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Terms and Conditions
Please read carefully. YOUR USE OF THIS STUDIO1098 WEB SITE (hereinafter the “Site”) CONSTITUTES YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS OF USE, DO NOT USE THIS SITE. Studio1098 reserves the right to update or modify these Terms and Conditions of Use at any time without prior notice. We encourage you to review these Terms and Conditions of Use whenever you visit this Site.
CUSTOM ORDERS CANNOT BE RETURNED OR EXCHANGED UNDER ANY CIRCUMSTANCES. THIS INCLUDES ANY ITEM WITH ANY PERSONALIZED INFORMATION, RINGS, AND ANY SPECIAL ORDERS. OTHER ITEMS CAN BE RETURNED AT OUR STUDIO AT 1098 YONGE STREET FOR A REFUND OR STORE CREDIT AS PROVIDED BELOW. A REPOLISHING/REFINISHING FEE OF $25.00 WILL APPLY TO MOST RETURNED ITEMS.
WE DO NOT SELL, TRADE OR RENT YOUR PERSONAL INFORMATION TO OTHERS.
1. License. When You, the user (“You”), use the Site, Studio1098 (“Studio1098”) grants a limited revocable license to You to use the Site solely on behalf of yourself or your organization or company for personal, non-commercial use and solely in compliance with these Terms and Conditions of Use. You may download or copy the contents and other downloadable materials displayed on the Site for Your personal use only. No right, title or interest in any downloaded materials or software is transferred to You as a result of any such downloading or copying. This license expressly prohibits You, without limitation, from reselling the Site or any portion thereof or the services offered by Studio1098, making any derivative work of the Site, collecting or using e-mail addresses or other information, ratings or listings, or extracting or mining any data whatsoever. You may use this Site for legitimate informational and shopping purposes only. You may not harm the Site in any way or otherwise use the Site in any improper manner, including, but not limited to hacking into the Site’s systems, spoofing or faking e-mail headers or slowing or stopping the functionality of the Site.
2. If you purchase product through this Site, You agree to: (a) provide true, accurate, current and complete information about Yourself as prompted. If You provide any information that is untrue, inaccurate, not current or incomplete, or Studio1098 suspects, for any reason, that such information is untrue, inaccurate, not current or incomplete, Studio1098, in its sole discretion, has the right to suspend or terminate Your current or future use of the site, reject and/or refuse any orders placed by You or on Your behalf, and/or refuse any and all current or future use of the Site by You. Studio1098 will not be liable for any loss or damage arising from Your failure to comply with this paragraph.
4. Links to Other Sites. References on this Site to any name, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to You and do not in any constitute or way imply an endorsement, sponsorship or recommendation by Studio1098 regarding the third party information, product or service. These sites are maintained by third parties over whom Studio1098 exercises no control. Studio1098 has not reviewed all sites linked to this Site and Studio1098 expressly disclaims any responsibility for the content, the accuracy of the information, and/or the quality of products or services provided by or advertised on these third-party web sites. If You decide to link to any such third party site, You do so at Your own risk.
5. Statements Made in Describing Goods. STUDIO1098 DOES NOT WARRANT THAT THE WEB SITE OR THE MATERIALS CONTAINED THEREIN WILL BE ACCURATE, RELIABLE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, OR THE SERVER THAT MAKES IT AVAILABLE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. STUDIO1098 IS NOT RESPONSIBLE FOR ERRORS AND OMISSIONS IN ANY CATALOGUE, PRODUCT ADVERTISING MATERIAL, OR SITE, ANY GLOSSARIES CONTAINED WITHIN THE WEB SITE, OR ANY SUPPLEMENTAL MATERIAL. MATERIAL ON THE SITE ALSO MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND MAY BE CHANGED OR UPDATED WITHOUT NOTICE; STUDIO1098 WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY SUCH INACCURACIES, ERRORS, CHANGES, OR UPDATES. STUDIO1098 IN ITS SOLE DISCRETION MAY ADD, DELETE, OR CHANGE SOME OR ALL SERVICES OFFERED VIA THE WEB SITE AT ANY TIME.
6. Permission to Use Your Content. All information, ideas, suggestions or other communications You transmit to Studio1098 concerning the materials contained in this Site shall be on a non-confidential basis. By transmitting any suggestions, information, material, or other content (collectively, “User Content”) to Studio1098, You automatically grant Studio1098 the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform and display such User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such User Content. Further, Studio1098 is free to use any ideas, concepts, know-how, techniques, and suggestions contained in any communications You send to this Site without compensation to You and for any purpose whatsoever, including but not limited to creating, manufacturing, and marketing products and/or services using such information.
