Terms and Conditions
Welcome to AVITAN.COM. These terms and conditions are entered into by and between you and AVITAN.COM By accessing and/or using the AVITAN.COM website (the “website”) and/or by ordering products and/or services offered on the website, you are agreeing to this Agreement. If you do not agree to be bound by the Agreement, then you cannot access or use the website or make an order on the website.
Use of the website.
Use of the website is restricted to individuals who are either age 18 or over, or those between the ages of 13 and 18, who are using the website with the permission of a parent or guardian. By using the website, you represent to AVITAN.COM that you are in one of these age categories.
In addition to agreeing to the terms and conditions contained herein, you agree to abide by any and all laws, statutes, ordinances, rules and regulations concerning your use of the website. As a condition of access to and use of the website, you warrant to AVITAN.COM that you will not access or use the website for any purpose that is unlawful or prohibited by this Agreement.
If you would like, you may register on the website by creating an account. In order to register, you must provide your name (not an assumed name), valid address, valid email address and valid phone number. In order to participate in auctions on the website, you must additionally provide your valid credit card information. You are responsible for providing AVITAN.COM with updated contact information. AVITAN.COM will rely on the most recent information provided by you in order to contact you.
It is your sole responsibility to maintain the security of your account and password. Your password is for your personal use only and may not be used by any third party, even with your permission. You are solely responsible for any and all actions taken under your password on this website. You agree to be financially responsible for all of your use of this website.
Price and Ordering.
All prices shown on the website are quoted in United States Dollars. In addition to the price for goods and services, AVITAN.COM will add charges for shipping and handling and also sales tax (where required by law) to all orders. AVITAN.COM reserves the right without prior notice to discontinue or change specifications and prices on products and services offered on the website and the network without incurring any obligation to you. Descriptions of, or references to, products or services on the website do not imply endorsement of that product or service, or constitute a warranty, by AVITAN.COM.
The receipt by you of an order confirmation does not constitute AVITAN.COM’s acceptance of an order. Prior to AVITAN.COM’s acceptance of an order, verification of information may be required. AVITAN.COM reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from AVITAN.COM, for any reason. AVITAN.COM reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification.
In the event that a product or service is listed at an incorrect price for any reason, including, without limitation, due to supplier pricing information, typographical error, or any other error, AVITAN.COM shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, AVITAN.COM shall promptly issue a credit to your credit card account in the amount of the incorrect price.
The risk of loss and title for all products purchased by you and shipped by AVITAN.COM pass to you upon AVITAN.COM’s delivery to the carrier for shipment to the customer’s specified delivery address.
Policies that are contained in the Help section of AVITAN.COM’s website will also affect your relationship with AVITAN.COM. These policies are part of this Agreement and provide additional terms and conditions concerning your dealings with AVITAN.COM. For example, currently the terms and conditions on the following topics are contained in our website’s Help section, and are additional terms and conditions that will govern our relationship:
Each of these policies may be changed from time to time. Also, new topics and/or programs may be added to our website . Changes and/or additions take effect when AVITAN.COM posts them on the website. The above policies and rules are hereby incorporated into this Agreement.
Access and Interference. You agree that you will not: take any action that imposes or may impose (in AVITAN.COM’s sole discretion) an unreasonable or disproportionately large load on AVITAN.COM’s infrastructure; use any robot, spider, scraper or other automated means to access the website for any purpose without AVITAN.COM’s express written permission; interfere or attempt to interfere with the proper working of the website or any activities conducted on the website.
Any information or other communications you transmit to AVITAN.COM, including any questions, comments, or suggestions will be treated as non-confidential and non-proprietary in nature, subject to the provisions and applicable policies in section 3 above.
Website Content The text, images, logos, graphics, photographs, descriptions, illustrations, data and other material on the website, as well as the selection, assembly and management thereof are herein collectively referred to as the “Content” AVITAN.COM reserves the right to discontinue, correct, delete, update, or change any Content, product specifications and prices at anytime without notice to you.
