CONSENT

 

This website is operated by Simona Palmisano LLC. These Terms and Conditions of Use (“Terms & Conditions”) govern your use of this website, under the URL/domain name simonapalmisano.com or any other URL/domain name which redirects to this website, and all of its content, functionality, products and services (collectively referred to as our “website” or “site”). These Terms & Conditions are applicable regardless of where or how you access the site.

For the purposes of these Terms & Conditions, “you”; “your”; or “user” means the user who accesses or uses the website. Throughout this site, the terms “we”; “us”; “our”; “Simona Palmisano” refer to SIMONA PALMISANO LLC, a limited liability company under Florida. Accessing or using our website constitutes your acceptance of these Terms & Conditions and your acceptance means you are entering into a binding contract with Simona Palmisano LLC, as well as its affiliated companies, and all of its directors, officers, employees, and contractors. You may use our website only if you can form a binding contract with Simona Palmisano LLC. Our website, its viewing, and its use for purchases, as well as links provided on the website, are not intended for persons under 18 years of age. Persons under 18 years of age should not use this site. By visiting www.simonapalmisano.com you are accepting and consenting to the practices described in our Privacy Policy and Terms and Conditions.

Unless otherwise specified herein, these Terms constitute the entire agreement between the user and Simona Palmisano with respect to the website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Simona Palmisano with respect to the site. We may modify the Terms and Conditions at any time. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law. 

You should read these Terms & Conditions carefully before using and/or placing orders on our site . Please check them again before each purchase. By using the site, you acknowledge that you have read and that you agree to the Terms & Conditions, including our Privacy Policy. IF AT ANY TIME YOU NO LONGER AGREE TO BE BOUND BY THESE TERMS, YOU SHOULD IMMEDIATELY CEASE USE OF THIS SITE.

ORDERS

Orders can be placed online at www.simonapalmisano.com at any time. All orders are subject to acceptance and availability. Please note that items in your shopping cart are not reserved and may be purchased by other customers. The receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. It is solely the confirmation that we have received your order.  Verification of information may be required prior to the acceptance of any order. An email with tracking information will be sent when your order ships. Orders with multiple items will ship together unless agreed otherwise with our customer service. Orders above $1000 (USD) will require a signature upon delivery.

SHIPPING

When we receive your order we strive to get your package to you as soon as possible. If the item that you have ordered is in stock, it will be dispatched from our warehouse within 5 working days. However, most of our pieces are cast upon order, in which case, your order will be dispatched in 2 weeks from the date of order. Estimated delivery times commence from the date of dispatch. Simona Palmisano is not responsible for any delay caused by delivery companies. When you place an order on the website, we will send you an email with the tracking number on the day your package will be dispatched. You can check the status of your shipment using the tracking number.  We generally ship domestically with USPS Priority Mail unless otherwise agreed.

RETURN

If you want to return your purchase, you can do so within 7 days after the package has been delivered to the address provided for a full refund and within 30 days for a store credit. 

Returns that are damaged may not be accepted and may be sent back to the customer at their expense and/or a refund refused. If your item came with a tag attached to it, the tag must be intact and in the same place we have attached it in order for us to honor our return policy. The original pouch needs to be returned as well to be able to receive a refund. You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund. Please consider using a trackable shipping service or purchasing shipping insurance as we will not be responsible for lost or damaged items and will refund you only after receiving the item.

For faulty items, please reference the Faulty Goods section of these Terms and Conditions.

FAULTY GOODS

Please note that items that are damaged as a result of normal wear and tear are not considered to be faulty. If you receive a faulty item, we can either refund you or exchange it for the same item, in the same size, color(s), and same material(s). When possible, we will offer to repair faulty items. If it cannot be repaired or the same product is not available, you are entitled to a full refund. If you receive a faulty product, please let us know by emailing us at info@simonapalmisano.com

 

FINE JEWELRY

SIMONA PALMISANO will only produce fine jewelry and personalized items upon request. For personalized fine jewelry, orders will be confirmed by a sales representative during weekday business hours via email or by phone. The order is finalized after the client's approval of the design, of the price and a full payment. Once the order is placed and the item produced, it will not be possible to return or get refunded for the item.  Fine jewelry and special request items take approximately 4-6 weeks to produce and ship. If interested in expedited production and delivery please get in touch with our sales representative and, if it is feasible for Simona Palmisano to accommodate said request, upon additional fee, an expedited production can be agreed upon.

