Our Policies

TERMS & CONDITIONS

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BY USING OUR WEBSITE, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS HEREOF WITHOUT ANY MODIFICATIONS.

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These Terms & Conditions (the “Terms” or “Agreement”) are made and entered into by and between AVM GEMS, an Arizona corporation, (referred to in these Terms as “ANDRÉ VIVIAN”, “we”, “us” or “our”), which is the operator of the website www.andrevivian.com (the “Website”), and you, a user of the Website (referred to in these Terms as “User”, “you” or “your”). This Agreement applies when you access the Website. If you do not agree to the Terms contained herein, you may not access, visit, or use the Website. 

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BEFORE YOU PROCEED, PLEASE READ THESE TERMS CAREFULLY. THIS AGREEMENT CONTAINS WARRANTY AND LIABILITY DISCLAIMERS. 

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About ANDRÉ VIVIAN and the Website.

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Through the Website, ANDRÉ VIVIAN sells luxury jewelry, including, but not limited to rings, necklaces, bracelets, pendants, and earrings, as well as apparel, accessories and watches (collectively, the “Products”). Some of our Products have already been designed and are offered for sale in our online shop and/or collections (the “Shop Products”), while other Products can be custom ordered through our custom inquiry submission (the “Custom Products”). 

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Purchasing Shop Products

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Subject to your compliance with these Terms, you may purchase the Shop Products made available on the Website. When browsing our Website, in order to purchase one or more Shop Products, you must first choose from any available options, such as color, length, size, and/or quantity of the Shop Goods, and then add the item to your online shopping cart (the “Cart”). Once you have added all Shop Products that you wish to purchase to your Cart, by going to your Cart you have an opportunity to review your order, including a description of the Shop Products, the order subtotal, shipping, and taxes.

 

Once you have confirmed or made any necessary modifications to your order, you then must enter in your billing and shipping details, as well as credit card payment information. You agree to provide only true, accurate, current and complete information in connection with any purchase of Shop Products. By clicking “Place Order”, you confirm your agreement to purchase the applicable Shop Products and agree that we may charge you for the total cost displayed to you at such time. You understand and agree we may change the price for Shop Products from time to time, in our sole discretion, and it is your responsibility to confirm the total price displayed to you before you click “Place Order”. Changes to applicable fees are effective upon posting the changes on the Website.

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Although ANDRÉ VIVIAN has made every effort to display our Shop Products and their colors and appearance as accurately as possible, the displayed attributes of the Shop Products depend upon the monitor of the User, and ANDRÉ VIVIAN cannot guarantee that the User’s monitor will accurately portray the actual attributes of the Shop Products. Shop Products displayed may be out of stock or discontinued, and prices are subject to change. ANDRÉ VIVIAN is not responsible for typographical errors regarding price or any other matter.

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Purchasing Custom Products

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Subject to your compliance with these Terms, you may make inquires to us regarding a desire to purchase a Custom Product from us.

 

We only use VS and VVS quality, D, E, and F color stones and nothing less. 

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You may request a Custom Product by submitting the information requested on our “Custom projects” page of the Website. Such information must include, but may not be limited to, your name and email address, the requested type of jewelry, gold quality and color, and specifying other details such as the dimensions and whether you intend to include diamonds in the Custom Product. You may also submit any designs, sketches, or other types of files that further explain how you desire the Custom Product to be created. You agree to provide only true, accurate, current and complete information in connection with any submission for a Custom Product, and further agree not to submit any type of file, virus, software, or other program that is capable of causing any damage, harm, interruption, or other failure to the Website, ANDRÉ VIVIAN, or any other Users. If you do not provide all information requested, your submission will be voided.

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You further understand and agree that submitting a request for a Custom Product does not guarantee that we will create the Custom Product for you, and we will first review your submission to determine, in our sole discretion, whether we can create the Custom Product. We may contact you at the email address you provide in your submission to understand your goals for the creation of the Custom Product as well as your budget. Based on this information, we will then provide you with a written estimate via email. In some cases, we may, in our sole discretion, agree to provide you with a mock-up of the Custom Product for your review. Once you provide us with written confirmation that you desire to purchase the Custom Product, unless we otherwise agree in writing, you must submit payment of a non-refundable deposit, equaling fifty (75%) percent of the estimate, through the Website before production of the Custom Product begins. 