7. Your Representations & Indemnification Obligation. You expressly represent and warrant to Studio1098 that You will use this Site, and any products purchased from Studio1098, in accordance with all applicable local, provincial, state, national and international laws, and in accordance with these Terms and Conditions of Use. You agree to defend, indemnify, and hold harmless Studio1098, Tamara Kronis, Kathryn Dieroff, their affiliates, and all of their respective employees, agents, directors, officers, proprietors, partners, representatives, ervants, attorneys, predecessors, successors, assigns, agents, licensors, and third party providers to the Site from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from (a) Your use of the Site; or (b) any breach by You of these Terms and Conditions of Use. You hereby waive and release Studio1098, Tamara Kronis and Kathryn Dieroff, their affiliates, and all of their respective employees, agents, directors, officers, proprietors, partners, representatives, ervants, attorneys, predecessors, successors, assigns, agents, licensors, and third party providers to the Site from all rights of contribution or indemnity to which You otherwise may be entitled.
8. DISCLAIMER OF WARRANTIES. THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. STUDIO1098 EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, MERCHANDISE, OR PRODUCTS INCLUDED OR DISPLAYED ON THIS SITE OR ANY PRODUCTS OFFERED OR AVAILABLE THROUGH THE SITE OR THE CATALOGUE, EXCEPT AS SET FORTH BELOW. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, STUDIO1098 DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE STUDIO1098 WEB SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
If, for any reason, You are not completely satisfied with any purchase, simply return it to Studio1098 within 14 days of purchase for full credit or exchange. After 14 days but within 30 days, the item can be returned for store credit. After 30 days, items will not be accepted for return. The item must be in its original packaging and in new condition. The item must not have been worn or altered in any way. A repolishing/refinishing charge of $25 will apply in most cases and will be deducted from your refund or store credit/exchange. Return shipping charges must be prepaid by You and You must insure the shipment or accept the risk of loss or damage during shipment. All warranty materials and the original receipt must be included with any returned purchases.
If your purchase requires repair due to a defect in materials or fabrication, it will be done free of charge. Pieces of jewellery from our store that have deteriorated over time with normal wear may be subject to normal repair prices. PLEASE NOTE THAT CUSTOM ORDERS CANNOT BE RETURNED UNDER ANY CIRCUMSTANCES. THIS INCLUDES ANYTHING WITH ANY PERSONALIZED INFORMATION, RINGS, AND ANY SPECIAL ORDERS
9. Colors, Sizes, and Pricing: Studio1098 makes every effort to display as accurately as possible the colors of its products that appear on the Site, as well as the sizes of jewellery and gemstones. However, as the actual colors You see will depend on Your monitor, Studio1098 cannot guarantee that Your monitor’s display of any color will be accurate. If you want to know the exact size of any gemstones/jewellery displayed on the Site, we encourage you to <a href="/pages/appointment">email us</a> and we will provide you with exact information and a custom quote.
While Studio1098 strives to provide accurate product and pricing information, pricing or typographical efforts may occur. Studio1098 cannot confirm the price of an item until after You order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Studio1098 shall have the right, in its sole discretion to refuse or cancel any orders placed for that item. In the event that an item is mispriced, Studio1098 may, at its discretion, either contact You with instructions or cancel Your order and notify You of such cancellation. Prices and availability are subject to change without notice.
10. Acceptance: Please note that there may be certain orders that Studio1098 is unable to accept and must cancel. Studio1098 reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Some situations that may result in Your order being cancelled include limitations on quantities available for purchase, inaccuracies or error in product origin information, or problems identified as part of credit and fraud avoidance. Studio1098 also may require additional verification or information before accepting any order. Studio1098 will contact You if all or any portion of Your order is cancelled or if additional information is required to accept Your order. If Your order is canceled after Your credit card has been charged, Studio1098 will issue a credit to Your credit card in the amount of the charge. The receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Studio1098 reserves the right, without prior notification, to refuse service to any customer.
11. Quantity Limits and Dealer Sales: Studio1098 reserves the right to limit the quantity of items purchased per person, per household, or per order. These restrictions may be applicable to orders placed by the same Studio1098 account, the same credit card, and also to orders that use the same billing and/or shipping address. Studio1098 will provide notification to the customer e-mail and/or billing address should such limits be applied. Studio1098 also reserves the right to prohibit sales to dealers.
