TERMS AND CONDITIONS
These terms and conditions apply to the website of Neshi Designs Corp., located at www.neshidesigns.com, along with any associated websites linked to www.neshidesigns.com by Neshi Designs Corp., including its subsidiaries and affiliates globally (collectively referred to as “the Site”). Please review these Terms and Conditions carefully. By accessing or using the Site, you agree to be bound by these terms.
These Terms and Conditions govern your use of the Site and any purchases made from it, establishing an agreement between you and Neshi Designs Corp. Neshi Designs Corp. reserves the right to modify or update these Terms and Conditions or any related policy or guideline at its sole discretion. Any changes or updates will take effect immediately upon being posted on the Site. Your continued use of the Site following the posting of such changes signifies your acceptance of those modifications. Therefore, we recommend reviewing these Terms and Conditions regularly to stay informed of the latest terms that apply to your use of the Site. If you disagree with any changes, you must cease using the Site.
Product Availability
At times, you may successfully add an item to your shopping cart and place an order, only for it to be canceled due to product unavailability. You acknowledge that products can sell out quickly, and there may be a brief window after order submission in which an item becomes unavailable. You agree that if this occurs, we may cancel your order without any penalty after an Order Confirmation has been sent to you.
In rare instances, you might receive a Shipping Confirmation, only to later discover that the product is no longer in stock, either in our inventory or that of our third-party fulfillment partner. In such cases, you agree that we may cancel the order without penalty, should we be unable to fulfill it due to the product’s unavailability.
If you are interested in a jewelry item currently on backorder, please contact us, and we will inform you when the item will be back in stock. Given the volume of orders we process, an item may sell out before we can update the website. If this happens, we will reach out to you directly to discuss alternative options.
Pricing
Data, including prices, may occasionally be displayed incorrectly on our Site due to system glitches or typographical errors. While we strive to minimize these errors, they can still occur. We reserve the right to correct any such errors when identified, and we do not honor incorrect or erroneous prices. If a product is listed at a lower price than its actual cost, we may, at our discretion, either contact you for approval before proceeding with the order or cancel the order and notify you of the cancellation. If the item has already been shipped, you agree to either return the product or pay the difference between the actual price and the amount you were charged. Prices are subject to change without notice. We apologize for any inconvenience this may cause.
We do not engage in price negotiations, and all prices listed are final.
Payment Information
After selecting your jewelry and providing your shipping details, you will be prompted to enter your payment information, including your credit card details and any applicable promotional codes or gift cards. By submitting your payment information and placing your order, you authorize us and our third-party payment processors to charge the order amount to the payment method you provided.
Comparison Purchasing
To maintain competitive prices, we do not allow comparison purchasing. Comparison purchasing refers to buying multiple items with the intention of keeping only one and returning the others. This practice incurs unnecessary restocking and inventory costs, which can be quite expensive for us.
Information on Our Site
At Neshi Designs Corp., we make every effort to ensure the accuracy and completeness of our online catalog. However, to provide you with detailed views of our products, some items may appear slightly larger or smaller than their actual size in our images. Additionally, color and size may vary slightly depending on your computer monitor settings.
Our goal is to offer as much information as possible to help you evaluate your potential purchase. In compliance with industry standards and FTC guidelines, we note that the carat total weight of items may vary by up to 0.05 carats from the stated weight.
Product measurements on our Site are based on our manufacturing specifications. Slight variations may occur due to finishing during production. For machine-made wedding bands, a width tolerance of 0.20mm is permitted, while cast rings may have slightly larger variations. For gemstone and pearl measurements, a tolerance of 0.25mm is allowed.
For diamond jewelry containing multiple diamonds, we provide the minimum total carat weight for the piece. If color and clarity grades are provided, they reflect either a minimum or average value, depending on the number of diamonds. If listed as a minimum, all diamonds in the piece meet or exceed the stated quality; if listed as an average, the overall quality of the diamonds meets or exceeds the specified grade.
Privacy Policy
Please refer to our Privacy Policy for details on how Neshi Designs Corp. collects, uses, and shares personally identifiable information from our customers.
Site Content
The Site, including all content and materials such as the Neshi Designs Corp. logo, designs, text, graphics, images, layout, information, software, audio files, and their arrangement (collectively, “Site Materials”), is the proprietary property of Neshi Designs Corp. or its licensors and is protected by copyright, trademark, patent, and other intellectual property laws, as well as unfair competition laws.
