Privacy Policy and Terms and Conditions

1928 Jewelry Company Privacy Policy

Effective [September 3, 2024]

Scope of This Policy
Agreement to Terms
Information We Collect
Cookies
Children’s Privacy
Our Use of Personal Information
Our Disclosure of Personal Information
Your Privacy Choices
Security
Additional Disclosures for Residents of Canada
Additional Disclosures for Residents of the European Union (EU) and the United Kingdom (UK)
Additional Disclosures for Residents of Australia and New Zealand
Additional Disclosures for Residents of Japan
Additional Disclosures for Residents of Mexico
Links to Other Websites
Effective Date and Changes to This Privacy Policy
How to Contact Us

1. Scope of This Policy

Mel Bernie & Co., Inc. d/b/a 1928 Jewelry Company (“1928 Jewelry Company,” “we,” “us,” “our”) respects your privacy and values your trust. The purpose of this Privacy Policy is to inform you of the treatment and handling of personal information that we may learn about you from using our website at https://www.1928.com (the “Site”), from purchasing products and services from us or engaging with our content, or by use of any of our services (collectively, the “Service”). If you have any questions regarding this information or our privacy practices, please contact us via the methods set out in the How to Contact Us section at the end of this Privacy Policy.

2. Agreement to Terms

By using or accessing our Service in any manner, you acknowledge that you accept the practices and policies outlined below, and you hereby consent to our collection, use and disclosure of your information as described in this Privacy Policy. If you do not agree with the terms of this Privacy Policy and our Terms of Use , then you should immediately discontinue use of the Service without providing us with any personal information.

3. Information We Collect

We may collect the following categories of personal information (a) directly from you (such as when you create an account, place an order, or contact us), (b) from third-parties, such as when we handle shipping for our retail partners, (c) from the device and browser that you use to access the Service, and (d) from cookies and similar technologies.

Identifiers

We may collect your first name, last name, alias, postal address, phone number, email address, and account password.

Financial and Transactional Information

We may collect payment details (such as credit or debit card information), billing address, and order history.

User-generated Content

We collect the information and content of communications that you share through the Service. This may include product reviews and photographs that you submit to the Site, as well as correspondence and survey responses that you send to us.

Demographics and Characteristics

We may collect your age or birthdate. We may use this information to wish you a happy birthday or to send you a birthday gift or coupon code.

Audio-Visual Information

We may collect any photographs that you choose to upload as part of your product review.

Device Information

We may collect device information when you visit our Site. Device information may include your device type, browser type, online and/or unique identifiers, IP address, geolocation information.

Internet Activity

We may collect information concerning your interaction with the Site, including when you access the Site and your browsing activity on the Site (such as which pages you visit, in what order, and for how long). This may also include “traffic data” or tracking information provided by the Site’s host or similar providers (e.g., Google Analytics) that may be helpful for marketing purposes or for improving the Site.

You are not required to provide all personal information identified in this Privacy Policy to use our Service or to interact with us, but certain functionality will not be available if you do not provide certain personal information. For example, if you do not provide certain personal information, we may not be able register an account, process your orders, deliver products you have purchased, or respond to your requests.

4. Cookies

We store certain information that gets collected automatically at our end through cookies and other similar technologies. A cookie is a small string of information that a website that you visit transfers to your browser for identification purposes. Cookies can be used to follow your activity while using a website or across websites, and that information helps companies understand your preferences and tendencies, as well as improve and personalize your website experience. Some cookies are necessary to operate a website, while others can be functional, analytical, or used for marketing purposes, including targeted advertising (as discussed in more detail below). Cookies on the Site are generally divided into the following categories:

Strictly Necessary Cookies. These are required for the operation of the Site. They include, for example, cookies that enable you to log into password-protected portions of the Site. These cookies are session cookies that are erased when you close your browser.
Analytical/Performance Cookies. These allow us to recognize and count the number of visitors to the Site and understand how such users navigate through the Site (e.g., when and which pages are visited, in what order the pages are visited, and where a user is located).

We also use Google Analytics for part of this process. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners/. Google provides users with the ability to prevent their data from being used by Google Analytics—learn more by going to https://tools.google.com/dlpage/gaoptout.

Functional Cookies. These improve the functional performance of the Site and make it easier for you to use. For example, cookies are used to remember that you have previously visited the Site and asked to remain logged into it (e.g., this saves your username). These cookies qualify as persistent cookies because they remain on your device for use during your next visit to the Site. You can delete these cookies as detailed below.
Targeting Cookies. These record your visit to the Site and the pages you have visited and the links you have followed, to recognize you as a previous visitor, and to track your activity on the Site and other websites you visit. These cookies are used to display ads on other websites based on your visits to our Site and other online activity. These cookies qualify as persistent cookies because they remain on your device. We use advertising networks to advertise on third-party websites and you may opt-out or change your preferences for each of these services as detailed below:

X (formerly Twitter): You may opt-out of X’s/Twitter’s interest-based ads by following the instructions at https://support.twitter.com/articles/20170405.

Facebook: You may opt-out from Facebook’s interest-based ads by following the instructions at https://www.facebook.com/help/568137493302217.

Instagram: For more information about Instagram’s cookies, including how to opt-out, visit https://privacycenter.instagram.com/policies/cookies/.

Third Party Cookies

We use Shopify to power our online store. Shopify uses certain strictly necessary cookies to enable the online store to function properly as well as analytical/performance cookies. For more information regarding Shopify’s cookies, visit https://www.shopify.com/legal/cookies.

In addition, Pinterest uses certain cookies for marketing purposes. For more information about Pinterest’s cookies, visit https://policy.pinterest.com/en/cookies.

