These Terms and Conditions apply to the Argo
& Lehne, Inc. ("Argo & Lehne") Web sites located at www.argolehne.com and www.celebratewhatmatters.com (collectively,
the "Site") and to any Argo & Lehne Web site (and that of any affiliate or
subsidiary of Argo & Lehne) linked to or referenced in the Site. Please
read these Terms and Conditions carefully. BY USING THE SITE, YOU AGREE TO BE
BOUND BY THESE TERMS AND CONDITIONS. These Terms and Conditions govern your use
of, and any purchase from, the Site and constitute an agreement between you and
Argo & Lehne. Argo & Lehne reserves the right to change or modify any
of these Terms and Conditions or any policy or guideline of the Site at any
time, in its sole discretion, and without prior notice. Any change or
modification will be effective as of the date posted on the Site. Your
continued use of the Site after any such changes or modifications will constitute
your acceptance of them. Therefore, you should frequently review these Terms
and Conditions and our Site policies and guidelines. If you do not agree to the changes or modifications,
you must stop using the Site.
Product Availability, Pricing, and Descriptions
If you're interested in purchasing a piece of jewelry posted on
the Site that is currently on back order, call us and we can tell you when the
item will be back in stock and available. Sometimes with the volume of orders
we receive, an item may go out of stock before we are able to post a
notification on the Site. If this happens to an item you attempt to purchase,
we will contact you directly to discuss possible options.
Any information, including product prices, descriptions, and images, may be displayed inaccurately
on the Site due to system or typographical errors or because we have changed the
information. While we make every attempt to avoid displaying inaccurate
information on the Site, that may occur. We therefore reserve the right to correct
any and all inaccuracies when they do occur.
We do not honor inaccurate prices. If a product's displayed price is different
than its actual price, we will, at our discretion, either contact you for
instructions before shipping the product or cancel the order and notify you of
such cancellation. All prices are final upon shipping. We do not negotiate
prices on our products.
Diamond Certificates
When you order a loose diamond, we ship it to you with the
accompanying diamond grading report (also called a diamond certificate). These
grading reports are detailed documents created by diamond grading experts at
highly respected diamond laboratories - making it very expensive to replace a
diamond grading report. Because of this, we require each diamond grading report
to be included with each returned diamond. If you do not include the diamond
grading report with your return, you will be charged a replacement fee of $250.
Comparison Purchasing
To keep our prices low, we do not allow comparison purchasing.
Comparison purchasing is the act of buying several items with the intent of
keeping the one you like best and returning the remainder. This causes undue
restocking and inventory overhead and can be very costly. To confirm the
quality of a jewelry item, please contact one of our Diamond and Jewelry
Consultants at info@argolehne.com or 888-397-2746, and we would be happy to
help you make your choice.
Information on our Site
At Argo & Lehne, we make every attempt to ensure that our
online catalog is as accurate and complete as possible. In order to give you
the opportunity to view our products in great detail, some products may appear
larger or smaller in our photographs than their actual size. Also, every computer monitor is set and
displays differently, so the color and appearance of an item on our Site may
vary be different than it actually is.
Our objective is to provide you with as much information and detail about your prospective purchase
as possible so that you can see the beauty and shape of a particular item. In
compliance with industry standards and FTC regulations, Argo & Lehne states
that carat total weight in all purchases may vary 0.05 carats from stated
weight. Single loose diamonds may vary only 0.005 from stated weight.
We provide the measurement of our products based on our manufacturing specifications. Slight
tolerances may be accounted for based on finishing during the manufacturing.
For gemstone and pearl measurements, a tolerance of 0.25 mm is allowed.
For diamond jewelry set with multiple diamonds, we provide the minimum total carat weight for the
piece. Color and clarity grades are expressed as either a minimum or an average
depending on the number of diamonds. If stated as a minimum, all diamonds
within the piece are at or above the stated quality. If expressed as an
average, collectively the quality is equal to or exceeds the grade stated.
Policy on Conflict Diamonds
At Argo & Lehne, we only purchase diamonds through the
largest and most respected suppliers who, like us, proudly adhere to and
enforce the standards established by the Kimberley Process, an international
system that polices the trade of diamonds to ensure they are from sources free
of conflict. Read more about Argo & Lehne's policy on conflict diamonds and the steps we take to ensure our diamonds are from conflict free sources. Beware of any diamonds whose prices seem unusually low and whose
vendors do not have written policies pertaining to their sourcing.
Privacy Policy
Please refer to our Privacy Policy for information on how Argo & Lehne collects, uses, and
discloses personally identifiable information from its customers and those who
use the Site.
