These Terms and Conditions apply to Borgioni LLC and www.borgionis.com. For the purposes of the following Terms and Conditions all references to Borgioini LLC include www.borgionis.com and Borgioni LLC.
Orders may be placed online at www.borgionis.com by parties who may lawfully enter into binding agreements under the laws of the State of Florida. Orders will be confirmed within 24-48 hours during normal business days by a sales representative. Most items will ship within 5 business days provided the items are in stock. If an item is not in stock, a representative will contact you with an estimated delivery date. If we are unable to reasonably acquire additional stock, we will advise you as soon as possible via email and refund the full purchase price to your credit/debit card within thirty days. Estimated delivery times for items not in stock are usually between 4-6 weeks. You will be notified via email when your order ships. All shipments are FOB Shipping Point.
Orders placed during holiday seasons, high volume orders or one of a kind pieces can take longer then the allotted time window. A sales representative will notify you if the production time is longer than usual.
To make a purchase, you must be 18 years of age or older, use a valid credit/debit card by a bank acceptable to us, and lawfully authorize us to process any such charges to your credit/debit card in the amount of the total purchase price, including shipping, for the goods and/or services purchased. You represent and warrant that the credit/debit card account that is being used is yours or that you have been specifically authorized by the owner of the account to use it.
Purchases shall be for personal non-commercial use only. If you wish to purchase our items for wholesale distribution, please contact us directly at [email protected] before placing your order.
Sales tax is applicable on all orders shipped within Florida at the current local rate. Orders shipped outside of Florida will not be charged for sales taxes unless we are required to do so by law.
We attempt to fulfill orders placed from outside the United States. If you would like to make a purchase from outside the U.S., or want goods delivered outside the U.S., please contact us at [email protected] before you place an order. We will do our best to fulfill your purchase. All prices shown on the Site are in US Dollars, exclusive of taxes. If your credit/debit card is not denominated in US Dollars, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction. Orders placed from, or for delivery to outside the US will be shipped subject to all applicable taxes, duties and tariffs. You must ascertain all such costs and expenses from your local customs authority prior to purchase completion and failure to do so will not constitute a basis for a refund. You are fully responsible for the direct payment of all taxes, tariffs and duties.
RETURNS & EXCHANGES
All sales are final. Unfortunately, we are not able to provide refunds for any item. If you need to exchange a defective item, you must contact [email protected] within 24 hours of receiving the goods and return any such defective goods within 14 days of receiving your order. Exchanges must be returned unused, in the original packaging, and with all Borgioni LLC tags still attached.
Product imagery may be subject to change without notice. All products are shot to show as much detail as possible, some products may appear larger or smaller than their actual size. Be aware every computer monitor has different settings so color and size may vary.
All total carat weight provided is estimated and can be within .05 carats of the stated weight. Carat weight for standard size rings is based on a US size 6 3/4. All rings can be ordered in the requested size. Once a ring is sized it is non-returnable.
We make every attempt to ensure that our Site is as accurate and as complete as possible. Unfortunately, it is not possible to ensure that it may not be completely free of human or technological errors. We reserve the right to correct any errors, inaccuracies or omissions -including after an order has been submitted- and to change or update information at any time without prior notice. Prices and descriptive information or imagery are subject to change without notice. If a product's listed price is lower than its actual price, we will contact you prior to processing the order to confirm the new price. Should you not want to continue with your order at this time, it will be cancelled. We will not honor inaccurate or incorrect pricing. We do not negotiate the prices of our products.
