PLEASE READ THIS AGREEMENT CAREFULLY
Thank you for utilizing FD Gallery LLC. ("FD Gallery"). This agreement governs your use of this website ("Site"). If you are not satisfied with the terms contained herein ("Agreement"), you may simply refrain from using this Site or cancel your account without obligation.
The following terminology applies to these Terms and Conditions: "We", "us" and "our" refer to FD Gallery. "User," "you" and "your" refers to you, the client, or a site visitor. "Terms" refers to these Terms and Conditions. "Content" refers to the text, abstracts, metadata, software, scripts, graphics, logos, files, images, photos, sounds, music, videos, interactive features, information, documents and the like.
SHIPPING/WHEN PAYMENT IS DUE/RETURNS / REFUNDS
SHIPPING
All orders are shipped, fully insured, for a flat fee of
$95.00 per shipment (within the United States) and
$250 per shipment (outside of the United States). FD Gallery reserves the right to change this fee in its sole discretion. You are responsible for all applicable local taxes and fees, custom duties, import taxes and local clearance fees applicable for your country.
Shipping is currently not possible to Cuba, Iran, North Korea, Sudan, Syria and any other country that is, at the time of shipping, subject to US or international embargoes.
Shipping may be restricted due to material composition and may be held in customs at your country.
Shipments are sent Monday thru Friday only, excluding holidays. Please allow 2 business days for your order to be processed. Any orders placed after 3pm EST will be processed in the next business day. You must sign for all orders on delivery. International orders can be shipped only to the matching billing address with the credit card that is used.
WHEN PAYMENT DUE
All purchases must be paid for in full at the time an order is placed.
RETURN/REFUND POLICY
If you are not completely satisfied with your online purchase, then you may return your item FOR STORE CREDIT ONLY within ten (10) business days from the postmarked date that your item was delivered or notice left for retrieval.
If you are located within the Greater New York City Area (the five boroughs of New York City, Nassau, Suffolk and Westchester Counties in New York and Bergen County, NJ) and elect to purchase your item online rather than in-store then you will be subject to the same return policy as in-store purchases. You may return your item within ten (10) business days from the postmarked date that your item was delivered or notice left for retrieval for a STORE CREDIT ONLY.
All returns must be accompanied by a receipt and the item must be in the same condition as when it left our store with all the appropriate tags intact. The amount of the refund, which will be in the form of store credit, will be for the full amount less any shipping cost incurred by FD Gallery. You will be responsible for return shipping and insurance costs when sending the item back to FD Gallery. Unfortunately, store credit for returns will not be issued if your item isn't received back within the days mentioned above. If you send an item back that is outside of the days allotted per our return policy, then you will be responsible for shipping cost to have the item returned to you.
Items that have been made to order or engraved are FINAL SALE.
WEBSITE TERMS & CONDITIONS
By using the FD Gallery website, you are deemed to have read and accepted the following Terms and agree to comply with and be bound by all applicable laws and regulations, including United States export and re-export control laws and regulations.
It is your responsibility to review these Terms periodically.
IF AT ANY TIME YOU FIND THESE TERMS UNACCEPTABLE OR IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THIS SITE. We may revise these Terms at any time without notice to you. If you have any questions about these Terms, please contact us at info@fd-gallery.com.
YOU AGREE THAT BY USING THE SITE AND, IF APPLICABLE, REGISTERING FOR AN ACCOUNT, YOU ARE AT LEAST 18 YEARS OF AGE, AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
Please also refer to FD Gallery’s
Privacy Policy, which are incorporated by reference into this Agreement and which may also be revised at any time without notice to you.
USE OF THE SITE
Subject to the Terms, FD Gallery hereby grants you a limited, nonexclusive, revocable, non-transferable and non-sublicensable right to access, display, and view the Site and the Content for personal, non-commercial use. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
User shall abide by all copyright notices, information, and restrictions contained in any Content accessed through this Site.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of its Content unless expressly permitted by FD Gallery in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by FD Gallery in advance and in writing. FD Gallery reserves the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if FD Gallery believes that client conduct violates applicable law or is harmful to FD Gallery’s interests.
FD Gallery may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the Terms, and FD Gallery has no obligation to investigate the authorization or source of any such access or use of the Site.
YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify FD Gallery of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.
USER SUBMISSIONS
The Site may permit the upload, submission, and distribution of texts, images, material, information, and communications by you and other users ("User Submissions"). You understand that whether or not such User Submissions are published, FD Gallery does not guarantee any confidentiality with respect to any such submissions.
