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Terms of service

Last Updated: 10/27/2017

Welcome to the MRK FINE ARTS LLC (Monica Rich Kosann) web site. Please read
these Terms of Sale (“Terms of Sale”) prior to making an online purchase from MRK Fine Arts LLC (“Monica Rich Kosann,” “we,” “us” or “our”) through our website, WWW.MONICARICHKOSANN.COM (the “Site”). By accessing this site, or purchasing items through our Site, you agree to be bound by these Terms of Sale and our TERMS & CONDITIONS. If at any time, you do not agree to all of the terms and conditions set forth in these Terms of Sale, please do not purchase any items from our Site.

We reserve the right to change or modify our Terms of Sale at any time and at our sole discretion. If we make changes to these Terms of Sale, we will post those amended Terms of Sale to our Site and revise the “Last Updated” date above. We encourage you to review these Terms of Sale prior to making any purchase through the Site to allow you to understand the terms and conditions that apply to your purchase.

1. Transactions Availability, Pricing
All items offered for sale through the Site are subject to availability. We reserve the right to limit the quantity of items purchased on any order, reject all or any part of an order, and discontinue offering items without prior notice, even if you have already placed an order for an item. All prices are shown in U.S. dollars and applicable Taxes (as defined below) and other charges, if any, are additional. All prices are subject to change without notice.
In the event that an item you are interested in purchasing is not listed on the Site or is listed as "Please Call for Availability" on the Site, it may not be available for ordering from our online inventory, but may be available within a short time window. Please contact our customer support team at 1-800-251-3141 or email us at SHOP@MONICARICHKOSANN.COM.

2. Taxes
You are responsible for any sales, use, duty, or other governmental taxes or fees (“Taxes”) due with respect to your purchase of items through the Site. We will collect applicable Taxes if we determine we have a duty to collect such Taxes. We will present an estimate of Taxes to be collected at checkout. The actual taxes charged may be adjusted from the amount shown at checkout. Several factors may cause this adjustment, such as variances between processor programs and changes in rates of Taxes.

3. Payments
By providing a credit card or other payment method accepted by us, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your order (including any applicable Taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your order. In the event you would like to change or update payment information associated with your account on the Site, you can do so at any time by logging into your account and editing your payment information. If any of the items in your order are unavailable, we will charge only the prices, Taxes and other applicable charges associated with the items that are included in the shipment.

4. Shipping and Handling
You agree to pay any applicable shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time; however, we will provide notice of the changes applicable before you make any purchase. Any delivery dates or times shown as part of the checkout process are estimates only and are not guaranteed. Unless we state otherwise, risk of loss or damage to an item passes to you upon delivery of the item to your specified delivery location.
For any further information regarding shipping, please contact us by filling out the form on our EMAIL US page. For more information about shipping and handling fees, including international shipping, please see our SHIPPING & RETURN POLICIES.

Please note that due to import restrictions, jewelry cannot be shipped to the following countries : Albania, Algeria, Andorra, Angola, Azerbaijan, Bangladesh, Belarus, Botswana, Bulgaria, Burundi, Republic of Congo, Czech Republic (*gold jewelry is prohibited), Djibouti, Dominican Republic, Estonia, Gabon, Gambia, Guadeloupe, Guinea, India, Iraq, Israel, Kuwait, Lativa, Libya, Lithuania, Luxembourg, Moldova, Montenegro, Nepal, Nigeria, Pakistan, Palestine, Paraguay, Reunion, Russia, Rwanda, Senegal, Serbia, Syria, Togo, Tunisia and Yemen.

5. Returns, Exchanges and Refunds
We want you to be completely happy with the items you order from us. If for any reason you are not satisfied with an item you purchase through the Site, you may return such item in its original condition within 30 days for a full refund. We will pay the return shipping costs for items received in error or items to be exchanged. Please note that customized, engraved and discounted items are not eligible for returns. You may elect to: (i) exchange the item for another item available for purchase through the Site, (ii) receive a refund in the amount you paid for the item, or (iii) receive a merchandise credit in the amount you paid for the item that may be applied to your purchase of another item through the Site. If you return an item to us after such 30-day return period, but between 30 and 90 days of the date on which the item was delivered to you, you may still return the item and elect either to exchange the item for another item available for purchase through the Site or to receive a merchandise credit in the amount you paid for the item that may be applied to your purchase of another item through the Site.