You can also prevent the use of certain cookies by modifying your Internet browser settings, typically under the sections “Help,” “Internet Options,” or “Settings.” If you disable or delete certain cookies in your Internet browser settings, you may still access our Site, however, you might not be able to access or use important functions or features of our Site, and you may, for example, be required to re-enter your log-in details.

Do-Not-Track Signals

To the extent possible, we honor Do Not Track (“DNT”) browser settings by following the recommendations made by the World Wide Web Consortium.

5. Children’s Privacy

The Service is not intended for users under the age of 16 and 1928 Jewelry Company does not knowingly collect personal information from individuals under the age of 16. If you are aware of, or suspect that, someone under the age of 16 is using the Service without permission, please notify us immediately by contacting us as detailed in the How to Contact Us section below. If you have questions or concerns about the Internet and privacy for your child, we encourage you to check out the FTC Guidelines for protecting your child’s privacy online.

6. Our Use of Personal Information

We collect and use your personal information for the following purposes:

Providing the Service to you and providing products or services requested by, or reasonably anticipated within the context of our relationship with, you;
Managing our relationship with you, and responding to your inquires or requests, and requesting feedback;
Providing relevant promotional materials or other marketing;
Administering promotions, events, or surveys;
Keeping track of your shopping cart;
Keeping track of login names/passwords;
Tailoring web content/advertisements to your interests;
Analyzing use of the Site;
Detecting security incidents and protecting against malicious, deceptive, fraudulent, or illegal activity, or prosecuting those responsible; and
Complying with legal and regulatory obligations.

7. Our Disclosure of Personal Information

We may share your personal information with the following third parties:

Service providers, including payment processors, shipping companies and web hosting providers. In some instances, service providers will be directly responsible to you for their use of your personal information. They may be obliged by law to provide you with additional information regarding the personal information that they hold about you and how and why they process that information. Further information may be provided to you in a separate notice or may be obtained from such service providers directly, for example, via their websites.
Other users and the public, such as when you post a product review to the Site.
Advertising networks to provide you with relevant marketing.
Advisers and financial institutions, including auditors, notaries, business continuity support service providers, and legal, tax, and risk and compliance advisors.
With third parties in connection with a change to the control or financial status of the company, including a corporate restructuring, sale, acquisition, financing, reorganization, bankruptcy, receivership, transfer, assignment of assets, or business merger or divestiture. Personal information and other information may be shared in the diligence process with counterparties and others assisting with the transaction and transferred to a successor or affiliate as part of that transaction.
Government bodies, dispute resolution organizations, law enforcement agencies, or third parties in connection with (a) responding to a subpoena, search warrant, or other lawful request for information that we receive; (b) cooperating in a law enforcement or similar investigation; or (c) otherwise protecting our rights, as applicable.

8. Your Privacy Choices

If you no longer want to receive our newsletter, emails, or other marketing communications, you may unsubscribe at any time by following the unsubscribe link in the relevant communication.

Please note that you cannot unsubscribe from certain correspondence from us, including messages relating directly to your account or purchases placed through the Site.

By logging into your account, you may view and/or update certain information that is stored in your account (e.g., name, email address, phone number, and password). You may delete or cancel your account by calling us at (818) 841-1928 Ext. 1127 or contacting us by email at customerservice@1928.com.

9. Security

We maintain reasonable technical and organizational measures to protect personal information from loss, misuse, alteration, or unintentional destruction. We have implemented various security measures to protect both the personal information and the general information that we receive from you through the Service. Whenever you give out personal information online there is a risk that third parties may intercept and use that information. Although we seek to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online. To the extent permitted under applicable law, we assume no liability or responsibility for disclosure of your information due to errors in transmission, unauthorized access by third parties, or other causes beyond our control.

You play an important role in keeping your information secure. You should not share your username or password with anyone. If you have reason to believe that your account is no longer secure, please contact us immediately at the contact information in the How to Contact Us section below.

10. Additional Disclosures for Residents of Canada

This section contains additional disclosures for residents of Canada. As noted above, you may view and/or update certain information associated with your account (e.g., name, email address, phone number, and password) by logging into your account. If you wish to request access to or correction of other personal information, or to opt-out of the processing of your personal information or request that we delete your personal information, you may contact us at customerservice@1928.com with the subject line “Canada Privacy” so that we can get your email to the right team. You may also contact us for information about how foreign-based service providers process your personal information or if you have any questions or complaints about the manner in which we treat your personal information.

We retain personal information for as long as necessary to fulfill the purposes for which the information was collected; as needed to address tax, corporate compliance, employment, litigation, and other legal rights and obligations; and as otherwise permitted by law.

11. Additional Disclosures for Residents of the European Union (EU) and the United Kingdom (UK)

This section provides additional information for residents of the EU and UK.

Data Transfers

As a US company, most of our operations are conducted in the United States and in order to provide the Service, personal information will be processed in the United States, where laws regarding processing of personal information may be less stringent than the laws in your country. We provide appropriate protections for cross-border transfers as required by applicable law for international data transfers. With respect to transfers originating from the European Economic Area, we implement the standard contractual clauses approved by the European Commission.

Retention of Your Personal Information

Legal Basis for Processing Your Personal Information

Where required, we have several different legal grounds on which we collect and process your personal information for the purposes set out in the Our Use of Personal Information section above, including: (i) as may be necessary to perform a contract with you; (ii) as necessary to comply with a legal obligation; (iii) consent (where consent has been provided as appropriate under applicable law); and (iv) as necessary for our legitimate interests (such as when we act to maintain our business generally, including maintaining the safety and security of the Service).

Automated Decision-Making

We do not use automated decision-making without human intervention, including profiling, in a way that produces legal effects concerning you or that otherwise significantly affects you.

