Terms And Conditions

Last Updated: 11 December 2024

Welcome to Avenue of Jewels! By accessing or using our website, you agree to comply with and be bound by the following terms and conditions. Please read them carefully.

Avenue of Jewels operates its online store on the Shopify platform. As such, the website infrastructure, including servers and data storage, is managed by Shopify Inc.

Shopify provides us with an e-commerce platform that allows us to sell our products to you. Any disruptions or reliability concerns related to the platform are managed directly by Shopify.

The terms "we," "us," and "our" all refer to Avenue of Jewels throughout the website. Avenue of Jewels provides you, the user, with this website and all of its tools, information, and services, subject to your acceptance of all of the terms, conditions, policies, and notices included herein.

You agree to be governed by the following terms and conditions ("Terms of Service," "Terms"), including any other terms and conditions and policies mentioned here and/or accessible by hyperlink, by using our website and/or making a purchase from us. All users of the website are subject to these terms of service, including but not limited to browser users, vendors, buyers, merchants, and/or content creators.

Before using our website, please carefully read our Terms of Service. You accept these Terms of Service by visiting or using any portion of the website. You are not permitted to use this website or any of its services if you do not accept all of its terms and conditions. Acceptance is specifically restricted to these Terms of Service if they are regarded as an offer. 

The Terms of Service will also apply to any new tools or features that are introduced to the existing shop. The most recent version of the Terms of Service is always available on this page. We retain the right to post updates and/or modifications to our website to update, modify, or replace any portion of these Terms of Service. You must frequently review this page for updates. Acceptance of such modifications is shown by your continuing use of the website or access to it after they are posted. Shopify Inc. hosts our store. They give us the internet platform for e-commerce so we may sell you our goods and services.

By accepting these Terms of Service, You confirm that you are at least the legal majority in your state or province of residence or that you are the legal majority in your state or province of residence and have permitted us to let any of your minor dependents use this website.

You must not break any laws in your area (including but not limited to copyright laws) or use our goods for any unlawful or unauthorized purposes. You are not allowed to spread any viruses, worms, or harmful codes. Your services will be terminated immediately if any of the Terms are broken.

 

Product Availability: 

We strive to provide accurate descriptions of our products. However, we cannot guarantee that product descriptions or other content on the site are entirely accurate, complete, or error-free. Occasionally, you might be able to add a product to your shopping basket and submit your purchase for processing, but the product is later canceled because it is not available. You understand that things could sell out rapidly and that for a little time after an order is placed, the product might not be available. You acknowledge that we may cancel your order at any time without incurring any fees once you have received an Order Confirmation. 

Rarely, we may send you a Shipping Confirmation, but the item is no longer in stock at either our third-party fulfillment supplier or our own warehouse. You acknowledge that if we are unable to send the product you requested because it is not available, we may withdraw our acceptance and cancel your order without charging you. 

Pricing: 

Our site may show data, including pricing, incorrectly because of typographical or technical mistakes. Despite our best efforts, some mistakes can nevertheless happen. Inaccurate or incorrect pricing is not honored, and we retain the right to fix any and all problems when they do happen. We reserve the right to either contact you for instructions before sending the product or cancel the purchase and notify you of the cancellation if the quoted price of a product is less than its real price. Once the order has been dispatched, you agree to either pay the difference between the charged and real pricing or return the item. We also have the right to make sudden changes to our rates. We are sorry if this has caused you any difficulty. If you have any questions, please do not hesitate to contact one of our diamond and jewelry experts at info@avenueofjewels.com or 1-585-431-5654. We do not negotiate prices on our products and all our prices are final.

Payment Information:

Payments made through this site are processed securely by Shopify's payment gateways.

We are not responsible for payment failures resulting from third-party providers.

You will be prompted for your payment information, including your credit card number and any gift cards or promo codes you may have, once you have chosen your jewelry and entered your shipping information. You give us and our third-party payment processors permission to charge the order amount to the payment method you have chosen by entering your payment details and submitting your order.

 

Diamond certificate: 

We send you the grading report or jewelry certificate (also known as a diamond or jewelry certificate) together with the certified diamonds or jewelry when you order it. It is exceedingly costly to replace a certificate or report since these comprehensive papers are produced by diamond grading specialists at one of two reputable diamond laboratories. For this reason, we demand that every returned certified diamond or jewelry be accompanied with its certificate. A replacement fee of US$150 (or the equivalent amount in other currencies) will be applied if the diamond grading report or jewelry certificate is not included in your return. 