Site Content
The Site and all content and other materials, including, without
limitation, the Argo & Lehne logo, and all designs, text, graphics, pictures,
selection, coordination, "look and feel", information, data, operation, software,
sound files, other files and the selection and arrangement thereof
(collectively, the "Site Materials") are the proprietary property of Argo
& Lehne or its licensors or users and are protected by trade dress,
copyright, patent and trademark laws, and various other intellectual property
rights and unfair competition laws.
Trademarks
Argo & Lehne, the Argo & Lehne logos, and any other
product or service name(s) or slogan(s) contained in the Site are trademarks or
service marks of Argo & Lehne and/or its suppliers or licensors. Any use or copying of them in whole or in
part is strictly prohibited without the prior written permission of Argo &
Lehne or the trademark or service mark holder. You may not use any metatags or
any other "hidden text" utilizing "Argo & Lehne" or any
other name, trademark, service mark, or product or service of Argo & Lehne without
our prior written permission. All other trademarks, service marks, product
names, and logos mentioned in or displayed the Site are the property of their
respective owners and may not be used or copied without the prior written
permission of their owners.
Use of the Site
You are granted a personal, limited, and non-sublicensable
license to access and use the Site for its intended purposes, including
electronically copying (except where prohibited without a license) and printing
to hard copy portions of the Site Materials for your informational,
non-commercial, and personal use only. Such license is subject to these Terms
and Conditions, as modified, and does not include any right to: (a) any resale
or commercial use of our Site or the Site Materials; (b) the collection and use
of any product listings, pictures, or descriptions for commercial purposes; (c)
the distribution, public performance, or public display of any Site Materials;
(d) modifying or otherwise making any derivative uses of the Site or the Site
Materials or any portion thereof; (e) use of any automated means to access,
monitor, or interact with any portion of our Site, including through data
mining, robots, spiders, scraping, or similar data gathering or extraction
methods; (f) copying or downloading (other than the page caching) of any
portion of our Site, the Site Materials, or any information contained therein,
except as expressly permitted on our Site; (g) cause to appear any pop-up,
pop-under, exit windows, expanding buttons, banners, advertisement, or anything
else which minimizes, covers, or frames or inhibits the full display of our
Site; (h) use our Site in any way that interferes with its normal operation; or
(i) any use of our Site or the Site Materials other than for their intended
purposes. Any use of the Site or the Site Materials other than as specifically
authorized herein, without the prior written permission of Argo & Lehne, is
strictly prohibited and will terminate the license granted herein. Such
unauthorized use may also violate applicable laws, including without limitation
copyright and trademark laws and applicable communications regulations and
statutes. Unless explicitly stated herein, nothing in these Terms and
Conditions shall be construed as conferring any license to intellectual
property rights, whether by estoppel, implication, or otherwise. This license
is revocable at any time.
Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other
applicable law, Argo & Lehne has adopted a policy of terminating and
barring, in appropriate circumstances as determined in Argo & Lehne's sole
discretion and without prior notice or warning, site users or account holders
who are deemed to be repeat infringers. Argo & Lehne may also at its sole
discretion and without prior notice limit access to the Site and/or terminate
the accounts of any users who infringe any intellectual property rights of others,
whether or not there is any repeat infringement.
Third Party Content
Argo & Lehne may provide links on the
Site to Web pages of third parties as a service to those interested in such
links. Argo & Lehne assumes no
responsibility for the content of, the operation of, the technology implemented
by, the privacy practices of, or the terms of conditions of any third party Web
sites. Any use of a third party Web site
is at the risk of the user. Therefore,
the user should review the terms of use and privacy policies of the third party
sites prior to use. Links on the Site do
not imply Argo & Lehne's endorsement or that Argo & Lehne has conducted
any review of their privacy policies or terms of use.
Advertisements and Promotions
Argo & Lehne may run advertisements and promotions from
third parties on our Site. Your business dealings or correspondence with, or
participation in promotions of, third parties, and any terms, conditions,
warranties, or representations associated with such dealings, are solely between
you and such third party. Argo & Lehne is not responsible or liable for any
loss or damage of any sort incurred as the result of any such dealings or as
the result of the presence of such non-Argo & Lehne third-party
advertisements and promotions on our Site.