Your Rights

As available and except as limited under applicable law, individuals in the EU and UK have the rights described below:

Access. You have the right to request a copy of the personal information we are processing about you, which we will provide to you in electronic form.
Rectification. You have the right to require that any incomplete or inaccurate personal information that we process about you is amended.
Deletion. You have the right to request that we delete personal information that we process about you, unless, for example, we are required to retain such information to comply with a legal obligation or to establish, exercise, or defend a legal claim.
Restriction. You have the right to request that we restrict our processing of your personal information where: (i) you believe such data to be inaccurate; (ii) our processing is unlawful; or (iii) we no longer need to process such data for a particular purpose, but where we are not able to delete the data due to a legal or other obligation or because you do not want us to delete it.
Portability. You have the right to request that we transmit the personal information we hold with respect to you to another data controller.
Objection. Where the legal justification for our processing of your personal information is our legitimate interest, you have the right to object to such processing on grounds relating to your situation. We will abide by your request unless we have compelling legitimate grounds for the processing which override your interests and rights, or if we need to continue to process the data to establish, exercise, or defend a legal claim.
Withdrawing Consent. If you have consented to our processing of your personal information, you have the right to withdraw your consent at any time, free of charge. Please note that if you withdraw your consent, this will not affect the lawfulness of our use and processing of your information based on your consent before the point in time when you withdraw your consent or processing of your information based on other legal bases.

Some rights may be limited, and we may need to retain certain personal information, as required or permitted by applicable law. To inquire about or exercise the rights listed above, at any time, contact us at customerservice@1928.com with the subject line “EU Privacy” so that we can get your email to the right team. We will respond to you request consistent with applicable law.

If you feel that your request or concern was not satisfactorily resolved by us, you have the right to lodge a complaint with your local data protection authority.

12. Additional Disclosures for Residents of Australia and New Zealand

If you are resident of Australia or New Zealand, you have the right to access the personal information we hold about you and to update and/or correct it, subject to certain exceptions. As noted above, you may view and/or update certain information associated with your account (e.g., name, email address, phone number, and password) by logging into your account. If you wish to access or update/correct other personal information, contact us at customerservice@1928.com with the subject line “AU NZ Privacy” so that we can get your email to the right team. We will respond to you request consistent with applicable law.

As a US company, most of our operations are conducted in the United States and to provide the Service, personal information will be processed in the United States. When your personal information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your personal information.

If you have any questions or wish to lodge a complaint, you may do so by contacting us at the information in the How to Contact Us section below. If you submit a complaint, we will investigate your compliant and determine the steps that we will take to resolve it. We will contact you if we need any additional information from you and will notify of the outcome of the investigation.

13. Additional Disclosures for Residents of Japan

This section provides additional information for residents of Japan.

“Purpose of Use”

We collect your personal information, as further described in the Our Use of Personal Information section above, to operate, manage, and maintain our business, to provide our products and services, and to accomplish our business purposes and objectives.

We may share personal information with the third parties listed above in the Our Disclosure of Personal Information section.

Your Rights

As available and except as limited under applicable law, individuals in Japan have the rights described below:

Access. You have the right to request a copy of the personal information we are processing about you, which we will provide to you in electronic form.
Rectification. You have the right to require that any incomplete or inaccurate personal information that we process about you is amended.
Deletion. You have the right to request that we delete personal information that we process about you, unless, for example, we are required to retain such information to comply with a legal obligation or to establish, exercise, or defend a legal claim.
Discontinuation. You have the right to request that we discontinue our processing or disclosure of your personal information where: (i) our processing is unlawful; (ii) a data breach involving your personal information has occurred; or (iii) we no longer need to process such data for a particular purpose.

Some rights may be limited, and we may need to retain certain personal information, as required or permitted by applicable law. To inquire about or exercise the rights listed above, at any time, contact us at customerservice@1928.com with the subject line “Japan Privacy” so that we can get your email to the right team. We will respond to you request consistent with applicable law.

Data Transfers

As a US company, most of our operations are conducted in the United States and to provide the Service, personal information will be processed in the United States. By submitting your personal information or engaging with our Site or Service, you consent to this transfer, storing, or processing. When your personal information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your personal information.

If you have any questions or wish to lodge a complaint, you may do so by contacting us at the information in the How to Contact Us section below. If you submit a complaint, we will investigate your complaint and determine the steps that we will take to resolve it. We will contact you if we need any additional information from you and will notify you of the outcome of the investigation.

14. Additional Disclosures for Residents of Mexico

If you are resident of Mexico, you have the right to access the personal information we hold about you and to update and/or rectify it, oppose the use of your personal information for certain purposes, or delete it, subject to certain conditions. As noted above, you may view and/or update certain information associated with your account (e.g., name, email address, phone number, and password) by logging into your account. Some rights may be limited, and we may need to retain certain personal information, as required or permitted by applicable law. If you wish to access, update and/or rectify, or request the deletion of your personal information, or oppose the processing of your personal information, contact us at customerservice@1928.com with the subject line “Mexico Privacy” so that we can get your email to the right team. We will respond to your request consistent with applicable law.

15. Links to Other Websites

For your convenience, we may link to third-party sites and services, or otherwise display third-party content through our Site to provide increased value to our visitors. We have no control over these linked sites, each of which has separate privacy and data collection policies and practices independent from us. As such we have no responsibility or liability for these independent policies or actions and are not responsible for the privacy practices or the content of any such websites. Please note that these other sites may send their own cookies to users, collect data, or solicit personal information, and we encourage you to review their policies before engaging with these third-party sites.

16. Effective Date and Changes to This Privacy Policy

This Privacy Policy is effective as of the date at the top of this policy. 1928 Jewelry Company has the discretion to update this Privacy Policy at any time. When we do, we will revise the effective date at the top of this page. We encourage users to frequently check this page for any changes and to stay informed about how we are helping to protect the personal information we collect, especially before you provide information, and particularly personal information, directly to us through the Service. In the event of a material change to this Privacy Policy, we will provide a message through our website or via email informing you of the change.