By submitting the User Submission(s) to this Site, or displaying, publishing, or otherwise posting any content on or through the Site, you hereby grant FD Gallery a worldwide, non-exclusive, royalty-free, fully paid, sublicenseable and transferable license to use, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submission(s) in connection with the Site and FD Gallery's (and its successors and assigns) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Site a non-exclusive license to access the User Submission(s) through the Site, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Site. For clarity, the foregoing license grant to FD Gallery does not affect your other ownership or license rights in your User Submission(s).
You shall not upload, submit, distribute, or otherwise publish through this Site any texts, images, communications, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
You shall not submit any "deep-link," "page-scrape," "robot," "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access, acquire, copy, or monitor the Site or any portion of the Content.
Content provided on this site is solely for informational purposes. User Submissions or opinions expressed on this Site are that of the individual expressing such User Submission or opinion and may not reflect the opinions of FD Gallery.
You shall be responsible for your User Submissions and the consequences of posting or publishing them. You agree that FD Gallery has no liability with respect to any User Submissions, including, without limitation, your own User Submissions. You hereby release FD Gallery and its officers, directors, employees, agents, representatives and affiliates, from any and all liability arising out of or relating to User Submissions or any part thereof.
FD Gallery reserves the right to decide whether a User Submission is inappropriate or violates this Agreement, including but not limited to copyright infringement, violations of intellectual property law, pornography, obscene or defamatory material, or excessive length. FD Gallery also reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages and User Submissions) by you, or to restrict, suspend or terminate your access to all or any part of the Site at any time, for any or no reason, with or without prior notice. Notwithstanding the foregoing, FD Gallery assumes no responsibility for monitoring the Site for inappropriate content or modifying or removing such content from the Site.
OWNERSHIP
This Site is owned and operated by FD Gallery. All right, title and interest in and to the Content provided on this Site are owned either by FD Gallery, developers or vendors ("Third Party Providers"). Except as otherwise expressly provided by FD Gallery, none of the Content may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site shall be construed to confer any license under any of FD Gallery’s intellectual property rights, whether by estoppel, implication or otherwise. You must contact us if you have any questions about obtaining such licenses. FD Gallery does not sell, license, lease or otherwise provide any of the Content other than those specifically identified as being provided by FD Gallery. Any rights not expressly granted herein are reserved by FD Gallery.
REGISTRATION
In order to enjoy all the benefits of FD Gallery, you should register for an account. Registration is easy, and there is no purchase or commitment to register. Simply use your valid email address and create a password to register your profile. All information that you provide to register with FD Gallery is subject to our
Privacy Policy.
BILLING AND PAYMENTS
Paying By Credit Card
When you place your first order, please note that we will
not save your credit or debit card information, unless you opt to have us do so. If you elect to have us save your credit card, it will be the default method of payment on any future shipments, unless you elect to purchase with a different form of payment. We accept the following credit cards at this time: American Express, VISA, MasterCard and Discover Card.
Paying by PayPal, Stripe and bank wires.
We now accept PayPal, Stripe and bank wires as a form of Payment.
Proof of sent bank wires must be received within 3 days of purchase. The item will not ship until your bank wire has cleared the bank. This takes approximately 1 to 3 business days. The item will be on hold until this occurs. Sales tax of 8.875% will be added to all items shipped in New York. Please contact us for bank wire details.
Using Store Credit
FD Gallery store credit can be redeemed on all purchases, and can be applied to shipping, processing fees, and taxes. Unused credit may be forfeited if you choose to cancel your FD Gallery account. FD Gallery reserves the right to change these terms and conditions at our discretion.
Agreement Changes
We may in our discretion change these Terms, FD Gallery's
Terms and Conditions and/or FD Gallery’s
Privacy Policy without notice to you. WE WILL POST MATERIAL CHANGES TO SUCH TERMS AT THIS WEBSITE AND ENCOURAGE YOU TO CHECK BACK FREQUENTLY. YOUR CONTINUED ISE OF THE SITE AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES.
Contracting Party, Choice of Law, Location for Resolving Disputes, Contact Information
This Agreement is between you and FD Gallery LLC. Communications may be directed to: FD Gallery, 26 East 80th Street, New York, NY 10075;
info@fd-gallery.com; 212.772.2440. The laws of the state of New York govern the interpretation of this Agreement and any disputes arising in connection with it, regardless of conflict of laws principles. Any claim or dispute between you and FD Gallery that arises out of or relates to this Agreement shall be resolved by binding arbitration to be held in New York City pursuant to these Terms. You hereby agree to waive any right to trial by jury in any dispute.
LOCAL TAXES
You may be charged local sales tax, if applicable.
INTERNATIONAL ACCESS
This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States, you are responsible for complying with your local laws and regulations.
