THISISCHANTI.COM BY THIS IS CHANTI LLC
TERMS AND CONDITIONS
LAST UPDATED ON AUGUST 25, 2020
Welcome to ThisIsChanti.com (hereinafter, referred to as the “Website”). The Website features vintage and antique items, modern retro styled pieces, fine vintage jewelry and other similar products (collectively, the “Products” and each a “Product”).
By placing an order for any Product(s) using the Website (an “Order”), you agree to be subject to the terms and conditions set forth herein.
The present Terms and Conditions (the “Terms and Conditions”) will govern the terms upon which we offer, sell and supply the Products to users who place Orders using the Website. These Terms and Conditions apply when you access, visit or otherwise use the Website, place an Order and/or purchase Products.
Under these Terms and Conditions, we will be referred to as “we”, the “Company”, “us”, “our”, and other similar expressions. Our handling of your Order, authentication of the Products, and other affiliated services provided via the Website are referred to as the “Services”.
1. APPLICATION
By visiting, accessing or using the Website in any way, you agree to be bound by the Terms and Conditions and any other rules or policies provided by the Company, each of which will be deemed to be incorporated in these Terms and Conditions.
All Orders, Product purchases, sales, deliveries and Services relating to the Website or to Products are subject to these Terms and Conditions.
We will not be bound by any agreement, terms, order confirmations, acknowledgements, requirements or writings other than the present Terms and Conditions.
2. UPDATES TO THESE TERMS AND CONDITIONS
We may update these Terms and Conditions and other related documentation from time to time, without advance notice, at our discretion. The updated version of these Terms and Conditions will be published on our Website. The Terms and Conditions published on our Website will specify the date of the latest update.
You are responsible for reviewing the Terms and Conditions every so often to ensure you comply with the latest version of these Terms and Conditions.
Your continued use of the Website following the publication of an updated version of these Terms and Conditions constitutes your acceptance of the updated Terms and Conditions.
3. PRODUCTS
We strive to offer a wide range of Products. The Products sold on our Website may consist of jewellery, trays, pins, charms, pendants, keychains, dishes, mugs, shakers, and other items.
As mentioned, our Products mainly consist of vintage or antique pieces. These Products may date back to the 1970s and 1980s. Some of the Products listed on our Website may even date back to the late 1800s. We indicate the estimated date as to the manufacturing or year of production of the Products on our Website. Please bear in mind that these dates constitute approximations only based on the information available. The dates provided with respect to the origin of the Products should be construed as estimates, and not as firm dates.
The vintage and antique Products offered for sale on the Website are second-hand, meaning they have been used and are pre-owned. You acknowledge and understand that the majority of Products listed for sale on the Website are second hand.
By way of our Website, we also sell modern retro-style Products. These modern Products may be new or second-hand as detailed on our Website.
If you would like photos or additional information regarding a specific Product, please send us an email detailing your request. We will do our best to fulfill your request in a timely manner.
3.1 No Affiliation to Products
The Website serves as an online store that allows for the sale of Products. We are not affiliated with any of the Products’ designers, manufacturers or brands featured on the Website. We are not agents, representatives or in any way affiliated with the brands, designers, manufacturers or distributors of the Products. With respect to the Products, our role is limited to reselling or selling via the Website.
4. SERVICE AND PRODUCT AVAILABILITY
We use our best efforts to maintain a wide selection of Products but we do not guarantee that all Products listed on the Website will be available at all times. We may refuse or be unable to process an Order, in whole or in part, due to availability concerns.
If this is the case, we will promptly advise you that your Order cannot be fulfilled. We may offer an alternate Product if the Product ordered is unavailable. You may accept or refuse the alternate Product.
If the Product ordered is no longer available or otherwise unobtainable, we will refund the amount paid for the Product if your Order has been processed.
5. AUTHENTICATION SERVICES
All the Products listed on our Website are authentic to the best of our knowledge. We implemented stringent processes to ensure the Products are authentic and comply with the descriptions listed on the Website.
Upon your request and subject to an additional fee, the Products purchased may be validated by a third party authentication service.
The authentication services are performed by third parties. We are not affiliated with these third party service providers, nor do we endorse them. Considering we are acting as an intermediary between you and the third party authentication service provider, we will be held responsible for any incorrect, unusable, or otherwise problematic authentication services provided by such third parties.
5.1 Authentication of Designer Products
The fee for the authentication service of a designer Product is forty dollars ($ 40.00 USD) per designer Product. The authentication of such designer Product will consist of a digital authentication performed by recognized authenticators that are experienced in the field of pre-owned luxury retail.
The authentication of the designer Product will be confirmed in a card, which will be mailed to the address indicated in your Order confirmation. The authentication card can be useful if you elect to resell the designer Product.