17. How to Contact Us

If you have any questions about this Privacy Policy or our Service, please contact us at:

Phone: (818) 841-1928 Ext. 1127

Email: customerservice@1928.com

Address: 3000 W. Empire Ave., Burbank, CA 91504

1928 Jewelry Company Terms of Use

Effective: [September 3, 2024]

Please read the following carefully. These Terms of Use (these “Terms”) govern your access to and use of the Mel Bernie & Co., Inc. d/b/a 1928 Jewelry Company (“1928 Jewelry Company,” “we,” “us,” “our”) website at https://www.1928.com (the “Site”) and the products and services provided by 1928 Jewelry Company (collectively, the “Service”).

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICE IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SERVICE AND YOU MUST PROMPTLY CEASE USING IT.

By agreeing to these Terms, you expressly agree to the arbitration of all Disputes as further described in Section 16 below. The parties agree to arbitrate solely on an individual basis, and that these Terms do not permit class arbitration, or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding.

1. Your Access to the Service

Internet Access

When using the Service on your mobile, laptop, desktop, or other device (“Device”), you acknowledge and agree that you are responsible for (i) maintaining Internet access for your Device and (ii) any Internet connection and telecommunications fees and charges that you incur.

1.2 Your Device

1928 Jewelry Company is not responsible for the operation of your Device. You are responsible for ensuring the system functions of your Device are in working order when accessing the Service, including, but not limited to screen display operation features of your Device.

1.3 No Guarantee

Access to the Service may be suspended temporarily and without notice (i) in the event of a system failure, (ii) for maintenance or repair, (iii) where we reasonably suspect there has been a breach of these Terms, (iv) for reasons reasonably beyond our control, or (v) as otherwise explained in these Terms.

2. Permitted Use and Restrictions

2.1 License Grant

Subject to the terms and conditions of these Terms, 1928 Jewelry Company hereby grants you a limited, non-exclusive, personal, non-transferrable, non-sublicensable, non-assignable license to access and use the Service (including updates and upgrades that replace or supplement it in any respect and are not distributed with a separate license, and any documentation) solely for your personal use on a Device that you own or control. We reserve all other rights that are not granted in these Terms.

2.2 Use Restrictions

You may not access or use the Service in any way that is not expressly permitted by these Terms. You may not: (i) cause, permit or authorize the modification, copying, creation of derivative works, translation, reverse engineering, decomplication, disassembly, or hacking of the Service; (ii) sell, assign, rent, lease, or grant rights in the Service, including, without limitation, through sublicense, to any other person or entity; or (iii) use the Service for any unlawful, prohibited, abnormal, or unusual activity as determined by 1928 Jewelry Company in its sole discretion.

2.3 Eligibility

The Service may not be used by anyone under the age of 18. By accessing or using the Service, you represent and warrant that you are at least 18 years of age (or the age of legal majority under applicable law), or, if not, that you have reviewed these Terms with your parent or legal guardian and that they have agreed to be bound by these Terms.

Investigations

We may, but are not obligated to, monitor, or review the Service at any time. If we become aware of any possible violations by you of these Terms, we reserve the right to investigate such violations, and we may, at our sole discretion, immediately terminate your license to use the Service pursuant to Section 13 (Termination) below.

2.5 Violation of these Terms

You must not use (or permit a third-party to use) the Service: (i) in any unlawful manner, for any unlawful purpose, or to act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Service or any operating system used by the Service; (ii) in a way that could damage, disable, overburden, impair or compromise our systems or security, or interfere with other users; (iii) to collect or harvest any information or data from the Service or our systems or attempt to decipher any transmissions to or from the servers running the Service; (iv) via use of a robot, spider, or other automated device to monitor or copy the Service or any information provided by the Service; (v) to send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms; or (vi) to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam). You acknowledge and agree that you are solely responsible, and 1928 Jewelry Company has no responsibility or liability to you or any other person or entity for, any breach by you of these Terms or for the consequences of any such breach.

3. Privacy

These Terms also incorporate the terms of our Privacy Policy (as updated from time-to-time). Our Privacy Policy explains how your personal information will be collected and used as well as other information regarding your privacy. By agreeing to these Terms, you are also agreeing to the Privacy Policy, and you consent to (i) the processing of your personal information as explained in the Privacy Policy and (ii) the collection of information from your Device as explained in the Privacy Policy.

4. User Accounts and Security

4.1 User Accounts

To use certain features of the Service, you may be required to create an account and provide us with your first name, last name, email address, and password, and certain other information about yourself. You are solely responsible for the information associated with your account and anything that happens related to your account. You agree to provide true, accurate, current, and complete information as requested by any forms and maintain and update such information to keep it true, accurate, current, and complete. Your failure to maintain true, accurate, current, and complete account information may result in your inability to access or use the Service.

4.2 Account Security

Maintaining account security is very important. You are solely responsible for maintaining the confidentiality of your account passwords. You agree to notify us immediately if you become aware of any unauthorized use of your password or your account at customerservice@1928.com.

4.3 Account Sharing or Transfers

Accounts are registered to you personally and may not be sold, traded, gifted, or otherwise transferred at any time under any circumstances. You may not share your account with, or disclose your password to, anyone else.

4.4 Fees

You agree to pay all fees and taxes incurred by you or anyone using your account. YOU ACKNOWLEDGE YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.

4.5 Account Deletion by You

You may delete your account at any time by contacting us by email at customerservice@1928.com.

4.6 Account Deletion by Us

1928 Jewelry Company may terminate your account at any time for any reason or no reason, including if: (a) 1928 Jewelry Company determines that you are (i) in breach of or otherwise acting inconsistently with these Terms or (ii) engaging in fraudulent or illegal activities or other conduct that may result in liability to 1928 Jewelry Company; (b) 1928 Jewelry Company determines it is required by law to terminate your account; or (c) 1928 Jewelry Company decides to stop providing the Service or critical portions of the Service. When terminating your account, 1928 Jewelry Company may delete your account and the information in it. You have no ownership rights to your account.