Information On Our Site

At Avenue of Jewels, we make every attempt to ensure that our online catalog is as accurate and complete as possible. In order to give you the opportunity to view our products in great detail, some products may appear larger or smaller than their actual size in our photographs; and since every computer monitor is set differently, color and size may vary slightly. 

Our objective is to provide you with as much information and detail about your prospective purchase as possible so that you can see the beauty and shape of a particular item. In compliance with industry standards and FTC regulations, Avenue of Jewels states that carat total weight in all purchases may vary by 0.05 carats from the stated weight. 

On the Site, we provide the measurement of our products based on our manufacturing specifications. Slight tolerances may be accounted for based on finishing during the manufacturing. Width tolerance on machine-made wedding bands of 0.20mm is allowed. Cast-manufactured rings can vary slightly more. 

For gemstone and pearl measurements, a tolerance of 0.25mm is allowed. 

For diamond jewelry sets with multiple diamonds, we provide the average total carat weight, color, and clarity grades for the piece. Color and clarity grades are expressed as an average depending on the number of diamonds., collectively the quality is equal to or exceeds the grade stated. 

 

Privacy Policy:

Please refer to our Privacy Policy for information on how Avenue of Jewels collects, uses, and discloses personally identifiable information from its customers. 

 

Site content: 

The Site and all of its content and other materials, including but not limited to the Avenue of Jewels logo, as well as all designs, text, graphics, pictures, coordination, selection, "look and feel," information, data, software, sound files, and other files and how they are arranged and chosen (collectively, the "Site Materials"), are the exclusive property of Avenue of Jewels or its users or licensors and are safeguarded by laws pertaining to unfair competition, trade dress, copyright, patents, and copies. 

 

Trademark: 

Avenue of Jewels and any other product or service name or slogan on our website are trademarks of Avenue of Jewels and its suppliers or licensors. They cannot be used, in whole or in part, without the prior written consent of Avenue of Jewels or the relevant trademark holder. Without first obtaining our explicit consent, you are not permitted to use any metatags or other "hidden text" that contain "Avenue of Jewels" or any other Avenue of Jewels name, trademark, or product or service name. All other product names, registered trademarks, trademarks, and Avenue of Jewels names or logos that are featured on our website belong to their respective owners.

Use of the site:

You agree to use this website for lawful purposes only.

We reserve the right to refuse service, cancel orders, or terminate accounts at our discretion.

You are given a personal, restricted, non-sublicensable license to use our site and to print off and electronically copy parts of our site materials for your own non-commercial, personal, and informational use only, unless otherwise prohibited. 

The following are excluded from this license, which is subject to these terms and conditions: (a) any commercial use or resale of our site or the site materials on it; (b) the gathering and use of product listings, images, or descriptions for profit; (c) the distribution, performance, or display of any site materials; (d) altering or using our site and site materials, or any part of them, in any derivative manner; (e) the use of any automated means to access, monitor, or interact with any part of our site, including data mining, robots, spiders, scraping, or other data collection or extraction techniques; (f) downloading any part of our website, the site materials, or any information on them (apart from page caching), unless specifically allowed on our website; (g) causing any pop-up, pop-under, exit windows, expanding buttons, banners, advertisements, or anything else to appear that reduces, obscures, frames, or prevents our website from displaying in its entirety; (h) using our websites in any way that interferes with their normal operation; or (i) using our website or the site materials for purposes other than those for which they were designed. 

It is completely forbidden to use our site or the site materials in any way other than as expressly permitted below without first obtaining Avenue of Jewels explicit consent. Failure to do so will result in the license being terminated. including unapproved usage may also be against applicable laws, including as applicable communications rules and legislation, copyright and trademark laws, and others. Nothing in these Terms and Conditions, whether by estoppel, implication, or otherwise, shall be interpreted as granting any license to intellectual property rights unless specifically stated herein. This license can be revoked at any moment. 

Infringement Policy:

In compliance with the Digital Millennium Copyright Act (DMCA) and other relevant laws, Avenue of Jewels has implemented a policy of terminating and blocking site users or account holders who are found to be repeat infringers in suitable circumstances and at Avenue of Jewels sole discretion. Avenue of Jewels may also, in its sole discretion, limit access to this site and/or terminate the accounts of any users who violate the intellectual property rights of others, whether or not the infringement is repeated.

