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Terms of Use

TERMS AND CONDITIONS FOR USING THE RAUSCHMAYER WEBSITE ARE AS FOLLOWS:

Preface

These Website Standard Terms And Conditions (these “Terms” or these “Website Standard Terms And Conditions”) contained herein on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of these Website Standard Terms And Conditions.

  1. 1. Introduction

1.1
RAUSCHMAYER requires the users of this Website to acknowledge that they are bounded by its terms and conditions when using any service in it. Below is a list of those terms and conditions that are applicable for any transaction the users conduct as well as any other critical section such as privacy and return policy. Users must read these terms and conditions very carefully before they use the website. Using the site means that they have agreed to be subjected to any of these terms and conditions, and they have understood the company’s Privacy Statement section concerning their personal information.

1.2
Users should also note that the company reserves the right to do any alteration in these terms and conditions when necessary, and it expects such changes to take effect as soon as it has posted them on this Website. Thus, it is the responsibility of users to read the terms and condition any time they want to use this website since the latest term and conditions bound them each occasion they use the site.

  1. 2. Intellectual Property Rights

2.1
Other than content you own, which you may have opted to include on this Website, under these Terms, Rauschmayer and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website.

  1. 3. Restrictions

3.1
You are expressly and emphatically restricted from all of the following:

  • Publishing any Website material in any media.

  • Selling, sub-licensing and/or otherwise commercializing any Website material.

  • Publicly performing and/or showing any Website material.

  • Using this Website in any way that is, or may be, damaging to this Website.

  • Using this Website in any way that impacts user access to this Website.

  • Using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity.

  • Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website.

  • Using this Website to engage in any advertising or marketing.

Certain areas of this Website are restricted from access by you and Rauschmayer may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.

  1. 4. Your Content

4.1
In these Website Standard Terms And Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website. With respect to Your Content, by displaying it, you grant Rauschmayer a non-exclusive, worldwide, irrevocable, royalty-free, sub-licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

4.2
Your Content must be your own and must not be infringing on any third party’s rights. Rauschmayer reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.

  1. 5. No warranties

5.1
This Website is provided “as is,” with all faults, and Rauschmayer makes no express or implied representations or warranties, of any kind related to this Website other than specific warrantied indicated for products purchased on this website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.

  1. 6. Limitation of liability

6.1
In no event shall Rauschmayer, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and Rauschmayer , including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

  1. 7. Indemnification

7.1
You hereby indemnify to the fullest extent Rauschmayer from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.

  1. 8. Severability

8.1
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceable aspect or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

  1. 9. Variation of Terms

9.1
Rauschmayer is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.

  1. 10. Assignment

10.1
Rauschmayer shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

  1. 11. Placing orders and purchasing items

11.1
When you place an order through RAUSCHMAYER or on their website, the process is only valid if it observes these terms and conditions.

11.2
All details necessary to complete your order will be set when you are placing the order. As a result, RAUSCHMAYER will send an email acknowledging the purchase and give all details about the products you have purchased.

11.3
You cannot access the details concerning their purchase on their website. Following this, it is advisable for you to make a copy of the “Acknowledgement of purchase” email to serve as your personal records. You can also obtain the specific details of your previous transaction by contacting the company.

  1. 12. Delivery

12.1
Currently, the company is only able to provide delivery service to customers in places where Malca-Amit and FedEx offer a normal delivery service.

12.2
You will get the estimated time scale as well as the delivery charges when you have placed an order. RAUSCHMAYER has a history of making every effort to meet the expected timescale when delivering goods to its customers. However, unforeseen factors may occasionally lead to delay or even delivery failure. In such cases, RAUSCHMAYER takes no liability. You can collect your orders by hand, directly from RAUSCHMAYER after representing an applicable proof of identities like an Identity Card or Passport.

12.3
RAUSCHMAYER passes any risk of loss or damage during the product (s) delivery to the buyer.

12.4
RAUSCHMAYER mainly relies on FedEx delivery agents for secure delivery of products to their clients all over the world. However, RAUSCHMAYER may nominate a different agent in special circumstances.

12.5
The delivery agents will deliver the goods to the address provided by you when placing the order. RAUSCHMAYER assumes that a certain order is delivered when the agent delivers it to the delivery address, or, in case the agent fails to deliver the goods to your address and leave it at another address, you collect it from there.

The delivery agent will notify you to collect your order within the next five working days. If you fail to collect the order within this period, RAUSCHMAYER will consider the delivery process as successful, and you can only do any return as per the return policy discussed later. You will sign a delivery note on collecting the order.