5. Terms of Sale and Payments

5.1 Billing Policies

If you choose, at your sole discretion, to purchase products or services, you acknowledge that you will be required to provide a current, valid, accepted method of payment (“Payment Method”) and you agree that we may charge your Payment Method. 1928 Jewelry Company uses authorized third parties for the purpose of processing your transactions, and credit card authorizations. By submitting Payment Method details to us or our third-party processors, you grant (or otherwise authorize) 1928 Jewelry Company the right to store and process your information with such third parties. You agree to immediately notify 1928 Jewelry Company of any change in your billing address or the Payment Method used for payment hereunder. You agree that 1928 Jewelry Company will not be responsible for any failures of such third parties to adequately protect your information.

You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes and possible transaction fees. By providing 1928 Jewelry Company with your Payment Method, you agree that 1928 Jewelry Company (or its third party service providers) is authorized to immediately charge your Payment Method for all fees and charges due and payable to 1928 Jewelry Company as a result of your order, including but not limited to service fees, Subscription Fees (defined below), transaction fees, overdraft fees, or any other fee or charge associated with your access to the Service and/or purchase of products.

5.2 Currency

All prices are listed in US dollars and all payments must be made in US dollars. 1928 Jewelry Company will not be responsible for any exchange rates or fees incurred by you from your chosen Payment Method.

5.3 Product Availability

We cannot guarantee the availability of a particular product or service at any particular time, and we reserve the right to change and/or cancel our product and service offerings through the Service, without notice, at any time. All orders are subject to acceptance and availability. In certain circumstances, products or services may become unavailable after an order has been placed. In such a case, we will either notify you that we are unable to process your order, or a refund will be issued to your Payment Method for the amount paid.

5.4 Order Limits

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same Payment Method, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

5.5 Order Processing

Product orders are typically processed within three (3) business days. Once an order has been placed, a confirmation email will be sent to you and the order cannot be modified or cancelled. Once your order has been processed and shipped, you will receive a shipping confirmation email. Orders may experience shipping delays for reasons outside our control or during special releases, major holidays, and markdown periods. In the event of a shipping delay, we will notify you as soon as possible and work to get your order processed as soon as we can. 1928 Jewelry Company is not responsible or liable to you for any delays to your order.

5.6 Personal Use

All products and services sold by or received from 1928 Jewelry Company are intended to be used for personal purposes only, and you may not sell or resell any products or services you purchase or otherwise receive from 1928 Jewelry Company. 1928 Jewelry Company reserves the right, with or without notice, to cancel any order that may result in a violation of these Terms, as determined by 1928 Jewelry Company in its sole discretion.

5.7 Sale Items

1928 Jewelry Company reserves the right to extend or modify markdowns or discount codes at any time with or without notice.

5.8 Refunds

All regularly priced items purchased through the Service may be refunded within thirty (30) days of delivery. Clearance items purchased through the Service may be refunded within fifteen (15) days of delivery. To be eligible for a refund, items must be returned to 1928 Jewelry Company within the applicable return period. Any shipping costs you may have paid are non-refundable and, if you received free shipping on your order, the actual shipping charges incurred by 1928 Jewelry Company will be deducted from your refund. Refunds of $100 or more are subject to a 15% restocking fee.

If you encounter an issue with your order or would like to initiate a refund, please contact us at the information in Section 21 (Contact Information) below.

5.9 Product Descriptions

We aim to represent product colors accurately on the Site. Products that you buy from the Site may be slightly different from their photos, which can vary in color based on your Device settings. The images of the products on the Site are for illustrative purposes only and 1928 Jewelry Company does not guarantee that the images you see on your Device accurately reflect the color of the products or product packaging you receive.

6. Submitted Content and Reviews

1928 Jewelry Company is not the source of, does not verify or endorse, and takes no responsibility for the content of communications or any material submitted or made available through the Service via any function that allows a user to leave reviews, or share content (the “Submitted Content”). Submitted Content is entirely the responsibility of the person from whom such content originated. You therefore may be exposed to content that is offensive, unlawful, harmful to minors, obscene, indecent, or otherwise objectionable. Submitted Content may be protected by intellectual property rights owned by third parties. You are responsible for the content you choose to communicate and access using the Service. In particular, you are responsible for ensuring that you do not submit material that (i) is protected by copyright, contains trade secrets or otherwise is subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner; (ii) is false or is a misrepresentation; (iii) is offensive, unlawful, harmful to minors, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or that encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise objectionable; or (iv) impersonates another person. 1928 Jewelry Company may in its sole discretion block, prevent delivery of, or otherwise remove the content of communications as part of its effort to protect the Service or its users, or otherwise to enforce these Terms. Further, 1928 Jewelry Company may in its sole discretion remove or decline to publish such content on the Service and terminate your account if you submit any content that is in breach of these Terms.

6.1 Submitted Content License

1928 Jewelry Company does not claim ownership of any of your Submitted Content. With respect to all of your Submitted Content, you grant 1928 Jewelry Company a perpetual, irrevocable, non-terminable, transferable, worldwide, royalty-free, sublicensable, fully paid-up, and non-exclusive license to use, reproduce, distribute, prepare derivative works of, display, modify, copy and perform the Submitted Content or any part of the Submitted Content in connection with the Service and 1928 Jewelry Company’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any and all media formats and through any and all media channels. You also hereby grant each user of the Service a non-exclusive license to access your Submitted Content through the Service while the Submitted Content is made available through the Service. You hereby represent, warrant, and covenant that any Submitted Content you provide does not include anything (including, but not limited to, text, images, music, or video) to which you do not have the full right to grant the license specified in this Section 6 (Submitted Content and Reviews).