If you suspect that your work has been duplicated and made available on the Site in a way that constitutes copyright infringement, please tell Avenue of Jewels by giving the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512) to Info@avenueofjewels.com

• A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed. 

• A description of the copyrighted work alleged to have been infringed, or if numerous copyrighted works at a single internet site are covered by a single notice, a representative list of such works; 

• Identification of the material that is alleged to be infringing or the subject of infringing activity and that is to be deleted or access to which is to be prevented, as well as information reasonably adequate to allow Avenue of Jewels to find the material.

• Information sufficiently adequate to allow Avenue of Jewels to contact the complaining party, such as an address, telephone number, and email address at which the complaining party may be contacted; 

• A declaration that the complaining party has a good faith conviction that using the work in the way complained about is not permitted by the copyright owner, its agent, or the law; and 

• A statement under penalty of perjury that the information in the notice is correct, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

• Inquiries that do not comply with all of the requirements of 17 U.S.C. § 512 may not be effective. 

• Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under 17 U.S.C. § 512(f).

 

Third-Party Content:

Avenue of Jewels may provide links to third-party Web pages and material ('Third Party material') as a service to individuals who are interested in such information. Avenue of Jewels does not monitor or regulate any third-party content or websites. Avenue of Jewels does not endorse any third-party content and cannot guarantee its accuracy or completeness. Avenue of Jewels does not guarantee or warrant the accuracy of any material provided therein, and it assumes no responsibility for updating or reviewing any Third Party Content. Users utilize these links and the Third Party Content contained inside at their own discretion. 

Advertisement and Promotion:

Avenue of Jewels may display advertising and promotions from third parties on its website. Your business interactions or communications with, or participation in promotions by, advertisers other than Avenue of Jewels, as well as any terms, conditions, warranties, or representations associated with such dealings, are entirely between you and the third party. Avenue of Jewels is not responsible or accountable for any loss or damage suffered as a consequence of such transactions or the inclusion of such non-Avenue of Jewel's advertising on our site. 

 

Submissions:

You acknowledge and agree that any materials you provide to Avenue of Jewels, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials, or other information, regarding this site, Avenue of Jewels, or our products or services, are non-confidential and will become the sole property of Avenue of Jewels. Avenue of Jewels shall possess exclusive rights, including all intellectual property rights, and will be entitled to use and distribute this content for any purpose, commercial or otherwise, without acknowledgment or compensation to you. 

You allow Avenue of Jewels and its affiliates and sublicensees the right to use the name you provide in connection with such content if they so choose. You represent and warrant that (a) you own and control all of the rights to the content you submit, or that you otherwise have the right to submit such content to this site; (b) the content is accurate and not misleading; and (c) the use and posting of the content you supply will not violate or injure the rights of any person or entity. 

 

Product Reviews and User Content:

Our Site has a product review tool, as well as discussion forums, user-produced content, and other places or services where you or third parties can create, post, or save any content, messages, materials, or other items on our Site ('Interactive places'). You are solely responsible for using such Interactive Areas, and you do so at your own risk. By using any Interactive Areas, you agree not to post, upload, transmit, distribute, store, generate, or otherwise publish any of the following on our Site: 

• Any message, data, information, text, music, sound, photos, video, graphics, code, or other material ('User Content') that is illegal, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, infringing on privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable; 

• User Content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or would otherwise create liability or violate any local, state, national, or international law, including, without limitation. 

• User Content that may infringe any party's patent, trademark, trade secret, copyright, or other intellectual or proprietary rights. By submitting any User Content, you represent and warrant that you have the lawful right to disseminate and reproduce the User Content. 

• User Content that impersonates or misrepresents your association with a person or business; 

• Unsolicited promotion, political campaigning, advertising, or solicitation; 

• Any third party's private information, such as addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers; 

• Viruses, damaged data, or other malicious, disruptive, or destructive files; and 

• User Content that, in Avenue of Jewel’s sole discretion, is offensive, limits or prevents any other person from using or enjoying the Interactive Areas or our Site, or may expose Avenue of Jewels or its users to any sort of injury or responsibility.

Avenue of Jewels takes no responsibility or liability for any User Content posted, stored, or uploaded by you or any third party, or for any resulting loss or damage, nor is Avenue of Jewels liable for any errors, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter. You utilize Interactive Areas at your own risk. Avenue of Jewels, as a supplier of interactive services, is not responsible for any claims, representations, or User Content made by its users in any public forum, personal home page, or other Interactive Area. 