Trademarks
The trademarks, service marks, and logos of Neshi Designs Corp. and its suppliers or licensors, including any product or service names on the Site, are the exclusive property of Neshi Designs Corp. and may not be copied, imitated, or used, in whole or in part, without prior written permission. You may not use “Neshi Designs Corp.” or any other name, trademark, or product/service name from the Site in metatags or any hidden text without our prior consent. Other trademarks, registered trademarks, and logos mentioned on the Site are the property of their respective owners.
Use of the Site
You are granted a personal, non-transferable, and limited license to access and use the Site. You may copy content for personal use only, unless otherwise prohibited by law or without the appropriate license. Printing or copying Site Materials is allowed for personal, non-commercial use only.
License
The license granted to you is subject to these Terms and Conditions and does not permit:
(a) any resale or commercial use of our Site or the materials on it;
(b) the collection and use of product listings, images, or descriptions for commercial purposes;
(c) the distribution, public display, or public performance of any Site Materials;
(d) modifying or creating derivative works from our Site and its materials, or any part of them;
(e) using automated tools to access, monitor, or interact with any part of our Site, including but not limited to data mining, robots, spiders, scraping, or similar data collection methods;
(f) downloading any portion of the Site or its materials (other than for page caching), unless expressly allowed on the Site;
(g) causing pop-ups, pop-unders, exit windows, expanding buttons, banners, advertisements, or any other elements that hinder or obscure the full view of the Site;
(h) using the Site in a manner that disrupts its normal operation; or
(i) any use of the Site or materials other than their intended purpose.
Any unauthorized use of our Site or Site Materials, without prior written consent from Neshi Designs Corp., is strictly prohibited and will terminate the license granted here. Such unauthorized use may also violate applicable laws, including copyright, trademark, and communication regulations. Unless explicitly stated, nothing in these Terms and Conditions grants you a license to use any of our intellectual property. This license may be revoked at any time.
Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws, Neshi Designs Corp. has implemented a policy of terminating accounts or restricting access for users who are deemed to be repeat infringers. We also reserve the right to limit access or terminate accounts of users who infringe on the intellectual property rights of others, whether or not it is repeated infringement.
If you believe that your copyrighted work has been copied and is available on the Site in a way that constitutes copyright infringement, you may notify Neshi Designs Corp. by providing the following details (as required by the DMCA, 17 U.S.C. § 512) to:
Email: neshidesigncorp@gmail.com
- A physical or electronic signature of the person authorized to act on behalf of the owner of the allegedly infringed exclusive right;
- A description of the copyrighted work claimed to be infringed, or a representative list of such works if multiple works are involved;
- Identification of the material claimed to be infringing, and sufficient information to allow Neshi Designs Corp. to locate it on the Site;
- Contact information of the complainant, including address, phone number, and email address;
- A statement that the complainant believes in good faith that the use of the material is not authorized by the copyright owner or the law; and
- A statement under penalty of perjury that the information is accurate and that the complainant is authorized to act on behalf of the copyright owner.
Please note that if you knowingly submit false claims about infringing material, you may be liable for damages, including legal fees, under 17 U.S.C. § 512(f).
Third Party Content
Neshi Designs Corp. may provide links to third-party websites or content (“Third Party Content”) as a convenience to our users. We do not monitor or control any Third Party Content and do not endorse it. We make no guarantees regarding the accuracy or completeness of any third-party information. Any use of links to third-party sites or content is at your own risk, and Neshi Designs Corp. assumes no responsibility for the content, products, or services of such sites.
Advertisements and Promotions
From time to time, third-party advertisements and promotions may be displayed on our Site. Any business dealings or participation in promotions conducted by third-party advertisers are solely between you and the advertiser. Neshi Designs Corp. is not responsible for any loss or damage resulting from such dealings or for the presence of third-party ads on our Site.
Submissions
By submitting any materials to Neshi Designs Corp. (including, but not limited to, feedback, suggestions, ideas, or creative content), you acknowledge and agree that such materials will be considered non-confidential and will become the sole property of Neshi Designs Corp. You grant Neshi Designs Corp. and its affiliates unrestricted rights to use, modify, distribute, and disseminate these materials for any purpose, including commercial purposes, without any obligation to you.