6.2 User Acknowledgement

You acknowledge and agree that: (i) by using the Service, you may be exposed to content that you may find offensive or indecent and you do so at your own risk; (ii) you are solely responsible for, and 1928 Jewelry Company has no responsibility to you or any third party for any Submitted Content that you create, submit, post or publish on or through the Service; (iii) 1928 Jewelry Company does not guarantee any confidentiality with respect to your Submitted Content; (iv) 1928 Jewelry Company is not responsible for any Submitted Content provided by third parties that you may have access to through your use of the Service and all Submitted Content is the responsibility of the person from whom such Submitted Content originated. You acknowledge and agree that (y) 1928 Jewelry Company has no control over and is not responsible for the use of Submitted Content by its users, including any user that has downloaded Submitted Content to a personal device; and (z) 1928 Jewelry Company may not be able to remove Submitted Content that is downloaded onto a user’s Device. 1928 Jewelry Company does not endorse any Submitted Content, or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with Submitted Content.

You acknowledge that your Submitted Content is your sole responsibility. You agree that, under no circumstances, will 1928 Jewelry Company be liable in any way for any Submitted Content, including, but not limited to, any errors or omissions in any Submitted Content, or any loss or damage of any kind incurred as a result of the use or distribution of any Submitted Content transmitted or otherwise made available via the Service.

6.3 Removal

You acknowledge that 1928 Jewelry Company has the right to pre-screen your Submitted Content but has no obligation to do so. At 1928 Jewelry Company’s sole discretion, any Submitted Content may be included in the Service in whole or in part in modified form. In addition, 1928 Jewelry Company and its designees shall have the right, but not the obligation, in their sole discretion, to refuse or remove any Submitted Content that is available via the Service that violates these Terms or is otherwise objectionable including, but not limited to, being unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or violating any party’s intellectual property. 1928 Jewelry Company may disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect itself, its clients, sponsors, users and visitors. 1928 Jewelry Company further reserves the right to contact users to inform them of policies, hide users’ Submitted Content or delete users’ accounts without warning or advance notice, for any reason, including but not limited to the violation of these Terms.

6.4 Size Limitations

Materials posted and/or uploaded to the various public forums may be subject to size and usage limitations. You are responsible for adhering to such limitations.

7. Idea Submissions

We welcome feedback from our users and appreciate your comments regarding the Service. However, our policy does not permit us to accept or consider ideas, suggestions, proposals, or materials (“Submissions”) that we have not specifically requested. This policy is intended to help us, and our customers avoid future misunderstandings when new products or services developed internally by our employees might be similar or even identical to a customer’s idea.

If, despite our request that you not send us your ideas, you still submit them, then regardless of any conditions you may have attempted to place on your Submission, the following terms shall apply to your Submission: you acknowledge and agree that: (i) such Submissions will be considered non-confidential and non-proprietary; (ii) we have the right (subject to our Privacy Policy), without limit in time and without payment to you, to use, copy, distribute, adapt, and disclose it via the Service or otherwise to third parties for any purpose, in any way, and in any media worldwide now known or later discovered, including, without limitation, the right to create derivative works, make improvements, perform (including through digital performance), and transmit (including through digital transmissions) such Submissions, and the right to transfer or sublicense such rights; (iii) we may have something similar to the Submissions already under consideration or in development; and (iv) you are not entitled to any compensation or reimbursement of any kind from us in connection with the Submissions under any circumstances.

8. Intellectual Property Rights

8.1 Trademarks

1928 Jewelry Company name and logo are trademarks and service marks of 1928 Jewelry Company. You do not have the right to use any of our trademarks, service marks, or logos, and your unauthorized use of any of these may be a violation of federal and state trademark laws.

8.2 Ownership

You acknowledge that all intellectual property rights in the Service, whether registered or unregistered, including but not limited to rights in graphics, logos, “look and feel,” trade dress, structure, organization, code, and all other content in the Service and compilation thereof, anywhere in the world, belong to us or our licensors and are valuable trade secrets and confidential information of 1928 Jewelry Company, and are protected by intellectual property laws. Except for your Submitted Content, you acknowledge and agree that 1928 Jewelry Company, and/or its licensors, own all right, title, and interest in and to the Service, including all intellectual property, industrial property, and proprietary rights recognized anywhere in the world at any time and that the Service is protected by U.S. and international copyright laws. Further, you acknowledge the Service may contain information that 1928 Jewelry Company has designated as confidential, and you agree not to disclose such information without 1928 Jewelry Company’s prior written consent. Nothing posted on the Service grants a license to any 1928 Jewelry Company trademarks, copyrights, or other intellectual property rights, whether by implication, estoppel or otherwise. You should assume that everything you see or read through accessing the Service is proprietary information protected by copyright or trademark unless otherwise noted and may not be used except with the written permission of 1928 Jewelry Company. When accessing the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property.

9. DMCA Notice

9.1 DMCA Policy

1928 Jewelry Company has adopted a policy that provides for the suspension and/or termination of any user who is found to have infringed on the rights of 1928 Jewelry Company or of a third party, or otherwise violated any intellectual property laws or regulations. 1928 Jewelry Company’s policy is to investigate any allegations of copyright infringement brought to its attention.

9.2 Take-Down Notice

If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want 1928 Jewelry Company to delete, edit, or disable the material in question, you must provide 1928 Jewelry Company with all of the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millenium Copyright Act) to our designated copyright agent (the “Designated Agent”) set forth below:

A physical or electronic signature of the copyright owner or the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
Identification of the copyrighted work (or works) claimed to have been infringed;
Identification of the material that is claimed to be infringing and information reasonably sufficient to permit 1928 Jewelry Company to locate the material (providing URLs in the content of an email is the best way to help us locate content quickly);
Information reasonably sufficient to permit 1928 Jewelry Company to contact you, including your address, telephone number, and e-mail address at which you may be contacted;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, or your agent, or the law;
A statement made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

See 17 U.S.C. § 512(c)(3) for further information.