DISCLAIMER OF LIABILITY
Except as expressly provided to the contrary in a writing by Borgioni LLC, all goods, services and the Content contained in this Site are provided on an “as is” basis without warranties of any kind, either express or implied. To the full extent permissible by law, Borgioni LLC disclaims all other warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement as to the information content, and materials in the Site. Borgioni LLC does not represent or warrant that materials in our site or the services are accurate, complete, reliable, current or error-free. It is also agreed that Borgioni LLC and our corporate affiliates, directors, officers, employees, agents, contractors, successors and assigns will not be liable in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise for any economic losses (including without limitation, loss of revenues, profits, contracts, business or anticipated savings), or any special, indirect or consequential losses in any case. This limitation of liability applies to direct, indirect, consequential, special, punitive or other damages you or others may suffer, even if we are notified in advance of the potential for any such damages. You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of this Site and any information provided to or taken from this Site by you.
To help ensure that your shopping experience is safe, simple and secure Borgioni LLC uses Secure Socket Layer (SSL) technology. We also take reasonable care, to keep the details of your order and payment secure, but in the absence of gross negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.
INTELLECTUAL PROPERTY RIGHTS
All copyrights, designs, descriptions, photographs and other works that appear on the Site (“Content”), all trademarks, trade dress, slogans and all other intellectual property rights appearing on our Site, all HTML and other code contained in this Site, and the designs of the goods sold are and shall remain the sole and exclusive property of Borgioni LLC and/or their respective owners. All such rights are protected by international, federal and state law. Any reproduction or redistribution of the above listed Content and/or goods is expressly prohibited without the prior written permission of Borgioni LLC
THIRD PARTY LINKS
DISPUTE RESOLUTION: SMALL CLAIMS OR BINDING ARBITRATION
Any dispute, controversy, interpretation or claim including claims for, but not limited to, breach of contract, any form of negligence, fraud, or misinterpretation arising out of, from or related to, this agreement (“Disputes”), shall be, if the aggregate of all asserted damages is less than one thousand US dollars ($1000.00) decided solely in the Florida Small Claims Court located on Hillsborough County, Florida. Otherwise, all such Disputes shall be decided by Binding Arbitration, as conducted by JAMS, or any other dispute resolution service mutually agreed upon by the parties, pursuant to the expedited rules and procedures of the American Arbitration Association. Any and all such proceedings shall be held exclusively in Hillsborough County, Florida. All parties waive any right to commence, be a party to or an actual or putative class member of any class or collective action arising out of or relating hereto. If the dispute is submitted to Binding Arbitration, the decision of the Arbitrator appointed hereunder shall be final and binding and the enforcement of the Arbitration Award may be entered in any Court or administrative tribunal having jurisdiction thereof.
We reserve the right not to accept, and/or to cancel, orders placed in violation of the TOS, in the case of certain contingent events, including but not limited to our inability to obtain authorization for payment, various shipping related restrictions as to particular items(s), acts of God, insurrection, lack of stock, or that you do not meet the eligibility criteria set-out within the TOS. We may also refuse to process an order for any reason or refuse service to anyone at any time at our sole and exclusive discretion. Borgioni LLC shall not be liable to you and/or any third party as a result of our adding or removing any goods or content from the Site, refusing to process, cancelling and/or revoking a transaction for any reason whatsoever.
This Agreement constitutes the entire legal agreement between you and Borgioni LLC and completely replaces any prior agreements between you and Borgioni LLC. You agree that you will comply with all of the provisions of the TOS. You understand that you are solely responsible for (and that Borgioni LLC has no responsibility to you or to any third party for) any breach of your obligations under the TOS and for the consequences including any loss or damage which Borgioni LLC may suffer) of any such breach. No failure by Borgioni LLC to enforce any legal right or remedy which is contained herein shall be deemed a waiver of Borgioni LLC’s rights as to any other right or remedy. If any court of competant jurisdiction rules that any provision of these TOS is invalid, then that provision will be removed from the TOS and the remaining provisions of the TOS will continue to be valid and enforceable.
The TOS, and your relationship with Borgioni LLC shall be governed by the laws of the State of Florida. You and Borgioni LLC agree to submit to the exclusive jurisdiction of the State and Federal courts in Hillsborough, Florida and waive any claim or defense of inconvenient forum or lack of personal jurisdiction in such forum under any applicable law or decision or otherwise.