12.6
RAUSCHMAYER recommends its customers to provide it with a delivery address that is not accessible by third parties. To avoid any potential doubt, the agents should not deliver goods directly to the clients. Following this, goods are deemed to be delivered when the agent transfers the order to your delivery address or when you collect it at the collection address that was given by the delivery agent, and not when delivered to you personally.

  1. 13. Acceptance and payment for an order

13.1
RAUSCHMAYER will submit his client’s ID to an identity verification agent for verification prior to any consideration of your application. Therefore, RAUSCHMAYER expects to obtain accurate information from the customers. It will also check the details with fraud protection and prevention agencies.

However, you have the legal right to confirm those details including the credit references, and their source as well as who can access them. You can contact the company at 1 (855) 398-2726 to obtain such information. In addition, you can receive a copy of these details upon applying to us writing and paying the applicable fee.

13.2
Once RAUSCHMAYER receives your order, it checks your debit/credit card as well as whether the stock is available. Goods are always subject to availability. RAUSCHMAYER can then deduct the payment from the card if the goods needed are available. RAUSCHMAYER will inform you in case they are unable to supply the products as soon as it can. In such a case, a full refund will be given to you, if you have already paid for the goods.

13.3
You will pay for a product the price that was reflecting in the company’s website when they were making an order. Although RAUSCHMAYER does its utmost to display correct prices for goods on their website, error at times do occur.

When you order for a product with such price errors, RAUSCHMAYER will let you know as soon as possible. RAUSCHMAYER will also give you the chance to cancel your order or reconfirm it. RAUSCHMAYER will consider such an order as cancelled if it fails to contact you and refund you fully, in case payment was already made.

13.4
RAUSCHMAYER allows you to make the payment online by first applying for the order and then following the given procedure and finally going through the “check out” process.

13.5
You assume the title to the goods you purchase in the website at the time of delivery provided the moment you have fully paid for them.

13.6
The prices of products as displayed on RAUSCHMAYERS’ website are exclusive of Sales Tax as well as delivery charges, except when expressly stated, or VAT in international countries. Sales Tax is adjusted to each state’s law in the United States and will be adjusted accordingly. For customers out of the US, VAT will be in accordance with the local regulation. RAUSCHMAYER assumes no responsibility or any other risks with regard to the goods, money and return, in case of non-payment of your duties and taxes.

13.7
RAUSCHMAYER has the freedom to cancel your order and shall give back the money received from you, within 120 (Hundred and Twenty) days after the payment date to your nominated bank account.

13.8
You agree that RAUSCHMAYER has no liability to you in any event that leads to losses, expenses, and damages by using their website.

13.9
You also agree to indemnify RAUSCHMAYER for all costs and outgoings it incurs in completing a failed payment process.

  1. 14. Returns and Substitutions

14.1
RAUSCHMAYER provides an opportunity of a full-unrestricted refund to you within thirty days of delivery date. This return policy is restricted to:

  • Any item with the product price that was not exceeding 3,000 (Three Thousand) Dollars (USD) during the time of purchase excluding State Tax or VAT. Otherwise, the period is reduced to within 14 (Fourteen) days of delivery date.

  • Items that are still in their original state or as they were displayed on their website, and without any customization or damages.

  • Promotional items for which the return policy is always restricted to within 14 (Fourteen) days of delivery date.

  • Custom made/design products, for which you have ordered the good(s) according to your wishes and dimensions. Therefore, RAUSCHMAYER cannot offer you a return for this product, due to explicit of product and your own awareness and look of this certain item.

However, you are advised to contact the company as its management can abandon some of this limitation based on the case on hand. In the unlikely occasions that the delivered goods turn to be damaged, faulty, or different from what you have ordered, RAUSCHMAYER will request you to send them back. It will begin by investigating any illicit methods such as damage, replacement, or other caused events by third parties or the client. RAUSCHMAYER will only refund the items fully in case the faulty originated from the company.

14.2
RAUSCHMAYER will only then confirm the returns of an order by you provided that you return the products in their original conditions and together with their original certificates and packaging where applicable. RAUSCHMAYER may charge you between USD 150,- (Hundred Fifty) to USD 2,000,- (Two Thousand) if you fail to return the certificates, and in order to get a replacement, with the cost depending on the item. Besides, you may have to pay the additional cost for packaging as well as other collateral material.

You will also have to clear the insurance and shipment cost when returning the order. The total amount of these costs depends on the value of the item as well as the country where the item is shipped from.