For this notification to be effective, you must provide it to our Designated Agent by email at garya@1928.com. You may also mail your DMCA request to:

Mailing DMCA notices may delay the processing of your request. Only copyright complaints should be sent to the Designated Agent. No other communications will be accepted or responded to.

If you fail to comply with each requirement above, your DMCA notice may not be valid and may not be acknowledged. Once proper notice is received by the Designated Agent, it is 1928 Jewelry Company’s policy to investigate the claim and notify the alleged infringer of your claim. If we determine that you have raised a legitimate copyright claim, we will remove or disable access to the infringing material and notify the content provider, member, or user that we have removed or disabled access to the material. In addition, repeat offenders will have the infringing material removed from the system and 1928 Jewelry Company will terminate such content provider’s, member’s, or user’s access to the Service.

9.3 Counter Notice

If you believe that the material that was removed or to which access has been disabled is either not infringing, or you believe that you have the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, you must send a counter-notice containing the following information to the Designated Agent:

Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
Your name, address, and telephone number; and
A statement that you consent to the jurisdiction of federal court in the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which you may be found, and that you will accept service of process from the person who provided the initial notification of alleged infringement.

If counter-notice is received by the Designated Agent, 1928 Jewelry Company may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at 1928 Jewelry Company’s discretion.

10. Indemnity

You agree to indemnify and hold us and our affiliates, and their respective business partners, licensees, licensors, officers, directors, members, employees, and agents (the “Indemnified Parties”) harmless from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses (including, without limitation, reasonable attorneys' fees and costs) arising out of or in connection with: (a) your use of the Service; (b) your breach or violation of any of these Terms; or (c) your violation of the rights of any third party. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations. In such event, you shall provide the Indemnified Parties with such cooperation as they may reasonably request.

11. Warranty Disclaimer

WE PROVIDE THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE HAVE NO OBLIGATION TO CORRECT ANY BUGS, DEFECTS OR ERRORS IN THE SERVICE OR TO OTHERWISE SUPPORT, DEVELOP OR MAINTAIN THE SERVICE. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs, we accept no liability for them. We also make no promises or guarantees, whether express or implied, that the content provided through the Service is accurate, complete, or up to date.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXCLUDE ALL CONDITIONS, WARRANTIES, REPRESENTATIONS AND OTHER TERMS, WHICH MAY APPLY TO THE SERVICE (INCLUDING OUR PRODUCTS) WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES WITH RESPECT TO THE SERVICE (INCLUDING OUR PRODUCTS) AND ALL INFORMATION AND CONTENT PROVIDED THROUGH THE SERVICE.

No information or advice obtained through the Service, or affirmation by us, by words or actions, shall constitute a warranty.

Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you.

12. Limitation of Liability

IN NO EVENT SHALL THE INDEMNIFIED PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING LOST PROFITS, ANY BREACH OF SECURITY OR ANY DAMAGE TO YOUR DEVICE, LOST DATA, PERSONAL INJURY, PROPERTY DAMAGE, OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE SERVICE OR YOUR INABILITY TO ACCESS OR USE THE SERVICE) ARISING FROM, RELATING TO, OR IN ANY WAY CONNECTED WITH THE USE OR THE PERFORMANCE OF THE SERVICE (INCLUDING OUR PRODUCTS) OR THESE TERMS, ARISING AND WHETHER FRAMED IN CONTRACT OR TORT, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF 1928 JEWELRY COMPANY, EVEN IF WE HAVE BEEN ADVISED OF THE POSIBILITY OF SUCH DAMAGES.

Your sole remedy for dissatisfaction with the Service including, without limitation, content provided through the Service, is to stop using the Service (including our products). Such limitation shall also apply with respect to damages incurred by reason of services or products received through or advertised in connection with the Service or any links on the Service, as well as by reason of any information or advice received through or advertised in connection with the Service or any links on the Service. Such limitation shall also apply with respect to damages incurred by reason of any content posted by a third-party or conduct of a third-party on the Service.

In the event the foregoing exclusion of liability is determined, in whole or in part, to be invalid or unenforceable, then the Indemnified Parties’ liability arising in connection with the Service or under these Terms whether in contract, tort (including negligence) or otherwise, shall not exceed, under any circumstances, the greater of: (i) the total amount paid for goods or services purchased through the Service in the preceding 30 days, or (ii) One Hundred Dollars ($100). You agree that any claim or cause of action arising under these Terms or the performance or non-performance of the Service must be brought within one year after such claim or cause of action arises or be forever barred.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, 1928 JEWELRY COMPANY’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON 1928 JEWELRY COMPANY’S GOVERNING LAW PROVISION SET FORTH BELOW.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

13. Termination

We may terminate these Terms and/or terminate your permission to use the Service immediately, without prior notice or liability, if (a) you commit any breach of these Terms, (b) we discontinue the Service, or (c) we are prevented from providing the Service for any reason.

Furthermore, we reserve the right to change, edit, suspend, delete, and/or cancel any part of the Service and/or your access to it at any time with or without notice to you: (i) if required by law, or (ii) due to an event beyond our control.

On termination of these Terms for any reason: (x) all rights granted to you under these Terms will cease immediately, (y) you must immediately cease all activities authorized by these Terms (including your use of the Service), and (z) you acknowledge that we may restrict your access to the Service. Sections 3, and 7-19 will survive any termination or expiration of these Terms.

14. Communication Between Us

If you wish to contact us in writing, or if any condition in these Terms requires you to give us notice in writing, you can send this to us as indicated in Section 21 (Contact Information) at the bottom of these Terms. If we have to contact you or give you notice in writing, we may do so by email or using any other contact details you provide to us.

