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General Terms & Conditions
Terms and conditions for the online sale of goods and services
J. COTTER GALLERY work is handmade, unique and one of a kind.
1. This document contains very important information regarding your rights and obligations, as well as conditions, limitations and exclusions that might apply to you. Please read it carefully.
By placing an order for products or services from this website, you accept and are bound by these terms and conditions. You may not order or obtain products or services from this website if you (a) do not agree to these terms, (b) are not the older of (i) at least 18 years of age or (ii) legal age to form a binding contract with J. Cotter Gallery or (c) are prohibited from accessing or using this website or any of this website's contents, goods or services by applicable law.
These terms and conditions (these "Terms") apply to the purchase and sale of products and services through jcottergallery.com (the "Site"). These Terms are subject to change by J. COTTER GALLERY (referred to as "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms prior to purchasing any product or services that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
2. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation e-mail with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between J. COTTER GALLERY and you will not take place unless and until you have received your order confirmation e-mail. You have the option to cancel your order at any time before we have sent your order confirmation e-mail by calling our Studio at +1 (970) 476-3131 or [email protected].
3. Prices and Payment Terms.
(a) Prices. All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation e-mail. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation e-mail. We are not responsible for pricing, typographical or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
(b) Payment. Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept PayPal, Visa, Mastercard, American Express for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
(c) Gift Certificates. Gift certificates are available for purchase. Please contact us at +1 (970) 476-3131 or [email protected].
4. Shipments; Title and Risk of Loss.
(a) Shipping. We will arrange for shipment of the products to you according to the shipping option you choose. Please check our shipping information page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. You are responsible for all duties and taxes applied to a shipment at customs. A contact phone number is required for all shipments.
(c) Title and Risk of Loss. Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
(d) Out of Stock Items. Items not on hand at time of order will ship approximately four (4) to six (6) weeks after we receive your order. You will receive a confirmation of shipment when the order is sent. If you need your order sooner, please contact us to see how quickly we can accommodate you. Expedition fees may apply.
(a) Gift Wrapping. All packages will arrive gift wrapped and in our exclusive J. Cotter packaging.
(b) Gift Note. You may include a personalized note that will appear printed on a J. Cotter note card to be included in your order package. Please provide the message during checkout.
(c) Engraving. Engraving is available for certain items. Engraved items are non-returnable. Please contact our staff at [email protected] or +1 (970) 827 4222 (Monday-Friday 10am-4pm MDT) for pricing and availability.
(d) Sizing. Due to the nature of originality of each piece, ring sizes may vary. The size of each ring will be listed - We will size rings up to one and half (1.5) sizes larger or smaller than our listed ring sizes. Rings ordered in sizes larger or smaller than one and half (1.5) are subject to a size fee increase. Sizing takes three (3) to five (5) business days in addition to shipping time. The first ring sizing is at no cost to you. Should a re-size be necessary, there is a seventy-five dollar ($75) fee. All rings under size five (5) and over size eleven and a half (11.5) will need to be placed as special order and will be shipped in four (4) to six (6) weeks of our receipt of the special order. Some rings cannot be resized. Please see specific product pages for more information. In the event that you would like to order a non-resizable ring in a size that is not in stock, you must submit your order as a special order. Please contact us at stud[email protected] or +1 (970) 827 4222 for more information.
(e) Repairs. For any repair inquiries, please contact us at [email protected] or +1 (970) 827 4222 for more information.
(f) Authenticity. All J. Cotter Gallery jewelry pieces contain our hallmark and will be shipped with a Certificate of Authenticity. Please contact us at [email protected] or +1 (970) 827 4222 to report a possible counterfeit.
6. Returns and Refunds.
(a) Returnable and Non-Returnable Items. Except for any products designated on the Site as non-returnable, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within ten (10) days of delivery and provided such products are: (a) returned in their original condition; and (b) accompanied by a sales receipt to the J. Cotter Gallery including Certificate of Authenticity. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE. Custom and engraved items are non-returnable and non-refundable. All sales are final after ten (10) days from the date of delivery.
(b) Requesting a Return. To return products, you must call +1 (970) 827 4222 or e-mail our Studio [email protected] to request a return. If we authorize your return, we will provide you with a Return Merchandise Authorization ("RMA") number before shipping your product. No returns of any type will be accepted without an RMA number.