Submissions
You acknowledge and agree that any materials, including but not
limited to questions, comments, suggestions, ideas, plans, notes, drawings,
original or creative materials or other information, regarding this Site, Argo
& Lehne, or our products or services that are provided by you to Argo &
Lehne are non-confidential and shall become the sole property of Argo &
Lehne. Argo & Lehne will own exclusive rights, including all intellectual
property rights, and will be entitled to the unrestricted use and dissemination
of these materials for any purpose, commercial or otherwise, without
acknowledgment or compensation to you. You grant Argo & Lehne and its
affiliates and sublicensees the right to use the name that you submit in
connection with such content, if they choose. You represent and warrant that:
(a) you own and control all of the rights to the content that you submit, or
that you otherwise have the right to submit such content to this site; (b) the
content is accurate and not misleading; and (c) use and posting of the content
you supply will not violate any rights of or cause injury to any person or
entity.
Indemnification
You agree to defend, indemnify, and hold harmless Argo &
Lehne, its independent contractors, service providers and consultants, and
their respective directors, employees, and agents, from and against any claims,
damages, costs, liabilities, and expenses (including, but not limited to,
reasonable attorneys' fees) arising out of or related to any content you post,
store, or otherwise transmit on or through our Site or your use of or inability
to use our Site, including without limitation any actual or threatened suit,
demand, or claim made against Argo & Lehne and/or its independent
contractors, service providers, employees, directors, or consultants, arising
out of or relating to the content you post, your conduct, your violation of
these Terms and Conditions, or your violation of the rights of any third party.
Disclaimer of Warranty
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY ARGO
& LEHNE, THIS SITE, THE INFORMATION AND CONTENT CONTAINED THEREIN, AND THE
PRODUCTS AND SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE
"PRODUCTS AND SERVICES") ARE PROVIDED ON AN "AS IS" BASIS
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ARGO & LEHNE
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT, AND MATERIALS IN OUR SITE.
ARGO & LEHNE DOES NOT REPRESENT OR WARRANT THAT ANY OF THE INFORMATION,
CONTENT, OR MATERIALS IN OUR SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR
ERROR-FREE. ARGO & LEHNE DOES NOT REPRESENT OR WARRANT THAT OUR SITE OR ITS
SERVERS OR THOSE OF ANY THIRD PARTIES ACCESSED THROUGH OUR SITE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
IN NO EVENT SHALL ARGO & LEHNE, ITS DIRECTORS, OFFICERS,
SHAREHOLDERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT,
OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT
LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION
IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING
OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR SITE OR ANY THIRD-PARTY SITE
ACCESSED THROUGH OUR SITE, THE PRODUCTS AND SERVICES OR THE CONTENT CONTAINED
IN OR ACCESSED THROUGH THEM, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY
OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED ON OR THROUGH
THEM, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES
OR COMMUNICATIONS, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR
TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS
OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO
RECORDS, PROGRAMS, OR SERVICES.
Applicable Law and Venue
These Terms and Conditions and your use of the Site are governed
by and construed in accordance with the laws of the State of Ohio applicable to
agreements made and to be entirely performed within the State of Ohio, without
resort to its conflict of law provisions. You agree that any action at law or
in equity arising out of or relating to these Terms and Conditions shall be
filed only in the state and federal courts located in Franklin County, Ohio. You hereby irrevocably and unconditionally
consent and submit to the exclusive jurisdiction of such courts over any suit,
action, or proceeding arising out of your use of the Site, any purchase from
the Site, our Privacy Policy, or these Terms and Conditions.
Modification and Notice
You agree that Argo & Lehne may modify these Terms and
Conditions and any other policies relating to the Site at any time and that
posting the modified Terms and Conditions or policies on our Site will
constitute sufficient notice of such modification.
Termination
Notwithstanding any of these Terms and Conditions, Argo &
Lehne reserves the right, without notice, to terminate your license to use the
Site and/or your account and to block or prevent your future access to and use
of the Site or your account. We may do this as a result of the breach by a user
of these Terms and Conditions, in response to law enforcement requests, as a
result of extended periods of user inactivity, or for any other reason in our
sole discretion. In the event that Argo
blocks or terminates your account, it will also delete or block all information
contained in or relating to your account.
Severability
If any provision of these Terms and Conditions shall be deemed
unlawful, void, or for any reason unenforceable, then that provision shall be
deemed severable from these Terms and Conditions and shall not affect the
validity and enforceability of any remaining provisions.
Questions & Contact Information
If you have any questions, please do not hesitate to contact one of our Diamond
and Jewelry Consultants at info@argolehne.com or 888-397-2746.
These Terms and Conditions do not apply to content provided by the Jewelers
Mutual Insurance Company. Terms and Conditions updated on June1, 2009.
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Privacy Policy - Terms and Conditions