15. Governing Law

These Terms and any matter arising out of or relating to these Terms, and any claim, cause of action, controversy, or matter in dispute between you and us, whether sounding in contract, tort, statute, regulation, or otherwise, shall be governed by the internal laws of the State of California in the United States, consistent with the Federal Arbitration Act, without regard to any choice or conflict of laws principles (whether of the State of California or any other jurisdiction). The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from these Terms.

16. Dispute Resolution

16.1 User Concerns

Most user concerns can be resolved quickly and to the user’s satisfaction by contacting us at the contact details in Section 21 (Contact Information) below.

16.2 Disputes

By agreeing to these Terms, you expressly agree to the arbitration of all Disputes. Any controversy, allegation, or claim that arises out of or relates to the Service, these Terms, or any additional terms, whether heretofore or hereafter arising (collectively, a “Dispute”), except for any controversy, allegation or claim that arises out of or relates to our actual or alleged intellectual property rights (an “Excluded Dispute”), shall be finally resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and that these Terms do not permit class arbitration, or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitrator or arbitral panel may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, the remaining portions of the arbitration provisions will remain in force.

16.3 Arbitration Procedures

In the event your concern cannot be resolved informally, you and 1928 Jewelry Company agree that, except as provided in Section 16.6 below, all Disputes, (each a “Claim”), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in these Terms. In the event of a conflict between the terms set forth in this Section 16 (Dispute Resolution) and the JAMS Rules, the terms in this Section will control and prevail.

Except as otherwise set forth in Section 16.6 below, you may seek any remedies available to you under federal, state, or local laws in an arbitration action. As part of the arbitration, both you and 1928 Jewelry Company will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given, and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in these Terms, (i) you and 1928 Jewelry Company may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.

IN THE CASE OF ARBITRATION AND WHERE PERMITTED BY LAW, YOU ARE AGREEING TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. YOU ARE ENTITLED TO A FAIR HEARING, BUT THE ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. ARBITRATOR DECISIONS ARE ENFORCEABLE AS ANY COURT ORDER AND ARE SUBJECT TO VERY LIMITED REVIEW BY A COURT.

16.4 Location

The arbitration will take place in the City and County of Los Angeles, California, United States of America, unless the parties agree to video, phone, or internet connection appearances.

16.5 Limitations

You and 1928 Jewelry Company agree that any arbitration shall be limited to the Claim between 1928 Jewelry Company and you individually. YOU AND 1928 JEWELRY COMPANY AGREE THAT (i) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (ii) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (iii) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.

16.6 Exceptions to Arbitration

You and 1928 Jewelry Company agree that the following Claims are not subject to the above provisions concerning binding arbitration: (i) any Excluded Dispute; (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (iii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.

16.7 Arbitration Fees

If you initiate arbitration for a Claim, you will need to pay the JAMS arbitration initiation fee. If we initiate arbitration for a Claim, we will pay the costs charged by JAMS for initiating the arbitration. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules.

16.8 Severability

You and 1928 Jewelry Company agree that if any portion of this Section is found illegal or unenforceable (except any portion of Section 16.6), that portion shall be severed, and the remainder of the Section shall be given full force and effect. If Section 16.6 is found to be illegal or unenforceable then neither you nor 1928 Jewelry Company will elect to arbitrate any Claim falling within that portion of Section 16.6 found to be illegal or unenforceable and such Claim shall be exclusively decided by a court of competent jurisdiction within the City and County of Los Angeles, California, United States of America, and you and 1928 Jewelry Company agree to submit to the personal jurisdiction of that court.

17. Notice for California Residents

In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd, Ste N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

18. Notice for New Jersey Residents

If you are a consumer residing in New Jersey, the following provisions of these Terms do not apply to you: Section 11 (Warranty Disclaimer), Section 12 (Limitation of Liability), and the California governing law provision of Section 15 (Governing Law) above (for example, to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law).

19. Additional Important Terms

19.1 Assignment

The rights granted to you under these Terms may not be assigned without 1928 Jewelry Company’s prior written consent, and any attempted unauthorized assignment by you shall be null and void.

19.2 Severability

Except as otherwise provided in Section 16.8, if any part of these Terms is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the Terms shall be given full force and effect.

19.3 Attorneys’ Fees

In the event any litigation or arbitration is brought by either party in connection with these Terms, except as otherwise provided in Section 16.7, the prevailing party shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in any legal action relating to these Terms.

19.4 No Waiver

Our failure to enforce any provision of these Terms shall in no way be construed to be a waiver of such provision, nor in any way affect our right to enforce the same provision at a later time. An express waiver by 1928 Jewelry Company of any provision, condition, or requirement of these Terms shall not be understood as a waiver of your obligation to comply with the same provision, condition, or requirement at a later time.

19.5 Equitable Remedies

You acknowledge and agree that 1928 Jewelry Company would be irreparably damaged if the terms of these Terms were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to any breach of these Terms, in addition to such other remedies as we may otherwise have available to us under applicable laws.

19.6 Entire Agreement

These Terms, including the documents referenced in these Terms, constitutes the entire agreement between you and 1928 Jewelry Company with respect to the Service and supersedes any and all prior agreements between you and 1928 Jewelry Company relating to the Service.

19.7 Transfer

We may transfer our rights and obligations under these Terms to another organization but this will not affect your rights or our obligation sunder these Terms.

20. Changes to These Terms

We reserve the right, at our sole discretion, to amend these Terms at any time. As applicable, we will notify you of material changes to these Terms when you next access the Service (we may also email you about any material changes to these Terms). We reserve the right at any time and from time-to-time to modify or discontinue, temporarily or permanently, the Service (or any part of it) with or without notice.