12. Shipment of Orders: Items ordered through Studio1098 are shipped by Canada Post Xpresspost or Federal Express, through another service at the discretion of Studio1098. A street address is required for delivery. Merchandise will be delivered standard ground transportation, which takes up to 10 business days. You may request express delivery, which takes approximately 3 business days, for an additional charge. Processing time for in stock items is approximately 7 business days, and items that need to be fabricated may take 4-6 weeks. Delivery times do not include processing time. Additional charges and shipping times may be applied to merchandise shipped to US and outside North America.
13. Sales Tax: Studio1098 operates in Canada. Current law requires Studio1098 to collect all federal, provincial, local and other taxes that are applicable, based on the order’s “ship to” address. NOTE: Tax rates are subject to change at any time.
14. LIMITATION OF LIABILITY: NONE OF STUDIO1098, TAMARA KRONIS, KATHRYN DIEROFF, NOR THEIR AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, EMPLOYEES, PROPRIETORS, PARTNERS, REPRESENTATIVES, SERVANTS, ATTORNEYS, PREDECESSORS, SUCCESSORS, OR ASSIGNS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM ANY USE OF THE SITE OR THE CATALOGUE, THE INABILITY TO USE THIS SITE, THE INFORMATION CONTAINED ON THE SITE OR THE CATALOGUE, PRODUCTS AVAILABLE OR PURCHASED THROUGH THE SITE OR THE CATALOGUE, OR TRANSACTIONS CONDUCTED AT THE SITE OR ARISING FROM THE CATALOGUE, EVEN IF STUDIO1098 OR TAMARA KRONIS OR KATHRYN DIEROFF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF STUDIO1098, TAMARA KRONIS, KATHRYN DIEROFF AND THEIR RESPECTIVE AFFILIATES ARISING DIRECTLY OR INDIRECTLY FROM THIS SITE OR ANY PRODUCTS AVAILABLE OR PURCHASED THROUGH THE SITE OR THE CATALOGUE EXCEED THE LESSER OF THE AMOUNT PAID BY YOU TO STUDIO1098 FOR ANY SINGLE RELEVANT PRODUCT AT ISSUE, OR ONE HUNDRED DOLLARS ($100). YOU HEREBY ACKNOWLEDGE THAT ALL OF THE PROVISIONS OF THIS SECTION WILL APPLY TO ALL USE OF THE SITE OR THE CATALOGUE, THE INFORMATION CONTAINED ON THE SITE OR THE CATALOGUE, PRODUCTS AVAILABLE OR PURCHASED THROUGH THE SITE OR THE CATALOGUE, AND TRANSACTIONS CONDUCTED AT THE SITE OR ARISING FROM THE CATALOGUE.
15. Intellectual Property Rights. All materials contained in the Site, including without limitation all images, text, illustrations, designs, icons, photographs, programs, and written and other materials that are distributed with this Site and all the products available on the Site, are the intellectual property owned, controlled or licensed by Studio1098, its partners, its affiliates or are owned by third parties and appear in the Site with the permission of their respective owners. Accordingly, such materials are protected by law, including but not limited to Canadian and/or United States copyright, patent, trade secret, trade dress and trademark law, as well as other federal, provincial, local, state, national, and international laws and regulations. Studio1098 and its affiliates and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content, and other materials that appear on this Site. Except as otherwise expressly provided in these Terms and Conditions of Use, access by You to this Site does not confer any license under any of Studio1098's or any third party’s intellectual property rights. The compilation (meaning the collection, arrangement and assembly) of all content on this Site is the exclusive property of Studio1098 and is also protected by United States and international copyright law. You agree not to copy, modify, adapt, reproduce (except as noted above), publish, translate, distribute, transmit, display, reverse engineer, decompile, create derivative works from, sell or participate in the sale of, dissemble or in any way exploit any aspect of the Site. Please be aware that Studio1098 actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
17. Communications on Internet; Events Beyond Studio1098's Control. Use of the Internet is solely at Your own risk and is subject to all applicable local, state, national, and international laws and regulations. While Studio1098 has endeavoured to create a secure and reliable Site, Studio1098 and its affiliates are not responsible for the security of information transmitted via the Internet, the accuracy of the information contained in the Site, or the consequences of any reliance by You on such information. You must make Your own determination as to these matters. Studio1098 cannot guarantee that You will be able to access the Site at all times or that the Site will be secure, uninterrupted, or error-free, nor can Studio1098 provide assurances that transactions will be completed properly. Studio1098 is not responsible for failure to execute a purchase or technical problems that may hinder the efficacy of a purchase (including e-mail, transmission times or other delays). Studio1098 and its affiliates shall not be liable for damages as a result of any delay or other failure of performance due to causes beyond their reasonable control including, without limitation, acts of God, acts by You or by any of Your representatives or by any third parties, acts of military or civil authorities, fire or other casualty, strikes, lockouts, weather, epidemic, war, riot, terrorism, telecommunications interruptions or computer viruses.