14.3
RAUSCHMAYER has the responsibility to verify and authenticate all returns from you. RAUSCHMAYER may consider the return and refund of purchased products with any element of engraving, bespoken items, designs, personalization by or for you on a case-by-case basis. You are not allowed to return items such as earrings for health and safety reasons. RAUSCHMAYER also advises you not to include the any words such as jewelry, gold, or diamonds on the packaging of their returned item for security reason since these words may attract burglary incidences.

You can contact your customer care representative in the company to get further information when preparing a return. You can also send an email in order to ask any question concerning returns to [email protected] or just contact us by phone for any further questions on this number: Call us toll free at 1 (855) 398-2726

  • RAUSCHMAYER cannot be held responsible for damage or loss of return shipments or those resulting cancellation or late delivery of client’s order. Thus, you should keep all posting documentation safe.

14.4
All jewelry and ring measurement and sizes are approximate but the RAUSCHMAYER endeavors to make sure that the measurements and sizes are accurate. RAUSCHMAYER advices you not to guess the ring size if you are not sure, but leave it for RAUSCHMAYER to choose a standard size for you. In this case, you have the option to send it back for resizing without any additional charges except for shipping, duties and taxes if applicable. In case you have requested for a specific ring size but it turns out to be incorrect, you will have to pay a maximum charge of USD 400.00 - (Four Hundred) exclusive of Sales Tax.

14.5
RAUSCHMAYER will retain the ownership of goods that you have paid for in full. If you have received goods you have not paid for, and RAUSCHMAYER requests you to return these goods, you should do so promptly.

14.6
RAUSCHMAYER offers you a warranty against defects, which provides a guarantee of a minimum of three years. No compensation will be made to items that were subjected to excessive wear, physical damage or abuse whether accidental or not. Insurance and protection of the items will become your sole responsibility once you accept the delivery.

14.7
If you, or any other third party, or another jewelry alter or tamper with the purchased jewelry, the return policy as well as the warranty policy will cease to apply. Thus, the item will become nonreturnable and non-refund.

  1. 15. Intellectual property

15.1
RAUSCHMAYER expects you as a website user to acknowledge and agree that all intellectual property rights such as trademarks and all copyrights in all content and materials made available for you to use on RAUSCHMAYERS’ website remains vested in it at all times. You are only permitted to use any content from RAUSCHMAYERS’ website when the company or its licensor expressly authorizes them. The content may include but is not limited to any text, picture, video and graphics, audio and audio-visual materials. Therefore, you may not copy, distribute, reproduce, distribute, download, transmit, or display the content of RAUSCHMAYERS’ website by any means, unless for the purpose outlined below.

15.2
RAUSCHMAYER also expects you as a user to acknowledge and agree that it had made the content and material on this Website available for your personal and non-commercial use. As a result, you may download such content and material for reasons related to use of this Website.

  1. 16. Liability and Indemnity

16.1
These terms and conditions do not limit or exclude liability to anybody for causing personal injuries or death due to fraudulent misrepresentation, and negligence, among other liabilities that may not otherwise be excluded or limited under applicable law.

16.2
RAUSCHMAYER will apply intellectual endeavors to check the accuracy and relevance of any information displayed on their site while being bounded to part 17 below. However, it makes no warranty or representation of any kind concerning the availability or the contents of the site, that it will be error-free or timely, or that it will correct the errors. RAUSCHMAYER can also not guarantee that its site or the server are free of bugs, viruses, or represent full reliability, functionality, and accuracy of the website. Thus, RAUSCHMAYER will not be liable for any loss of your materials or content that are transmitted or uploaded through their website. RAUSCHMAYER will also not accept liability of any kind for any damage or loss resulting after you take any action that relies on the information or material provided on RAUSCHMAYERS’ Website.

16.3
Subjected to part 17 below, any other warranties, indemnities, terms and condition other than those expressly provided in section 15, are hereby omitted to the fullest scope under applicable laws.

RAUSCHMAYER recommends you as a user of this website to make a copy of these terms and conditions for your future reference. You can also contact our customer service whenever you have a question related to this Website.

  1. 17. General

RAUSCHMAYER reserves the right to make alterations in these terms and conditions whenever necessary. You will be subjected to any of such changes as soon as RAUSCHMAYER posts them on the website. For this reason, you must read the terms and condition every time you purchase at RAUSCHMAYER or use the site. RAUSCHMAYER assumes that those using the website have accepted to be bounded by the newest terms and conditions.

  1. 18. Entire Agreement

These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Rauschmayer and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.

  1. 19. Governing Law & Jurisdiction

These Terms will be governed by and construed in accordance with the laws of the State of New Jersey and you submit to the non-exclusive jurisdiction of the state and federal courts located in New Jersey for the resolution of any disputes.