DISCLAIMER AND LIMITATION OF LIABILITY
EXCEPT AS OTHERWISE PROVIDED IN THE STANDARD TERMS OF SALE THAT GOVERN THE SALE OF EACH PRODUCT ON THIS SITE, THE PRODUCTS OFFERED FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY FD GALLERY ON AN "AS IS" BASIS. FD GALLERY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE EXCEPT AS PROVIDED HEREIN. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FD GALLERY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. FD GALLERY DOES NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FD GALLERY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW FD GALLERY TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO FD GALLERY DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO FD GALLERY’S LIABILITY.
AUTHENTICATION AND CERTIFICATION
YOU ACKNOWLEDGE AND AGREE THAT FD GALLERY’S AUTHENTICATION AND GEMOLOGICAL PROCESSES ARE IN-HOUSE AND INDEPENDENT. BRANDS IDENTIFIED ON THE SITE ARE NOT INVOLVED IN THE AUTHENTICATION OF THE PRODUCTS BEING SOLD, AND NONE OF THE BRANDS SOLD ASSUMES ANY RESPONSIBILITY FOR ANY PRODUCTS PURCHASED FROM OR THROUGH THE WEBSITE. BRANDS SOLD ON THE SITE ARE NOT PARTNERED OR AFFILIATED WITH FD GALLERY IN ANY MANNER. HOWEVER, FD GALLERY FULLY COOPERATES WITH BRANDS SEEKING TO TRACK DOWN THE SOURCE OF COUNTERFEIT ITEMS, WHICH INCLUDES REVEALING THE CONTACT INFORMATION OF CONSIGNORS SUBMITTING COUNTERFEIT GOODS. WITH RESPECT TO JEWELRY, PRECIOUS STONES AND SEMI-PRECIOUS STONES, FD GALLERY PERFORMS SUCH IN-HOUSE INSPECTION AS IT DEEMS PROPER AND DOES NOT ENGAGE THE SERVICES OF A GIA-CERTIFIED APPRAISER, EXCEPT AS SPECIFICALLY NOTED ON THE SITE.
INDEMNITY
You will indemnify and hold harmless FD Gallery from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by FD Gallery and such parties, and shall defend FD Gallery and such parties against any and all claims arising out of (1) your breach of these Terms and Use; (2) your breach of the Terms of Service; (4) fraud you commit, or your intentional misconduct or gross negligence; or (5) your violation of any applicable U.S. of foreign law or the rights of a third party. FD Gallery will control the defense of any claim to which this indemnity may apply, and in any event, you shall not settle any claim without the prior written approval of FD Gallery.
FORCE MAJEURE
FD Gallery shall be excused from performance under these terms of service, to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (1) weather conditions or other elements of nature or acts of God, (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (3) quarantines or embargoes, (4) labor strikes, or (5) other causes beyond the reasonable control of FD Gallery. In the event that FD Gallery is temporarily unable to ship to you a purchased item because of such an event, FD Gallery will give you the option of deferring shipment or receiving a refund of your charges.
TYPOGRAPHICAL ERRORS
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing, FD Gallery shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. FD Gallery shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, FD Gallery shall immediately issue a credit to your credit card account in the amount of the charge.
REMEDIES
You agree that FD Gallery's remedy at law for any actual or threatened breach of this Agreement would be inadequate and that FD Gallery shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that FD Gallery may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.
No right or remedy of FD Gallery shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses.
No instance of waiver by FD Gallery of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.
LINKS TO THIRD PARTY SITES
This Site may contain links to websites controlled by parties other than FD Gallery (each a "Third-Party Site"). FD Gallery may work with certain partners and affiliates whose sites are linked with FD Gallery. FD Gallery is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any web site accessed from a Third Party Site or any changes or updates to such sites. FD Gallery makes no guarantees about the content or quality of the products or services provided by such sites. FD Gallery is not responsible for webcasting or any other form of transmission received from any Third Party Site. FD Gallery is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by FD Gallery of the Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that FD Gallery is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.
ADDITIONAL TERMS
If you do not wish to be bound by this Agreement, please see above for how to cancel your account. Your edits or changes to either the online or offline versions of this Agreement or an account offer will not be effective, regardless of form.
You must provide and keep us up to date with accurate account information, including your name, address, credit card number and expiration dates. You agree that we may update your information with information your bank or credit card issuer may supply, or other information available to us. All such personal information is subject to the FD Gallery Privacy Policy, incorporated into this Agreement. We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your credit card issuer reverses a charge to your credit card, we may bill your account directly and seek payment by another method including a mailed statement.