5.2 Authentication of Vintage Jewelry
You may purchase GIA authentication of vintage fine jewelry Products. Such GIA authentication services are available for purchase at the cost of one hundred dollars ($ 100.00 USD) if the Product contains a stone weighing less 4 carats. If the Product’s stone weighs 4 carats or more, the GIA authentication service for such Product is at the cost of one hundred fifty dollars ($ 150.00 USD). According to the GIA, their authentication services represent the highest standard of reliability, consistency and integrity.
The GIA authentication services will include two (2) reports, namely, a Colored Stone Report and a second report to confirm the geographic origin of the stone. The Colored Stone Report will describe the type of gemstone, the origin of the stone and any treatments detected. In the unlikely event there is a discrepancy between the GIA reports and the description of the Product on our Website, we will refund you for the Product in accordance with our Refund Policy.
You acknowledge that these GIA authentication services are performed by a third party and may delay the shipment of your Order. You therefore agree to release us from all claims for any delayed shipment, or issue with the GIA authentication services.
6. YOUR INFORMATION
To place Orders on the Website, you will be required to provide personal information. This personal information may include but is not limited to your name, address, contact information, and payment information. You agree to provide personal information that is complete, current, true and accurate. If any of your personal information becomes outdated or no longer valid, you agree to update your information accordingly.
You understand that your personal information may be required to gain access to various portions of the Website, to place Orders, and to benefit from the Services.
We will be storing and handling your personal information in accordance with all privacy legislation applicable in the State of New York. For more information on our handling of your personal information, please refer to our Privacy Policy. Our Privacy Policy is published and available for review on our Website.
7. PRICING AND PAYMENTS
7.1 Placing an Order
The prices of the Products will be published on the Website under the relevant Product name, image or description. To purchase a Product, please follow the instructions on the Website. You will be asked to submit your personal information. The price for the Product will be confirmed in the Order form. The shipping costs will be added to the Product price. You acknowledge that you will be responsible for paying the shipping fees and costs. You can also purchase the aforementioned authentication services to validate the authenticity of any Products purchased.
Once your Order is paid and completed, we will send you an Order confirmation confirming the Product(s) purchased, the shipping costs and the authentications services purchased, if applicable.
7.2 Payment Information
To place an Order, you must provide valid, accurate and current payment information. Payment information may refer to a credit card, bank account or via Squarespace. You confirm that you are the sole owner of the credit card or account provided. If you are not the sole owner, you confirm and represent that you are fully authorized to use the payment information applied to pay for your Order.
If your payment information is invalid or otherwise unacceptable, we may cancel or refuse to process your Order, without any liability to you.
You agree to honor all charges in connection with your Order and Products purchased at the prices indicated in your Order confirmation. You agree to pay all applicable taxes and shipping fees in connection with your Order and Products purchased.
You remain fully responsible for all Orders placed using your credit card or payment information, whether or not you authorized the Order. You are responsible for the payment of any such Orders unless you notify us of the breach or the compromise of your payment information prior to its occurrence.
You also agree to immediately inform us of any apparent hacks or security issues involving your payment information, such as theft or unauthorized use of your credit card.
7.3 Payment Terms
All Orders must be paid in full at the time of checkout. We will only send an Order confirmation once we received the full payment for your Order. We do not accept partial payments or deposits, nor do we accept to hold or reserve Products. For avoidance of doubt, we will not release your Order until all funds listed in the Order form have been paid by you and received by us.
Once your Order has been paid, you will receive an Order confirmation and you can safely assume we have begun processing your Order. For this reason, we do not accept to cancel an Order that has been subject to an Order confirmation, except if you immediately notify us of your intention to cancel the Order and provided the Order has not yet been shipped.
7.4 Changes to Pricing
We reserve the right to modify the price of the Products on an as needed basis. The revised prices will be published on our Website as promptly as possible. Any changes to Product pricing will not affect past Orders or Orders that have already been subject to a written confirmation.
8. SHIPMENT OF ORDERS
We will use reasonable care when packaging your Order to prevent damage to the Order during transport and shipping. Orders will be shipped by a third party shipping company. We endeavor to collaborate with the shipping company to ensure your Order are shipped in a timely manner. Despite our best efforts, we cannot guarantee that your Order will arrive on time.
As a result, you agree that we will not be liable for late deliveries or for any Products damaged during the transport. The delivery date specified in your Order constitutes an approximation and may vary due to traffic, weather or other external considerations.
Your Order will be delivered to the address indicated in your Order confirmation. The transfer of title will remain with us until the Order delivered to the address you specified. As of the time the Order is delivered to your address, the title pertaining to the Products will transfer to you.
