Edelweiss®

TERMS OF SERVICE

OVERVIEW

This website is operated by Edelweiss Jewelry, LLC. Throughout the site, the terms “we”, “us”, “our” and “Edelweiss” refer to Edelweiss Jewelry, LLC. Edelweiss Jewelry, LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply  to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Any new features or tools which are added to the current site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

OUR SERVICES

Jewelry Consultations

We provide advice on how to best source and design your jewelry to fit your requirements. Any design approved by the customer for production will become the sole responsibility of the end client . We provide consultations across

  • Design - design of jewelry to fit customer's style and requirements.
  • Diamond or Gem - sourcing the right stone for the jewelry.
  • Material - source the best materials for jewelry.

Edelweiss does not purchase any diamonds, gems, or materials until final design is approved and paid for by the end client.

Artist Sketches

At the client’s request, Edelweiss  can provide an artist sketch of the jewelryThis sketch is paid for by the customer and sourced via Edelweiss. Clients should be aware before commissioning an Artist Sketch that all designs, drawings, figures, pictures, and depictions are conceptual in nature. The final product may have differences, depending on the design, diamond, gem or material selected. Client agrees that immaterial differences shall be expected and accepted and shall not be cause to reject the final product in any way or in any form.

Ethical Sourcing

Edelweiss sources diamonds, gems, and materials from a variety of sources. All of our sources are respected suppliers that follow industry standards to source conflict free materials. These standards include but are not limited to adherence to and enforcement of the standards established by the Kimberley Process, an international system that polices the trade of diamonds to ensure they are from sources free of conflict.

PRODUCT WARRANTY

Manufacturer Warranty

We stand behind our products and warrant that all items will be free from manufacturing defects for up to 1 year after purchase. If you believe your item has a manufacturing defect, you may return it to us for inspection. If we determine your merchandise is damaged due to a manufacturing defect, we will repair the merchandise or, if we deem appropriate, replace the item. If the item is no longer available, Edelweiss may, in its discretion, replace with like-kind or allow a refund equal to the selling price of the original item or component.

Please note that

slight irregularities and variations in craftsmanship or natural characteristics, or internal inclusions, visible or otherwise, in gemstones are unique and individual to each item. These characteristics are considered as part of the character of the item, and should not be considered a defect.

to be eligible for the warranty, items must be pictured at time of claim and shipped back to Edelweiss within 30 days of claim. Shipment must including all product documentation and packaging. Note, there may be a charge to ship product back for inspection.

Conditions and Exclusions

The foregoing Manufacturer Warranty is available only to the person who purchased the covered product from Edelweiss.

Maintenance, repair, cleaning, sizing or other service performed by someone other than Edelweiss will void your Manufacturer Warranty.

Fine jewelry is not impervious to normal wear, activities or trauma. This is particularly true for rings since hands are regularly subjected to considerable abuse. We do not provide warranties for damage due to normal wear, product loss, loss of stones or theft. Damage or loss that results from failure to obtain repairs necessary to maintain the integrity of the product are also not covered.

  • Some examples of common jewelry issues that would not be considered manufacturing defects include:
  • Discoloration due to exposure to chemicals, make-up, swimming pools, hot tubs or bathing.
  • Prongs and precious metals, in general, wear over time and may require “building up” or restoration work as normal wear.
  • Bent, caught or worn out prong(s) allowing a stone to fall out or be lost due to normal wear or other damage.
  • Lost stone or a stone has fallen out due to chipping or breaking caused by normal wear or other damage.

SHIPPING POLICY

  • All orders are fully insured and shipped via secure courier, delivery speed is based on the date the jewelry is requested to be received.
  • Edelweiss will only ship to a street address, not a P.O. Box address
  • Signature is always required for delivery
  • Delivery is typically only on weekdays and non holidays
  • Customer is responsible for providing a valid address and being available to sign for the package.
  • For international shipments, we will work on a case by case basis to deliver the product safely according to the agreed upon shipping methods between Edelweiss and the customer.

RETURN & CANCELLATION POLICY

Returns

Edelweiss does not offer a money back guarantee policy. Each piece of Edelweiss jewelry is customized to your specifications and is made only for you. Once you approve a design and pay for  the jewelry, you are considered the owner of the jewelry. Edelweiss ensures our quality as outlined in our Product Warranty.

