Terms &Conditions


Welcome to the www.brascojewelry.com (hereinafter “Website“). The Website is managed and operated by “Brasco Jewelry Designers LLC”, a New York Limited Liability Company (hereinafter: “Brascojewelry” or “We”). Access and use of this Web site is provided by Brascojewelry to you on condition that you accept these Terms of Use, and by accessing or using this Web site, you agree to these Terms of Use. If you do not agree to accept and abide by these Terms of Use you should not access or use this Web site.

Brascojewelry may revise and update these Terms of Use at any time and without notice. You are cautioned to review the Terms of Use posted on the Web site periodically. Your continued access or use of this Web site after any such changes are posted will constitute your acceptance of these changes.

You may not interfere with the security of, or otherwise abuse this Web site or any system resources, services or networks connected to or accessible through this Web site. You may only use this Web site for lawful purposes.

The Use of the Website

By registration for this Website and use of Brascojewelry services, you acknowledge you have been given the opportunity to review, and you manifest your agreement to these Terms of Use, and all incorporated policies including the Purchase Terms, Seller Agreement, DMCA Policy and to our Privacy Policy.

You may use the Website and Services for personal purposes only. You may not copy and use, or permit others to use, in any other way, the contents of the Website, including on any other websites, electronic publications, printed publications etc., for any purpose, whether commercial or non-commercial, which is not for personal and private use.

By using this website you agree to the essential terms contained herein, and you agree that you are not allowed to run any computer application or any other crawl tool (e.g robots software) in order to search, scan, copy or automatically retrieve Contents of the Website. You may not create or use such tools in order to create any compilation, collection or data base containing Content from the Website. If you are unwilling to abide by these terms and those hereunder please cease use of this website.

Privacy Policy

Brascojewelry respects your privacy. The current privacy policy is located at privacy-policy and constitutes an inseparable part of these Terms of Use. Please note that the privacy policy may be updated from time to time, Brascojewelry recommends that you read it periodically.

Accuracy of Website

Brascojewelry updates the information on this Web site regularly. However, Brascojewelry cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this Web site. Brascojewelry may revise, supplement or delete information, services and/or the resources contained in the Web site and reserves the right to make such changes without prior notification to past, current or prospective visitors.

Linked Web Sites

This Web site may provide links to third party Web sites for your convenience only. The inclusion of these links does not imply that Brascojewelry monitors or endorses these Web sites. Brascojewelry does not accept any responsibility for such Web sites. Brascojewelry shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third party Web sites or linked resources.

Intellectual Property

All materials (including the organization and presentation of such material) on this Web site (the “Materials”) are the property of Brascojewelry and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names, and other similar rights.

Unless you have entered into a separate agreement with Brascojewelry, such as a Content License Agreement, any other use of these Materials without Brascojewelry’s written permission is prohibited.

The Materials may only be used and copied for your own, non-commercial, personal or educational purposes, provided that the Materials are not modified and that copyright and other intellectual property notices are not deleted. You may not create derivative works from or otherwise exploit the Materials in any way.

Purchase terms

When purchasing a product or service at the Website you declare the following:

You are over 18 years old and able to enter into a contract in the jurisdiction in which you reside.
You understand and agree that Brascojewelry uses a third party payment processor (Payeezy or Paypal), your payment information is not stored on this website. We require that you agree to their terms of service.
Brascojewelry provides a platform for Sellers to market their Content to customers; Brascojewelry is not a party to the agreement, and merely acts as facilitator. Although we require our Sellers and related third parties to adhere to certain standards, Brascojewelry is not responsible for the accuracy or correctness of the product, or design purchased from the Website.
The product you receive from this Website may be protected by copyright. You may not transfer or sell the purchased content to any third party.
Brascojewelry does not undertake to act as the arbiter of disputes between Sellers and customers. Refunds are not offered as a matter of policy, however, we ask that you contact us, where you may be referred to our third party payment processor, the Seller, or in certain instances, at our sole discretion, Brascojewelry may take remedial measures to ensure customer satisfaction.
Seller Agreement

The current Seller Agreement is located at seller-agreement and constitutes an inseparable part of these Terms of Use. Please note that the seller agreement may be updated from time to time, we recommend that you read it periodically.

Disclaimer

Brascojewelry does not undertake that its services shall operate without disruption or interruption or be provided regularly, function safely and without error, or be immune to unauthorized access to Brascojewelry computers or to damage, malfunctions, failures and defects – in hardware, software, communication lines and systems, at Brascojewelry or at any of its providers.