 

JEWELRY CARE 

 As expressed throughout every product page in this website and as stated in the Jewelry Care booklet that you will receive with your jewelry, proper care of the pieces is essential to prevent the metals from ruining. Please note that brass, gold plated brass and silver are all subject to some tarnishing, scratching, and general signs of use. Simona Palmisano is not responsible for pieces that have been ill cared for. Additionally, pearls and stones need to be protected as expressed both in our Jewelry Care booklet and in this website as described in our Jewelry Care page. If you have any question on how to best take care of your pieces, feel free to inquire at info@simonapalmisano.com and we will be happy to provide you with all the answers you need.

COLORS

We have made every effort to display as accurately as possible the colors of our products that appear on the Simona Palmisano website. However, the actual colors you see will depend on your monitor. We cannot guarantee that your monitor will display any color accurately.

REPAIRS

If  an item is in need of a repair, which is not due to fault (see the Faulty Goods section in these Terms and Conditions) we are happy to provide one free of cost for one year from the date of purchase. Should a repair be necessary after these 12 months, we will provide one at a minimal cost, depending on the nature of the work. Any packaging, shipping, and insurance fees are the responsibility of the customer, when shipping the damaged piece to us, and our responsibility (packaging, shipping, and insurance fees) when shipping the repaired piece back to the customer.

Please contact us at info@simonapalmisano.com to request this service and to obtain instructions.

SITE, IMAGES AND PRODUCTS

The intellectual property of Simona Palmisano LLC; SIMONA PALMISANO includes every part of the website, graphics, logos, products, designs, photos, videos, and sounds, unless otherwise stated. Therefore, no part of the aforementioned intellectual property can be utilized  for any commercial use unless specifically expressed in writing from Simona Palmisano/Simona Palmisano LLC. Whether they are or not protected by trademarks or watermarks, you agree not to infringe upon Simona Palmisano’s intellectual property rights in any fashion.

Nothing in these Terms and Conditions grants you a right to use any intellectual property owned by Simona Palmisano or any other third-party except as expressly provided in these Terms and Conditions.. You may not copy, modify, upload, download, transmit, publish, republish, create derivative works from, sell, re-sell or distribute without Simona Palmisano explicit and written consent.. If you wish to utilize Simona Palmisano’s products or any part of her intellectual property, both for commercial or non commercial use, please contact us at info@simonapalmisano.com

THIRD-PARTY SITES 

Our site may contain links to third-party websites, services, resources, or other forms of content. Simona Palmisano does not warrant the accuracy of this content nor endorse this content. Your dealings with such third-party websites, services, resources, and content are solely between you and the aforementioned and we advise that you carefully read their respective terms, contracts, and policies. You acknowledge that Simona Palmisano is not responsible for these third-party sites, their services, their resources and their content, or your use of it, and agree that Simona Palmisano will not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party sites, services, resources, and content. 

DISCLAIMER OF WARRANTY

You expressly agree that your use of our service(s) is at your sole risk and that our services are provided “as is” and without warranties of any kind. To the fullest extent permitted under law, SIMONA PALMISANO LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SIMONA PALMISANO LLC MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE SERVICE WILL BE ACCURATE OR RELIABLE, and (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. 

Simona Palmisano does not represent or warrant that this site, or the server that makes this site available, or any email sent to you is free of a virus or something else harmful and assumes no responsibility or liability to any damages, or viruses that may infect your computer equipment or other property on account of access to, use of, or browsing of the site as well as the downloading of any materials (text, images, videos, audio and other content). . Simona Palmisano does not make any warranties regarding information on this site in terms of correctness, accuracy, adequacy, reliability, usefulness or otherwise. Simona Palmisano reserves the right to correct any errors. Inaccuracies or omissions, and to change and update information at any time without notice.

LIMITATION OF LIABILITY

In no case shall Simona Palmisano, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. Your only remedy against Simona Palmisano for dissatisfaction with any service or services is to stop using the website.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Simona Palmisano and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. 

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of theState of Florida..

 CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@simonapalmisano.com

WAIVER

If you breach these terms and conditions we will be entitled at any time to use our rights and remedies in any situation where you breach the terms and conditions here stated. Lack of no immediate action will not be considered a reason to forgo such rights on our part.