Cancellations

Edelweiss does not offer any cancellations for any reason once the materials have been sourced.  Each piece of Edelweiss jewelry is customized to your specifications and is made only for you. Once you submit the full payment we start sourcing the materials and so it should be expected once full payments are received that your right to cancel your order is no longer valid.

PAYMENT POLICY

Edelweiss accepts major credit cards and ACH bank wires

Payment is received all at once or in installments

Edelweiss will only source materials and diamonds/gems once full payment is received

After full payment is received, we start crafting the jewelry and typically Edelweiss can deliver within 3-4 weeks from full payment receipt date

Sales tax is currently only collected for New York state sales

TERMS & CONDITIONS

Use of Sites

Edelweiss' Sites and content are intended solely for personal and non-commercial use by visitors and online shoppers. Any use of any Edelweiss Sites or accompanying content other than for personal and non-commercial purposes is prohibited. You agree not to reproduce, publish, transmit, distribute, modify, create derivative works from, or commercially exploit in any way any of the content of any Edelweiss Sites. However, you may download, electronically copy and print any of the content of Edelweiss Sites for your personal, non-commercial use only. This is a revocable license, not a transfer of title, and is subject to the restrictions that you may not (a) modify the content or use it for any commercial purpose, or any public display, performance, sale or rental, (b) decompile, reverse engineer, or disassemble the content, or (c) remove any copyright, trademark registration, or other proprietary notices from the content. You further agree not to access or use any Edelweiss Sites in any manner that may be harmful to its operation or content.

Information on Our Website

At Edelweiss, we make every attempt to ensure that our information 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.

Legal Notices

Under no circumstances shall Edelweiss be liable for any indirect, special, incidental or consequential damages of any kind, regardless of the form of action, whether in contract, tort (including negligence), strict product liability or otherwise, even if we have been advised of the possibility of such damages. If you have any questions, please do not hesitate to contact us at concierge@edelweiss.jewelry or dial (347) 560-3194.

Applicable Law and Venue

These Terms and Conditions and your use of this site will be governed by and construed in accordance with the laws of the State of New York, USA applicable to agreements made and to be entirely performed within the State of New York, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions shall be filed only in the state and federal courts located in New York, New York and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of your use of this site, any purchase from this site, or these Terms and Conditions.

Dispute Resolution

Any controversy or claim arising out of or relating to these Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules (including the Optional Rules for Emergency Measures of Protection), and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration proceedings shall be conducted before one (1) neutral arbitrator selected by the American Arbitration Association. The place of arbitration shall be New York, New York. Either party may apply to the arbitrator seeking injunctive relief until the arbitration award is rendered or the controversy is otherwise resolved. Either party also may, without waiving any remedy under these Terms of Use, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal’s determination of the merits of the controversy).

MODIFICATIONS TO THE SERVICE

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Third Party Content

Edelweiss may provide links to web pages and content of third parties ("Third Party Content") as a service to those interested in this information. Edelweiss does not monitor or have any control over any Third Party Content or third party Websites. Edelweiss does not endorse any Third Party Content and can make no guarantee as to its accuracy or completeness. Edelweiss does not represent or warrant the accuracy of any information contained therein, and undertakes no responsibility to update or review any Third Party Content. Users use these links and Third Party Content contained therein at their own risk.

Submissions

You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding this site, Edelweiss, or our products or services that are provided by you to Edelweiss are non-confidential and shall become the sole property of Edelweiss. Edelweiss will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You grant Edelweiss and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the content that 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) use and posting of the content you supply will not violate any rights of or cause injury to any person or entity.

Terms and Conditions updated on August 31, 2017.

Edelweiss Jewelry, LLC Privacy Policy

Last updated August 31, 2017

Edelweiss (including Edelweiss Jewelry, LLC, its subsidiaries and affiliates) wants you to know that your privacy is important to us. Our customers and the experience we create for our customers is of the utmost importance to our company, and we strive to ensure your experience with Edelweiss is one that you will want to repeat and share with your friends.

Part of our commitment to you is to respect and protect the privacy of the personal information you provide to us. The information below is designed to inform you of what information we collect, why we collect such information, how we use the information we collect, and the choices we offer, including how to access and update information.

Any reference to our “Site” includes our Edelweiss website, mobile applications and other software, and any reference to our “Services” includes our Site, customer service phone line and other shopping or product services offered by Edelweiss. If you have questions or concerns regarding this Privacy Policy please email us at concierge@edelweiss.jewelry.