Although Avenue of Jewels has no obligation to screen, edit, or monitor any of the Content posted in any Interactive Area, Avenue of Jewels reserves the right, at its sole discretion, to remove, screen, or edit any User Content posted or stored on our Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on our Site at your own cost and expense. 

Any use of the Interactive Areas or other parts of our Site in violation of the foregoing violates these Terms and Conditions and may result, among other things, in the termination or suspension of your rights to use the Interactive Areas and/or our Site. Avenue of Jewels may access and disclose any information it deems necessary or appropriate in order to comply with legitimate governmental requests, subpoenas, or court orders, to protect Avenue of Jewel's systems and customers, or to ensure the integrity and operation of Avenue of Jewel’s business and systems, including, but not limited to, user profile information (e.g., name, e-mail address), IP addressing and traffic information, usage history, and posted User Content. Avenue of Jewel’s right to share any such information will govern any conditions of Avenue of Jewel’s privacy policy.

If you post User Content to our Site, unless otherwise stated, you grant Avenue of Jewels and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in any media worldwide. You allow Avenue of Jewels and its affiliates and sublicensees the right to use the name you provide in connection with such content if they so choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you upload, or you otherwise have the right to put such User Content on our Site; (b) the User Content is accurate and not misleading; (c) the use and publishing of the User Content you provide does not violate these Terms and Conditions and will not infringe on the rights of or cause harm to any person or entity. 

SMS terms and conditions:

By subscribing to Avenue of Jewels's Shipping Status Notifications text messages, you agree to receive periodic transactional text messages from Avenue of Jewels. These messages are meant to keep you updated on the status of your order and will be delivered after you have made a purchase when the order status changes. 

This is a typical SMS/MMS campaign; message and data fees may apply. Carriers are not accountable for communications that are delayed or not delivered.

You can get assistance or additional information by texting assistance to the five-digit short number from whence you received the message, or by contacting Avenue of Jewels Customer Service at info@avenueofjewels.com or 1-585-431-5654.

To opt out, text STOP to the five-digit shortcode from whence you received the message. After opting out, you will receive a one-time text message confirming that you have opted out of receiving future text messages. 

 

Indemnification: 

You agree to defend, indemnify, and hold harmless Avenue of Jewels, its independent contractors, service providers and consultants, and their respective directors, employees, and agents, from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any Content you post, store, or otherwise transmit on or through our Site, or your use of or inability to use our Site, including without limitation any actual or threatened suit, demand or claim made against Avenue of Jewels and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the Content, your conduct, your violation of these Terms and Conditions or your violation of the rights of any third party.

Disclaimer of warranty: 

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY AVENUE OF JEWELS, THIS SITE, THE CONTENT CONTAINED THEREIN, AND THE PRODUCTS AND SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE "PRODUCTS AND SERVICES") ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED. AVENUE OF JEWELS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT, AND MATERIALS ON OUR WEBSITE. AVENUE OF JEWELS MAKES NO REPRESENTATION OR WARRANTY THAT THE MATERIALS ON OUR WEBSITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. AVENUE OF JEWELS DOES NOT REPRESENT OR WARRANT THAT OUR WEBSITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 

Limitation of Liability: 

Avenue of Jewels is not liable for any direct, indirect, incidental, or consequential damages arising from the use of the Shopify platform. 

Shopify’s terms of service may also apply to your use of this site.

IN NO EVENT SHALL AVENUE OF JEWELS, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR SITE, THE PRODUCTS AND SERVICES, OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH OUR SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CASED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM AVENUE OF JEWELS, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO AVENUE OF JEWELS RECORDS, PROGRAMS OR SERVICES.

 

Modification and Notice:

We reserve the right to update or modify these terms at any time without prior notice. Your continued use of the website constitutes acceptance of such changes.

You agree that Avenue of Jewels may modify these Terms and Conditions and any other policies on our Site at any time and that posting the modified Terms and Conditions or policies on our Site will constitute sufficient notice of such modification. 

Termination:

Notwithstanding any of these Terms and Conditions, Avenue of Jewels reserves the right, without notice and in its sole discretion, to terminate your license to use this site, and to block or prevent future your access to and use of the Site. 

 

Severability: 

If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. 

Questions and Contact information: 

If you have any questions, please do not hesitate to contact one of our diamond and jewelry experts at info@avenueofjewels.com or 1-585-431-5654. Terms and Conditions updated on December 11th, 2024.