(c) Shipment of Return Items. Online purchases may not be returned in-store. Once we have received and authorized your return request, we will provide you with a pre-paid shipping label along with shipping instructions. Please ship your return using this pre-paid shipping label according to the shipping instructions. If you do not ship your return using the pre-paid shipping label or according to the shipping instructions, you are responsible for all shipping and handling charges on returned items and you assume the risk of loss during shipment, so we strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.
(d) Refund Processing. Refunds are processed within approximately fourteen (14) business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site.
7. Limited Warranty. We warrant that the products purchased from the site will be free from defects in workmanship. Our responsibility for defective products is limited to repair, replacement or refund as set forth in this warranty statement. This limited warranty gives you specific legal rights and you may also have other rights, which vary from state to state. Only J. Cotter Gallery (or an authorized J. Cotter jeweler) can resize, modify, repair, or work on your item.
(a) warranty exclusions. This limited warranty does not cover any damages due to: transportation; storage; improper use; failure to follow the product instructions or to perform any preventive maintenance; modifications; unauthorized repair; normal wear and tear; or external causes such as accidents, abuse, or other actions or events beyond our reasonable control.
(b) Remedies. With respect to any defective products during the Warranty Period, we will, in our sole discretion, either: (i) repair or replace such products (or the defective part) free of charge or (ii) refund the purchase price of such products. We will also pay for shipping and handling fees to return the repaired or replacement product to you if we elect to repair or replace the defective products.
(c) Warranty Service. To obtain warranty service, you must call +1 (970) 827 4222 or e-mail our Studio, [email protected] during the Warranty Period to obtain an RMA number. No warranty service will be provided without an RMA number.
(d) Limitation of Liability. The remedies described above are your sole and exclusive remedies and our entire obligation and liability for any breach of this limited warranty. Our liability will under no circumstances exceed the actual amount paid by you for the defective product that you have purchased through the site, nor will we under any circumstances be liable for any diminution in value, costs of replacement goods or services, or any consequential, incidental, special or punitive damages or losses, whether direct or indirect. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
8. Goods Not for Resale or Export. You agree to comply with all applicable laws and regulations of the various states and of the United States. You represent and warrant that you are buying products from the Site for your own personal or household use only, and not for resale or export.
10. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
11. Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Colorado.
12. Assignment and No Third Party Beneficiaries. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 12 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
13. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of J. COTTER GALLERY.
14. Notices. We may provide any notice to you under these Terms by: (i) sending a message to the e-mail address you provide or (ii) by posting to the Site. Notices sent by e-mail will be effective when we send the e-mail and notices we provide by posting will be effective upon posting. It is your responsibility to keep your e-mail address current. To give us notice under these Terms, you must contact us by personal delivery, overnight courier or registered or certified mail to J. COTTER STUDIO, 663 Boulder St., Minturn, CO 81645. We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three (3) business days after they are sent.
16. Help or Advice. We welcome you to contact our staff at +1 (970) 827 4222 between the hours of 9am and 5pm MDT or by email at [email protected].
Last Modified: October 15, 2020
This Website is offered and available to users who are eighteen (18) years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, please do not access or use the Website.
Accessing the Website and Account Security
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion.
Intellectual Property Rights
J. COTTER GALLERY work can't be reproduced or copied in any form. J. COTTER GALLERY owns the legal rights to the design and work.
The Company name, the terms "VAIL V", "VAIL HEART", "HEART OF VAIL VALLEY", "FIRST TRACKS" and the "Vail Valley symbol" the Pollock series, textured wide bands, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
- Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Website.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. This Website may include content provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials.
Information About You and Your Visits to the Website
Online Purchases and Other Terms and Conditions
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Website is based in the state of Colorado in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the website or any services or items obtained through the website or to your downloading of any material posted on it, or on any website linked to it.
Your use of the website, its content and any services or items obtained through the website is at your own risk. The website, its content and any services or items obtained through the website are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. Neither the company nor any person associated with the company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the website. Without limiting the foregoing, neither the company nor anyone associated with the company represents or warrants that the website, its content or any services or items obtained through the website will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components or that the website or any services or items obtained through the website will otherwise meet your needs or expectations. The company hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for a particular purpose. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
Limitation on liability
in no event will the company, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the website, any websites linked to it, any content on the website or such other websites or any services or items obtained through the website or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
Governing Law and Jurisdiction
Limitation on time to file claims
Waiver and Severability
Your Comments and Concerns
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to [email protected].
J. COTTER GALLERY reserves the right to use all images in advertising, as well as request work back for exhibition, show or publication.