Edelweiss will occasionally update this Privacy Policy. When a revision is made we will revise the "last updated" date at the top of this page. By using our Services, or sharing your information with us, you are consenting to and accepting this Privacy Policy, including any changes or updates. We may make additional features, functionality, offers, activities, or events available to you subject to additional or different privacy rules that we disclose in connection with those opportunities.

In this policy, “personal information” means any information relating to an identified or identifiable individual.

Collection of Information

Information You Provide

At various times, you may decide to provide us with your personal information. You should know that we receive and may store all personal information (whether written or oral) that you provide to us. This includes personal information provided to us through any means, including, without limitation, through our Site, via e-mail, over the telephone, and through a social media service (for example Facebook, Instagram, Twitter, Pinterest). You can choose not to provide certain information, but then you might not be able to purchase products or take advantage of many of our promotions, features or Services.

In addition, for the purposes of marketing, we may collect information about your purchases, billing address, shipping address, gender, occupation, birthday, marital status, anniversary, interests, and credit card information. You may also choose to provide us names or other contact information for a fiancé or friend in order to take advantage of a referral, or other program, or to send them product information or gifts. Subject to restrictions imposed under applicable laws and unless otherwise specified when you provide us the information, the information we collect about you and your friend may be stored and used in the ways described in this Privacy Policy.

Information We Collect Through Cookies and Other Technologies

A cookie is a small file that resides on your computer, mobile phone, or other device, and allows us or our business partners to recognize your device when you return to our Service and record information about your usage of our Services.

We use cookies for five general purposes as follows:

Essential Operational: Cookies are necessary to allow us to operate our Services. For example, they are required to help you access secure areas (such as your account pages) and to use features like our shopping basket.

Performance and Functionality: Cookies help us enhance the performance and functionality of our Services. For example, cookies help us identify you or your device when you come back to our Service so that you do not have to login to see your shopping basket.

Analytics and Customization: We use analytics and customization cookies, including third party cookies, to gather information on how our Services are being used by our visitors and to measure how popular our marketing campaigns are. We use the data we get to help customize our Services for you and make the content you see as relevant as possible. We also use the date we collect to help identify and prevent fraud, and to track visits from our affiliates or partners.

Targeting/advertising: Cookies help us to regulate the advertisements you receive, provide you with tailored offers, and measure their effectiveness.

Social networking cookies: Cookies allow visitors to share our pages and content through third-party social networking websites.

You are always free to decline cookies if your browser permits; although, by declining the use of cookies you may not be able to use certain features on, and significant portions of, our Site. Also, because information we obtain may be combined, we may still be able to identify your web browser, computer or mobile device when you access our Services even if you disable cookies. Some browsers incorporate a “Do Not Track” (DNT) feature that, when turned on, signals to websites and online services that you do not wish to be tracked. Because there is not yet an accepted standard for how to respond to browser DNT signals, we do not currently respond to them. For more information about the use of cookies and how to block them, visit www.allaboutcookies.org, www.youronlinechoices.eu (Europe) or www.aboutads.info/choices (United States).

We may use, or permit our business partners to use, other technologies similar to cookies for the same purposes as we use cookies, for example:

Tracking Images: We may use tracking images (such as GIFs), which are small image files that we embed into our e-mail newsletters, to learn whether you opened or forwarded the newsletter or clicked on any of the content. This information tells us about our newsletters’ effectiveness and helps us ensure that we’re delivering information that you find interesting.

Local Storage: We use local storage (such as HTML5 or Flash) for frequency capping purposes and to provide you with relevant advertising.

  • We may collect information about your location and your mobile device, including a unique identifier for your device, when you download or use our mobile application.
  • Use of Your Personal Information
  • We may use the information we collect about you (unless otherwise restricted by law) to:
  • Facilitate your purchases and provide the services you request,
  • Confirm and track your order,
  • Respond to your comments, inquiries and requests,
  • Compare and review your information for errors, omissions and accuracy,
  • Prevent and detect fraud or abuse,
  • Provide and improve our services and product offerings, and develop new ones,
  • Improve marketing and promotional efforts, and overall customer experience,
  • Identify your product and service preferences,
  • Offer you personalized content, including by providing customized content and advertising,
  • Understand our customer demographics, preferences, interests, and behavior,
  • Administer and fulfill our contests and other promotions,
  • Process or respond to your application for current or future career opportunities,
  • Contact you regarding products and services (of Edelweiss or our partners) that we believe may be of interest to you
  • Comply with applicable legal requirements and Edelweiss' policies and procedures, and
  • Other uses with your consent.