You warrant that:
- You own or control all rights to the content you submit, or you have the necessary permission to submit it;
- The content is accurate and not misleading;
- The use of the content will not violate any third-party rights or laws.
Product Reviews and User Content
Our Site may include interactive areas (such as product reviews, forums, or other spaces where you or third parties can create, post, or store content). By participating in these interactive areas, you agree to use them at your own risk. You are responsible for any content you post, and you agree not to post any material that is:
- Unlawful, defamatory, obscene, pornographic, harassing, or otherwise objectionable;
- Encouraging or instructing others to commit illegal activities or violating any laws;
- Infringing on any intellectual property rights, including copyrights, trademarks, or patents;
- Impersonating others or misrepresenting your affiliation with any entity;
- Promoting unsolicited ads, political campaigns, or solicitations;
- Sharing private information of others, such as contact details or financial information;
- Containing viruses, corrupted files, or harmful software; or
- Restricting or inhibiting others from using or enjoying the Site.
Neshi Designs Corp. reserves the right to remove any content that it deems objectionable or harmful to the site or its users.
User Content Liability
Neshi Designs Corp. assumes no responsibility for any User Content posted, stored, or uploaded by you or any third party, or for any loss or damage to such content. We are not liable for any errors, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter on the Site. Your use of any Interactive Areas is at your own risk. While Neshi Designs Corp. is not obligated to screen, edit, or monitor content posted in any Interactive Areas, we reserve the right, at our sole discretion, to remove, screen, or edit any User Content at any time and for any reason, without notice. You are solely responsible for creating backup copies and replacing any User Content you post or store at your own expense.
Rights to User Content
By posting User Content to our Site, you grant Neshi Designs Corp. and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your User Content worldwide in any media. You also grant us the right to use the name you submit in connection with such content, if we choose. By submitting User Content, you represent and warrant that:
(a) you own or control all rights to the content, or you have permission to post it;
(b) the content is accurate and not misleading;
(c) the content does not violate these Terms and Conditions or infringe upon the rights of any third party.
Indemnification
You agree to defend, indemnify, and hold harmless Neshi Designs Corp., its contractors, service providers, and their respective employees, agents, and directors from any claims, damages, costs, liabilities, and expenses (including attorneys’ fees) arising from:
- Your User Content,
- Your use or inability to use our Site,
- Any violation of these Terms and Conditions, or
- Any violation of the rights of third parties.
Disclaimer of Warranty
Except as expressly stated in writing by Neshi Designs Corp., the Site, its content, products, and services are provided “as is” without any warranties, express or implied. Neshi Designs Corp. disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Site or its services are accurate, complete, reliable, current, or error-free. Neshi Designs Corp. does not guarantee that our Site or servers are free from viruses or harmful components.
Limitation of Liability
Neshi Designs Corp., its directors, members, employees, or agents shall not be liable for any direct, special, indirect, or consequential damages arising from or in connection with the use of our Site, its products and services, or content accessed through the Site, including but not limited to loss of data, profits, or use. This includes damages resulting from mistakes, errors, interruptions, deletion of files, delays, viruses, or unauthorized access to Neshi Designs Corp.’s records.
Applicable Law and Venue
These Terms and Conditions are governed by the laws of the State of California. Any legal action arising out of or relating to these Terms and Conditions will be filed exclusively in the courts located in Los Angeles County, California. You consent to the jurisdiction of such courts for any legal matters related to the Site, your use of it, or any purchases from it.
Modification and Notice
Neshi Designs Corp. reserves the right to modify these Terms and Conditions at any time. Posting the modified Terms on the Site will serve as sufficient notice. By continuing to use the Site after modifications are posted, you accept and agree to the updated Terms and Conditions.
Termination
Neshi Designs Corp. reserves the right to terminate your access to the Site at any time, without notice, at its sole discretion, and block or prevent future access to the Site.
Severability
If any provision of these Terms and Conditions is deemed unlawful, void, or unenforceable, the provision will be severed, and the remaining provisions will continue in full force and effect.
Questions and Contact Information
If you have any questions, please contact Neshi Designs Corp. at neshidesigncorp@gmail.com.
Updated: November 18th, 2024.