If the delivery of your Order is unreasonably late or damaged, please notify us by sending us an email containing a description of the incident and relevant photos. We may cancel your Order and provide you with a credit, replacement Product or a refund. The choice of compensation will be at our discretion.
8.1 Refusal to Accept Delivery
If you refuse to accept the delivery of an Order, you will need to send us a detailed account of the reasons motivating your refusal. You acknowledge that your refusal to accept the delivery of an Order will not entitle you to a refund, reimbursement or exchange of any kind. Nonetheless, we would appreciate receiving detailed information regarding your refusal to accept the Order.
9. REFUND POLICY
You acknowledge that all Product sales are final, subject to the warranty for new products. Considering the nature of the Products, we do not offer refunds or exchanges except in accordance with the Refund Policy contained in these Terms and Conditions. Further, payments for a specific Order will not entitle you to any alternate Order or any type of Product exchange.
9.1 Warranty for New Products
New Products sold on our Website are guaranteed by a limited warranty to protect against defective Products. This warranty does not apply to used, vintage or antique Products sold on the Website or to new Products that are discounted or on sale.
The warranty is applicable for thirty (30) days as of the original date of purchase, and covers Product defects in material design and workmanship. The warranty does not apply to normal wear and tear, or misuse of the Products.
To benefit from the warranty, you will need to send us a refund request (the “Warranty Claim”) by email to the following address chanti@thisischanti.com. Your Warranty Claim must include the proof of your Order confirmation to assess the original date of purchase. You will also need to provide high quality photos clearly displaying the defective portion of the Product. The Product subject to the Warranty Claim must be unused in its original packaging and in the same condition as when you received it.
Upon our receipt of your Warranty Claim, we will email you an acknowledgement of receipt. We are committed to handling Warranty Claims in a timely and efficient manner.
If the Product meets the conditions required by the warranty, we will ask you to ship the defective Product back to us, at your cost and expense. Please include your original receipt or proof of purchase. We will then inspect the returned Product. Following our inspection of the returned Product in connection with the Warranty Claim, we will send you an email to let you know if the warranty applies to your Product.
If the Product is covered by warranty, as confirmed by us, we will replace the defective Product. If the Product is no longer available, we may offer an alternate or replacement Product. We will request your approval prior to sending a replacement Product.
If there is no alternate Product to replace the defective Product, we will refund the sum you paid for the Product less (-) all shipping costs paid. The refund will be applied as a credit or refunded to you using the original method of payment.
9.2 Exclusions
Please note we do not accept to refund shipping fees. All shipping fees are final and will not be refunded to you under any circumstances.
Any Products on sale or purchased at a discount are excluded from the warranty, and will not be refunded under any circumstances.
Used, pre-owned, second-hand or vintage Products are not eligible for returns or refunds. These Products are sold as is without any warranties or representations of any kind. You agree to purchase all used Products from our Website at your own risk, without warranty or representation on our part, except as provided in these Terms and Conditions. For avoidance of doubt, used Products will refer to antique Products, vintage Products, second-hand Products and any Products that are not expressly identified as “new” on the Website.
10. LINKS TO THIRD PARTY WEBSITES OR APPS
Our Website may provide links to third party websites, apps or links. It is important to remember that we are not affiliated with these third party service providers, even if we provide a link thereto on our Website. Your usage of these third party websites apps or links are subject to the third party’s terms and conditions.
11. UNAUTHORIZED CONDUCT
You agree to use the Website in accordance with all applicable laws, regulations and in accordance with these Terms and Conditions. You will be responsible for all acts and omissions that occur in connection with your usage of the Website. You therefore agree not to use the Website to:
· Violate any applicable laws, regulations or policies;
· Solicit others to perform or participate in any illegal acts;
· Impersonate a person, entity or business;
· Misrepresent your affiliation with a person, entity or business;
· Infringe the privacy of third parties or other users, or collecting information on their behalf without the required permission;
· Interfere with servers or networks connected to the Website or its features;
· Disseminate spam or other unsolicited messages;
· Obtain unlawful access to the Website by way of hacking, mining or other illegal means;
· Engage in conduct that violates these Terms and Conditions or, that may give rise to your liability.
12. COPYRIGHTS
Some content published on our Website may be protected by copyright laws. We grant you the right to use the content on the Website for personal, non-commercial use or for the purpose of placing an Order or using the Services in a manner that complies with the Terms and Conditions. Any other usage of the content published on our Website is strictly prohibited.
You are not authorized to copy, print, reproduce, sell, lease, transfer, or otherwise transmit the content published on our Website, in full or in part, for commercial purposes. If you intend to use the Website for commercial purposes, you must secure our prior written consent before doing so. Please send us a written request to ask for permission to use the Website for your business’ purposes.