We may combine the information you provide to us over time and we may combine such information with information that is publicly available, collected through cookies and other technologies, and information that we receive from our partners, affiliates and other third parties.

We value your comments, feedback, testimonials, etc., which help us improve our services and products. By making such submissions to us, you assign your rights in the submissions to us.

Information We May Share with Others

We may share your information, including personal information, as follows:

Edelweiss entities: We may share your personal information with our affiliated entities when it is reasonably necessary or desirable for us to disclose your personal information for the purposes described above.

Service Providers: We may use third-party service providers to perform certain services on our behalf, including: shipping, payment processing, data storage/management, webhosting, fulfillment, assembly, direct marketing, mailing, and emailing.

Special Events: If you choose to participate in a special event (for example, a promotion, contest, or sweepstakes), Edelweiss may share your information with those organizations participating in the applicable event.

Sharing with Other Companies (for their marketing or analytics purposes): We may share your information with other companies or organizations which are not part of Edelweiss. These companies and organizations may use the information we share to provide, or help other companies provide, offers to you, to market products, services or opportunities to you, and to perform data analytics regarding your use of our Services.

Our trusted business partners may also use cookies on our Site for the same general purposes identified in this Privacy Policy, including to improve their own marketing, products or services. Third parties may use cookies and other technologies to collect information about your online activities over time and across different websites. Companies that we share information with may use the information we provide to them, often in combination with their existing information, to provide you with more relevant advertising. You may opt out of receiving personalized advertisements from advertising companies that are members of the Network Advertising Initiative or who subscribe to the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising by visiting http://www.networkadvertising.org/choices and http://www.aboutads.info/choices.

Compliance with Law and Fraud Protection: We may disclose your information: (1) when we believe in good faith that it is necessary to comply with any applicable law, regulation, legal process, or governmental request, such as lawful requests by public authorities, including to meet national security or law enforcement requirements; (2) in order to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person; (3) to other companies and organizations for fraud protection and risk reduction; and (4) to enforce any agreement we have with you.

Business Transfer: Your information may be disclosed as part of any merger, sale of company assets or acquisition, as well as in the event of an insolvency, bankruptcy or receivership, in which case information would be transferred as one of the business assets of the Company.

Aggregate Information: We may, and we may authorize third parties to, create aggregate records from personal information by excluding information that makes the information identifiable. We may use and disclose, and authorize third parties to use and disclose, aggregate non-personal information at our discretion.

Children Under 18

Edelweiss does not knowingly collect personal information from children under the age of 18. If we learn that we have collected personal information from a child under the age of 18, we will delete that data from our systems. Please visit the FTC's website at http://www.ftc.gov for tips on protecting children's privacy online.

Links

Our Site may provide links to third-party websites which are outside our control and not covered by this Privacy Policy. We encourage you to review the privacy policies posted on these (and all) websites.

Security

We utilize a combination of physical and electronic security technologies, procedures, and organizational measures to help protect your personal information from unauthorized access, use or disclosure. While we strive to safeguard your personal information, we cannot guarantee or warrant the security of any information you disclose or transmit to us.

Accessing and Updating Information

If you have created a Edelweiss account you can review and change certain personal information relating to your Edelweiss account at any time by logging on to your account. Otherwise, to learn more, please contact us as set forth below.

Choice/Opt-Out

We want to communicate with you only if you want to continue to hear from us.

To opt out of receiving email promotions that we send you: (1) select "unsubscribe" on our subscription status page and enter the requested information or follow the unsubscribe instructions in any of our promotional emails; or (2) write to our Legal Department at Edelweiss Jewelry, LLC, 350 W 53rd St PHB, New York, NY 10019. To opt out of telephone promotions, you can tell us if/when we call you or you can send us a postal request. To opt out of postal mail promotions, please send us a postal request.

Opting out of communication with us does not affect our communications with you via telephone or email related to your orders with us or other transnational emails.