18. Security of Site. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (a) accessing data not intended for Your use or logging onto a server or an account that You are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, by submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” (d) sending unsolicited e-mail, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Actual or attempted unauthorized use of the Site or violations of system or network security may result in criminal and/or civil prosecution. For Your protection, Studio1098 reserves the right to view, monitor, and record activity on the Site without notice and without permission from You. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Site. In addition, Studio1098 will comply with all court orders involving requests for such information. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You also agree not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Studio1098 on this Site or from generally available third party web browsers.
19. Governing Law. This Site (excluding any links) is owned and controlled by Studio1098 from Ontario, Canada. Although this Site can be accessed from other locations, by accessing this Site, You agree that the statutes and laws of the province of Ontario, without regard to conflict of laws, will apply to all matters relating to use of this Site. In addition, any action or proceeding arising out of or related to these Terms and Conditions of Use or Your use of this Site may be brought only in the province of Ontario, Canada and You agree to and consent to the exclusive personal jurisdiction and venue of the courts in the Province of Ontario, Canada. You are responsible for Your own compliance with local laws regarding Internet use and access.
20. Notices. Any notices shall be given by e-mail to firstname.lastname@example.org (in the case of Studio1098) or to the e-mail address that You provide to Studio1098 or such other address as either party shall specify. Notice shall be deemed given 24 hours after the e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, Studio1098 may give You notice by certified mail, postage prepaid and return receipt requested, to the address provided to Studio1098 during the registration process. In addition, you may give Studio1098 notice by certified mail, postage prepaid and return receipt requested, to Studio1098, 1098 Yonge Street, Toronto, Ontario M4W 2L6. In case of notice via certified mail, notice shall be deemed given four (4) days after the date of mailing.
21. Construction. The section headings used herein are for convenience of reference only and do not form a part of these Terms and Conditions of Use, and no construction or inference shall be derived there from. These Terms and Conditions of Use will not be construed for or against either party based on the draftsmanship thereof. No other provisions or changes are binding upon Studio1098 unless reduced to writing and signed by an authorized a Studio1098 representative. If any provision of the Terms and Conditions or any application thereof is held to be invalid or unenforceable for any reason, that provision shall be deemed severable and the remainder of the Terms and Conditions and the application of that provision in other situations shall not be affected.
22. Termination. These Terms and Conditions of Use constitute an agreement that is effective until terminated by Studio1098 at any time without notice. Studio1098 may terminate Your right to use this Site immediately without notice to You if, in Studio1098's sole discretion, You violate or fail to comply with any of these Terms and Conditions of Use. In the event of termination, You will no longer be authorized to access this Site. The restrictions imposed upon You with respect to material copied or downloaded, and the disclaimers and limitations of liability set forth in the Terms and Conditions of Use, shall survive the termination of these Terms and Conditions of Use. You may otherwise terminate these Terms and Conditions of Use at any time, provided that You discontinue any further use of this Site.
23. Miscellaneous: These Terms and Conditions of Use constitute the entire agreement between You and Studio1098 relating to the subject matter addressed herein. If any portion of these Terms and Conditions of Use is adjudged invalid or unenforceable by a court of competent jurisdiction, the remaining portions will remain valid, enforceable, and carried into effect. The Terms and Conditions of Use may be modified by Studio1098 at any time without prior notice, by posting such changes at the Site. Modifications required by law or designated by Studio1098 will become effective immediately. Your continued use of the Site following notice of any such modification will be conclusively deemed Your unconditional acceptance of the revised Terms and Conditions of Use. If any such revision is unacceptable to You, You should discontinue use of the Site immediately. A printed version of these Terms and Conditions of Use and of any notice given in electronic form will be admissible in judicial or administrative proceedings based on or relating to these Terms and Conditions of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The failure of Studio1098 to act with respect to a breach of this Agreement by You or others does not constitute a waiver and shall not limit Studio1098 or its partners' rights with respect to such breach or any subsequent breaches.