Unless otherwise agreed in writing, the Content is the exclusive property of AVITAN.COM and is protected under the copyrights, trademarks, service marks, and other proprietary rights that are owned by Avitan or by third parties that have licensed their use to AVITAN.COM. Unless AVITAN.COM agrees otherwise in writing, your use of the Content is limited to your own personal, non-commercial use in connection with shopping and ordering on the website and for no other purpose. Any use, by you or anyone else authorized by you, other than that specifically authorized in this Agreement or in writing by AVITAN.COM is strictly prohibited. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Nothing contained on the website should be construed as granting, by implication or otherwise, any license or right to use any trademark or service mark displayed on the website without the written permission of AVITAN.COM or any third party that may own the trademarks or service marks displayed on the website.
AVITAN.COM will aggressively enforce its intellectual property rights to the fullest extent of the law. The Content may contain errors, inaccuracies, omission and typographical errors or may be out of date. You acknowledge that AVITAN.COM provides the Content for informational purposes only and that any errors, inaccuracies, or omissions in the Content are not binding on AVITAN.COM unless specifically indicated to be so.
Changes and Amendments.
AVITAN.COM RESERVES THE RIGHT TO CHANGE AND AMEND THESE TERMS AND CONDITIONS FROM TIME TO TIME WITHOUT PRIOR NOTICE TO YOU. SUCH CHANGES AND AMENDMENTS SHALL BECOME EFFECTIVE IMMEDIATELY UPON THE POSTING OF SAME TO THE WEBSITE. YOU ARE RESPONSIBLE FOR REVIEWING THE WEBSITE PERIODICALLY FOR ANY MODIFICATION TO THIS AGREEMENT THAT MAY AFFECT YOUR RIGHTS OR OBLIGATIONS HEREUNDER. YOUR CONTINUED ACCESS AND USE OF THE WEBSITE AND/OR PLACING ORDERS ON THE SITE AFTER THE POSTING OF CHANGES AND AMENDMENTS SHALL BE DEEMED TO CONSTITUTE YOUR ACCEPTANCE OF ANY REVISIONS OR ADDITIONS.
Termination of Agreement.
AVITAN.COM shall have the right to terminate this Agreement with you at any time and without notice to you. In the event of the termination of this Agreement, you agree that you are no longer authorized to access or use the website and/or the network and that you will immediately cease your use of the website and the network. The restrictions imposed on you with respect to the Content (as defined in Section 7 (Website Content)), and the disclaimers, indemnities, and limitations of liabilities set forth in these terms and conditions shall survive termination.
AVITAN.COM shall be under no obligation to continue operation of the website. AVITAN.COM may terminate operation of the website or the network or any portion thereof, or any products or services offered through the website or the network or terminate any individual’s right to access or use the website or the network at any time without notice to you, in its sole discretion, without any liability to you whatsoever.
You agree to defend, indemnify and hold harmless AVITAN.COM, its affiliates, employees, officers, directors, and agents from any claim, losses, damages, liabilities, costs, or demand, including reasonable attorney’s fees, made by any third party arising out of or relating to your breach of this Agreement or your access to or use of the website or the network; provided, however, this indemnity shall not apply to any claim, losses, damages, liabilities, costs or demands resulting from AVITAN.COM’s gross negligence or willful misconduct. The foregoing indemnification obligation shall survive termination of this Agreement and the website and any product or service provided to you arising out of or relating to your use of the website or the network.
Breach of this Agreement. In the event that you breach any part of this Agreement, AVITAN.COM may immediately issue a warning to you, temporarily suspend or terminate your membership and refuse to provide services to you, in addition to all other rights or remedies available at law or equity.
Links to Other Third Party Sites.
Links to other Internet sites operated by third parties do not constitute sponsorship, endorsement or approval by AVITAN.COM of the content, policies or practices of such linked sites. Linked sites are not operated, controlled, or maintained by AVITAN.COM, and AVITAN.COM is not responsible for the availability, content, security, policies, terms and conditions, or practices of linked sites, including without limitation the accuracy of content on linked sites and the privacy policies and practices of linked sites. Links to other sites are provided for your convenience only, and you access them at your own risk.
About Gemstone Treatments.
Following a rigorous protocol, AVITAN.COM verifies and attempts to inform its customers about material treatment of the stones AVITAN.COM sells. Despite AVITAN.COM’s protocol, it is possible that some forms of material treatment may occur without AVITAN.COM’s knowledge. The treatment information AVITAN.COM provides is to the best of its knowledge.