13. INTELLECTUAL PROPERTY
Our Website may contain trademarks, marks, images and other intellectual property (collectively, the “Intellectual Property”). We own this Intellectual Property, or we secured the consents to publish such Intellectual Property on our Website. Any Intellectual Property displayed on our Website may be protected by intellectual property laws. All rights relating thereto are reserved. The Intellectual Property will remain the property of its respective owner.
14. DISCLAIMERS
The Products purchased should be consistent with the descriptions of such Products on the Website. The measurements and sizing provided on the Website to describe a Product should be reasonably accurate, however, we disclaim all responsibility for inaccurate or incorrect measurements or sizing.
Further, the manufacturing or production year of the Product listed on the Website is provided for reference purposes. While we used reasonable care to determine the Product’s age, sizing, material composition and consistency, we are unable to guarantee that the information listed on the Website is entirely accurate considering most of the Products are second-hand. As a result, please consider that there may be slight variations in size, measurements, composition, consistency and perhaps the age of the Product listed on the Website.
We undertake to do our best to ensure that the Orders are processed on time and shipped in accordance with the scheduled time. Some situations beyond our control may arise, which may result in delayed or partial shipments. You acknowledge that we will not be responsible for any delayed shipments, or failure to deliver the Order on time.
15. LIMITED WARRANTIES
The Website, Services, Products, and Orders are provided on an “as is” basis without warranty of any kind, express, statutory or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade. All these warranties are expressly disclaimed.
16. TECHNICAL ISSUES
Technical issues may affect the Website, which may result in the Website freezing, crashing, delaying or even blocking access. We implemented proper procedures to ensure the continuity of the Website but we cannot guarantee that your usage of the Website be uninterrupted and error-free at all times.
17. LIABILITY
To the extent permitted by applicable law, we exclude all liability for any losses, damages, expenses, claims and proceedings of any nature, including but not limited to special, punitive, incidental damages arising out of your usage of the Website, the Products and the Services.
This exclusion of liability will be applicable regardless of whether liability is based on contract, tort (including negligence), strict liability or another theory of law.
18. ENTIRE AGREEMENT
These Terms and Conditions, together with any Order confirmation and document referred to herein, constitutes the entire agreement between you and us with respect to the subject matter hereof. These Terms and Conditions will supersede and replace all our prior negotiations and agreements.
19. SEVERABILITY
If any provision in these Terms and Conditions is held to be unenforceable, the provision in question will be severed from these Terms and Conditions. The remaining provisions of these Terms and Conditions will remain valid and enforceable.
20. WAIVERS
If we do not insist on the performance of any obligation in these Terms and Conditions, this should not be interpreted as a waiver of our rights, and will not relieve you of your obligations under these Terms and Conditions.
Further, if we do not exercise or if we delay our exercise of any rights under these Terms and Conditions, this will not constitute a waiver of our rights.
21. CHOICE OF LAW AND VENUE
These Terms and Conditions are subject to and governed by the laws of the State of New York.
In the event of any dispute in connection with these Terms and Conditions, we may submit the dispute to arbitration or to the competent courts in the State of New York. The determination will be made by us, at our sole discretion. You hereby irrevocably consent and submit to the jurisdiction of the court of the State of New York, or to arbitration (at our selection). Notwithstanding the foregoing, we reserve the right to institute proceedings in another jurisdiction if we deem it would be advantageous to do so.
These Terms and Conditions expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods.
22. FORCE MAJEURE
Force Majeure events are unpredictable situations beyond our reasonable control, such as pandemics, epidemics, government orders, wars, hurricanes, failure of a telecommunications network, and natural disasters.
We will do our best to mitigate the effects of a Force Majeure event on your Orders and on the performance of the Services. We are not responsible for any failure to perform our obligations during a Force Majeure event or as a result of a Force Majeure event. Our obligations and Services will resume once the Force Majeure event has subsided.
23. INTERPRETATION
In these Terms and Conditions, singular words should be interpreted as including the plural unless the context requires otherwise.
Any titles and heading included in these Terms and Conditions are for convenience and reference purposes only, and should not affect the construction of this document.
24. WRITTEN COMMUNICATIONS
24.1 Your Notices and Requests
Any notices, comments, refund requests or other communications should be sent to us in writing. The notices can be sent by email or on the Website under the appropriate section. Unless otherwise indicated in an acknowledgement of receipt, notices sent to us will be deemed received five (5) business days after they are sent.
24.2 Notices We Send
We may send notices regarding Orders, promotions and/or our Services to you by email. If the email address you provided is invalid, any notice we send to this email address will nonetheless be deemed effective as per these Terms and Conditions.
25. CONTACT INFORMATION
We welcome questions, feedback and comments about these Terms and Conditions, the Products, Orders and/or our Services. You can reach out to us by sending an email or by following instructions on our Website. We look forward to hearing from you.