Where required by law, we obtain your prior opt-in consent at the time of data collection for the processing of (i) personal information for marketing purposes and (ii) personal information deemed sensitive pursuant to applicable law.

Your California Privacy Rights

If you are a California resident and would like a copy of our notice describing what categories of personal information we share with third parties or corporate affiliates for their direct marketing purposes and the names and addresses of the third parties and affiliates that received your information in the past year, please submit a written request to the following address: write to our Legal Department at Edelweiss Jewelry, LLC, 350 W 53rd St PHB, New York, NY 10019. Please allow up to 30 days for us to process your request. You may submit such a request once per year.

Data Protection for Individuals Based in the European Economic Area and Switzerland

For the purposes of personal information that we might receive in the US from the European Economic Area (“EEA”), we have elected to self-certify to the EU-US Privacy Shield Framework administered by the United States Department of Commerce (“Privacy Shield”). As part of the self-certification process, we commit to comply with the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement, and Liability, and a set of supplemental principles (“the Privacy Shield Principles") and to subject all personal information received from the EEA in reliance on Privacy Shield to the Privacy Shield Principles. Additionally, our policies and principles re put in place to comply with GDPR regulations. 

Our Privacy Shield certification applies equally to the following affiliated entities based in the United States: Edelweiss Jewelry, LLC. We also maintain an affirmative commitment to the US-Swiss Safe Harbor Framework and its principles for the processing of personal information received from Switzerland. To learn more about the US-Swiss Safe Harbor program, and to view our certification page, please visit http://www.export.gov/safeharbor.

For the purposes of enforcing compliance with Privacy Shield, we are subject to the investigatory and enforcement authority of the United States Federal Trade Commission. For more information about Privacy Shield, please visit the United States Department of Commerce's Privacy Shield website, located at: https://www.privacyshield.gov.To review the details of our self-certification, see the United States Department of Commerce's Privacy Shield self-certification register, located at: https://www.privacyshield.gov/list. If there is any conflict between the provisions of this Privacy Policy and the Privacy Shield framework itself, the provisions of Privacy Shield shall prevail.

The sections entitled "Collection of Information” and “Use of Your Personal Information” above describe the types of personal information we collect in reliance on the Privacy Shield, the purposes of the data collection and use, the types of third parties to which we disclose the personal information and the purposes of the disclosures, to the extent these sections concern personal information transferred from the EEA to the U.S. If we intend to use your personal information for a purpose that is materially different from the purposes for which it was originally authorized under this Privacy Policy or subsequently authorized, or if we intend to disclose it to a third party acting as a controller not previously identified to you, we will offer you the opportunity to opt-out of such uses and/or disclosures where it involves non-sensitive information. Where sensitive information is involved in the above situations, we will seek to obtain opt-in consent from you unless we can rely on another legal ground as provided in the Privacy Shield Principles.

If we disclose personal information to a third party acting as a data controller or as an agent, we will comply with, and protect the personal information as provided in, the Accountability for Onward Transfer Principle under the Privacy Shield. We are responsible and liable under the Privacy Shield if third-party agents that we engage to process the personal data on our behalf do so in a manner inconsistent with the Privacy Shield, unless we prove that we are not responsible for the event giving rise to the damage.

You are entitled to ascertain if we process any personal information relating to you and, if so, to access any such data and/or to request that we correct, amend, or delete it if it is inaccurate or processed in violation of the Privacy Shield Principles, except where the burden or expense of providing access would be disproportionate to the risks to your privacy in the case in question, or where it would violate the rights of someone other than the individual requesting access. If you would like to ascertain if we process any personal information relating to you or to request access to, correction, amendment, or deletion of your personal information, you can submit a written request to the contact information provided below. We may request specific information from you to confirm your identity and, in some circumstances, we may charge a reasonable fee for access to your information.

We will respond to any queries or complaints regarding the use or disclosure of your personal information within 45 days of receiving your query or complaint.

How to Contact Us

Unless otherwise stated, we are a data controller for personal information we collect subject to this Privacy Policy. If you have any questions or wish to email or register a complaint in relation to this Privacy Policy or the manner in which your personal information is used by us, please contact our Compliance Officer by any of the following means:

Telephone: (347) 560-3194

Email: concierge@edelweiss.jewelry

Post: Edelweiss Jewelry, LLC

Legal Department

425 W 53rd PH8

New York, NY 10019