitutes the entire agreement between us regarding your use of the Site.
(209)400-8864