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Production timelines for custom dog tags and other products are subject to variability depending on the complexity of the design, the quantity of items ordered, and potential manufacturing delays, including errors or shipping issues from our international warehouse manufacturers. While some orders may be completed in as little as two (2) weeks, production can extend to multiple months, especially for larger quantities or intricate designs. In some cases, the process may take up to 6-8 months to ensure the delivery of high-quality products.

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By placing a custom order, you acknowledge and agree to the following:

1. Refund Policy: Once a custom order is in progress, no refunds will be issued under any circumstances. This policy is final and non-negotiable.

2. Order Timeline: Andre Vivian is not obligated to respond to customer requests to expedite production timelines. All orders will be handled with care and precision to ensure quality, and this process cannot be rushed.

3. Final Payment Requirement: Upon completion of production, you will receive an email notification. At this point, you are required to submit payment for the remaining twenty-five (25%) percent of the total estimate. Your custom products will not be shipped until full payment has been received.

4. Customer Responsibility: It is the customer’s sole responsibility to read and understand this policy before placing an order. By proceeding with a custom order, you agree to these terms in their entirety.

 

Andre Vivian takes pride in delivering exceptional products, and this commitment to quality may require extended production timelines due to factors such as order complexity, quantity, and coordination with international warehouse manufacturers. Thank you for your patience and understanding.

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Disclaimer: although we do our best to ensure the amount of the estimate for Custom Products is accurate, there may be rare instances where we may need to adjust the price based on a number of factors, as determined in our sole discretion. In the event that we incur any extra costs or expenses in the production process beyond the amount of the estimate, we will notify you via email, and thereafter you shall be responsible for payment of the remaining amount of the revised total cost before we will ship the Custom Product to you. 

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Payment Processing

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When you make a purchase of any Products through the Website, you authorize ANDRÉ VIVIAN and its third-party payment processors, including PayPal, After pay, Stripe to charge the credit card identified by you for the total cost including, shipping and taxes. You further represent and warrant that you are (1) providing true, accurate, current and complete information, and (2) authorized to use such credit card for the purpose of making such purchase. You acknowledge and agree to abide by any applicable terms and conditions of Wix.

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Promotions and Discounts 

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From time to time, ANDRÉ VIVIAN may offer certain promotions and discounts related to our Products. To qualify for such promotional discounts, you may be required to enter a unique discount code prior to finalizing your order. Certain Products or payment options may not be eligible, and any further rules and restrictions will be disclosed at the time promotional offers are presented to you. By participating in a promotion or discount, you agree to any such applicable rules and restrictions. If you have any questions regarding promotional offers, please contact ANDRÉ VIVIAN at support@avmgems.com

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Shipping & Returns

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Any shipments or returns of Products purchased through the Website are subject to our Shipping & Returns Policy, outlined at the top of the policies page and is incorporated herein by reference.

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No Satisfaction Guarantee

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Due to an individual’s subjective style and opinions, ANDRÉ VIVIAN cannot guarantee a purchaser’s satisfaction of any Products ordered from us. Although ANDRÉ VIVIAN has made every effort to display our Products and their colors and appearance as accurately as possible, the displayed attributes of the Products depend upon the computer capabilities of the User, and ANDRÉ VIVIAN cannot guarantee that the User’s computer or device will accurately portray the actual attributes of the Products.

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Jewelry Care

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While you agree that ANDRÉ VIVIAN shall not be responsible for, and that you release and hold ANDRÉ VIVIAN harmless from, any and all liability related to damage to a Product once it is delivered to you, we recommend that you regularly clean any jewelry Products you purchase from us. We recommend that you use solutions designed to clean precious metals and water to clean any jewelry Products you purchase. You should avoid using any type of chemical cleaners, abrasive polishing agents, or chlorine. We also recommend that you remove all jewelry Products before engaging in any exercise, before going to sleep, or when showering, swimming, etc., and that you put your jewelry Products on after bathing, spraying perfumes or hairsprays, or applying any lotions and cosmetics.

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Electronic Communication

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If you provide us with your email address, we may send you various types of electronic communication including newsletters, requests for information, updates, new promotions, discounts, and other communications (“Communications”) regarding the Website and our Products. Providing your e-mail address confirms your ability and consent to receive Communications electronically, rather than in paper form. To withdraw your consent to receive electronic Communications, please write us by e-mail at support@avmgems.com with the subject line: “Unsubscribe from Electronic Communications.” In addition, our communications themselves may include the opportunity to opt out. For example, our e-mails may include an unsubscribe link. 

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