Sale and Promotion

The sale runs till stock lasts. Duration of sale is in the sole discretion of Brascojewelry.
The products can be removed/changed/added under the Sale category and the discounted prices can also be changed. It will be in sole discretion of Brascojewelry.
No return or exchange will be accepted on the sales items.
In case of any further query regarding the sale, please email at infosc@brascojewelry.com.
Brascojewelry reserves the right, at any time, to amend/add/remove/modify (in whole or part) any of the terms & conditions of sale, or to replace, wholly or in part, this promotion by another promotion, whether similar to this promotion or not, or to withdraw it altogether, and Brascojewelry decision in this regard shall be final and requires no intimation to the customer of any sort.
Brascojewelry reserves the right to extend or terminate the sale, without further information at any point of time.

Web Site and Materials Provided "As-Is"

THIS WEB SITE AND THE MATERIALS ARE PROVIDED "AS IS" WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. Brascojewelry DOES NOT REPRESENT OR WARRANT THAT THIS WEB SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.

Limitation of Liability

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEB SITE AND THE MATERIALS INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.

IN NO EVENT SHALL Brascojewelry OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS WEB SITE, THE MATERIALS OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

IN ANY EVENT, THE TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT OR OTHERWISE, ARISING OUT OF YOUR USE OF THIS SITE, ITS CONTENT OR LINKS, SHALL NOT EXCEED THE AMOUNT OF THE PURCHASED CONTENT OR $1 IN CASE NO PURCHASE WAS MADE.

SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnification

You fully indemnify Brascojewelry, its employees, managers or anyone on its behalf, for any damage, loss, loss of profits, payment or expense they will incur – including reasonable legal fees and trial costs – due to the violation of these Terms of Use. Furthermore, you will indemnify Brascojewelry, its employees and managers or anyone on its behalf, for any claim, suit and/or demand made against them by any third party as a result of contents you posted on the Website and of links you created to the website.

Notice and Procedure for Making Claims of Infringement

Brascojewelry, respects the copyright of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Brascojewelry with a written communication addressed to our Project Manager including substantially the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
Description of the copyrighted work or other intellectual property that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Web site;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Please address your letter, as follows: 
“Brasco Jewelry Designers LLC”
4300 Bedford Ave,
Brooklyn,New York,NY 11229-4915 
Email: infosc@brascojewelry.com

Feel free to email Brascojewelry. However, the Internet is not a fully secure medium and any communication may be lost, intercepted or altered. Brascojewelry is not liable for any damages related to communications to or from this Web site. You agree with respect to any information provided by you to us through this Web site or via e-mail that:

Brascojewelry has no obligation concerning such information;
The information is non-confidential;
Brascojewelry may use, disclose, distribute or copy the information and may use any ideas, concepts or know-how contained in the information for any purpose without compensation;
The information is truthful and disclosure of the information does not violate the legal rights of others.

Changes in the Website and Termination of Services

Brascojewelry may, from time to time, change the structure, display and design of the Website and the scope and availability of the services offered, charge payment for such contents and services at its discretion and change any other aspect related to the Website – all without any need for prior notification. Such alterations shall be performed, among others things, while taking into account the dynamic nature of the Internet and the technical and other changes which may occur from time to time. By their very nature, such changes may entail malfunctions and/or may initially cause inconvenience, etc. You will have no claim, suit and/or demand against Brascojewelry as a result of the execution of such changes and/or of malfunctions deriving from their execution.

Software Malfunction or Website Interruption

Brascojewelry will make its best efforts to maintain its products and services as operational at all times. We are not liable for any known or unknown interruptions in our products, the website or its services. You agree to defend, indemnify and hold harmless Brascojewelry, its employees, directors, shareholders, members, officers, agents, subsidiaries and affiliates from any and all claims, losses, damages, causes of action, liabilities and expenses (including reasonable attorneys’ fees) related to or arising out of any software malfunctions or website service interruption, including without limitation claims made by third parties related to your use of the site.

Computer Viruses

Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Web site. Computer viruses or other destructive programs may also be inadvertently downloaded from this Web site. Bracojewelry shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Web site or your downloading of any of the Materials from this Web site. Brascojewelry recommends that you install appropriate anti-virus or other protective software.

Contact Us

Brascojewelry strictly obeys the provisions of the law and respects the right of users of the Website and others to privacy and to a good reputation. If you think that any Content posted on the Website injures you for any reason, please contact us according to the following details and we will make efforts to handle your claim as soon as possible.

Updated: October 1st 2017