To return an item you purchased through the Site, please complete the PROCESS A RETURN section of the Site whether you wish to exchange the item or to receive a refund or merchandise credit in the amount you paid for the item pursuant to these Terms of Sale. Please ship your return, prepaid and insured, to us at:
Monica Rich Kosann
Attn: Returns/Repairs/Exchanges
5 River Rd, Suite 204
Wilton, CT 06897.

You can expect to receive your refund within two weeks of giving your package to the return shipper, however, in many cases you will receive a refund more quickly. This time period includes the transit time for us to receive your return from the shipper (5 to 10 business days), the time it takes us to process your return once we receive it (3 to 5 business days), and the time it takes your bank to process our refund request (5 to 10 business days).
Please note that any item purchased in a Monica Rich Kosann boutique may be returned only to the boutique at which such item was purchased and must be returned within 14 days accompanied by your sales receipt.

Please note that all refunds will be issued to the original form of payment, except that cash purchases will be refunded by a company check from Monica Rich Kosann. All items returned to us must be unaltered, unworn and in saleable condition. In addition, all returned items must include the original packaging in good condition and all associated tags. Please note that used items are not eligible for return unless such items are defective. Some exclusions may apply.

6. Errors
We always attempt to be as accurate as we can with all information presented and to promptly change or delete errors on our Site; however, we do not represent or warrant that the descriptions, pricing or other information on the Site is accurate, complete, reliable, current or error-free. In the event of an error, we reserve the right to correct such error and revise your order accordingly (which includes charging the correct price) or to cancel your order and refund any amount charged. Please note that:
• If the correct price of an item you purchase through the Site is lower than our stated price, we will charge you the lower amount when your order is shipped.
• If the correct price of an item you purchase through the Site is higher than our stated price, we will, at our discretion, contact you for instructions before shipping. If we are unable to contact you after 15 days, we will cancel your order and notify you of such cancellation.

7. Disclaimers & Limitation of Liability
The information, services, products offered for sale and materials contained in and/or advertised on the Site are provided “as is” and “as available’ without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
You understand and agree that, to the fullest extent permitted by applicable law, MRK Fine Arts LLC and its officers, directors, agents, partners and employees will not be liable to you under any theory of liability—whether based in contract, tort, negligence or otherwise—for any indirect, consequential, incidental, or special damages or lost profits that may be incurred by you, arising out of or in any way connected to these Terms of Sale or the use of, or inability to use, any items purchased through the Site, including, without limitation, any damages caused by or resulting from reliance by you on any information or items obtained from us, whether or not MRK Fine Arts LLC has been advised or should have been aware of the possibility of any such losses. You understand and agree that, to the fullest extent permitted by applicable law, the Monica Rich Kosann Parties’ total liability in connection with the items purchased through the Site and these Terms of Sale will not exceed the amount you actually paid to Monica Rich Kosann for such items purchased.

8. Copyrights
All content and materials on the Site, such as text, graphics, logos, button icons, images, audio clips and software, is owned, controlled or licensed by Monica Rich Kosann and protected by U.S. and international copyright laws. Permission is granted to electronically copy and print hard copy portions of the Site for the sole purpose of placing an order on the Site or using the Site as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content of the Site is strictly prohibited.

9. Governing Law
These Terms of Sale and your purchase of items through the Site will be governed by and construed in accordance with the laws of the State of Connecticut, without regard to conflict of law principles. You hereby irrevocably consent to the jurisdiction and venue of the federal and state courts located in Connecticut with respect to any dispute related to these Terms of Sale or your purchase of an item through the Site that is not subject to arbitration under these Terms of Sale.

10. Severability
If any provision of this agreement is determined to be unlawful, void or unenforceable, the remaining provisions of the agreement will continue to be fully valid, binding, and enforceable

11. Questions
If you have any questions regarding these Terms of Sale, please contact us at shop@monicarichkosann.com