Disclaimer and Limitation of Liability as to the Website and Content.
AVITAN.COM MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE WEBSITE, THE CONTENT, OR ANY LINKED WEBSITE, INCLUDING THE AVAILABILITY OF ANY WEBSITE OR THE CONTENT INFORMATION AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS OR TIMELINESS OF THAT CONTENT, INFORMATION AND MATERIALS. AVITAN.COM ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE WEBSITE OR ANY LINKED WEBSITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR ANY LINKED WEBSITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING THE WEBSITE AND ALL CONTENT PROVIDED ON THE WEBSITE IS PROVIDED TO USERS “AS IS,” WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT SECURITY OR ACCURACY. THE “AS IS” CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE WEBSITE.
Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
UNDER NO CIRCUMSTANCES SHALL AVITAN.COM, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES,WHETHER IN CONTRACT OR IN TORT INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE OR ANY LINKED WEBSITE OR ITS CONTENTS, LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF AVITAN.COM IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL AVITAN.COM’S LIABILITY EXCEED TEN DOLLARS AND NO CENTS ($10.00).
Disclaimer and Limitation of Liability as to Products and Services.
AVITAN.COM WANTS YOU TO BE COMPLETELY SATISFIED WITH YOUR PURCHASES THROUGH THE WEBSITE. EXCEPT FOR NON-RETURNABLE ITEMS (ITEMS THAT HAVE BEEN SIZED, ALTERED BY A THIRD PARTY,OR OTHERWISE NON-RETURNABLE IN ACCORDANCE WITH AVITAN.COM’S PUBLISHED POLICIES), IF FOR ANY REASON YOU ARE NOT ENTIRELY PLEASED WITH A PRODUCT YOU PURCHASED FROM Avitan SIMPLY RETURN IT AS SPECIFIED IN AVITAN.COM’S RETURN POLICY WITHIN THIRTY (30) DAYS OF RECEIPT FOR EXCHANGE OR PARTIAL REFUND OF THE PURCHASE PRICE. AFTER EXPIRATION OF THE 30-DAY RETURN PERIOD, AVITAN.COM MAKES NO WARRANTIES, EXPRESS OR IMPLIED AND AVITAN.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY WARRANTIES THAT MAY COVER THE PRODUCTS SOLD ON THE WEBSITE MAY BE PROVIDED BY THE APPLICABLE MANUFACTURERS. ACCORDINGLY, EXCEPT AS SPECIFIED ABOVE, AVITAN.COM MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT OR SERVICE SOLD.
UNDER NO CIRCUMSTANCES SHALL AVITAN.COM, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL SPECIAL, OR PUNITIVE DAMAGES, LOST PROFITS AND BUSINESS INTERRUPTION WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THE WEBSITE, EVEN IF AVITAN.COM IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL AVITAN.COM’S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.
Unless otherwise stated by AVITAN.COM in writing, this Agreement constitutes the entire agreement between AVITAN.com and the user with respect to the subject hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter.
Applicable Law.This Agreement shall be governed and construed according to the laws of the State of New York, without regard to its conflicts or choice of law provisions.
No waiver by AVITAN.COM of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the terms herein and shall not affect the validity and enforceability other provisions of the Agreement. The headings and captions in this Agreement are intended for convenience only and shall in no way affect the interpretation of the Agreement.
AVITAN.COM shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including but not limited to acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, or any other act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.
DMCA Notification Agent. In accordance with the Digital Millennium Copyright Act (DMCA), Povada.com has designated an agent to receive notification of alleged copyright infringement occurring on the website.
DMCA Notification Agent
20 West 47th St. Suite 1003
New York, NY 100036
Contents of Notice
The DMCA requires that all notices of alleged copyright infringement be in writing. For AVITAN.COM to act on your notice, you must be authorized to enforce the copyrights that you allege have been infringed. When informing AVITAN.COM of an alleged copyright infringement, you should include the following information:
- Identify the copyrighted work that allegedly has been infringed. If multiple copyrighted works at a single online site are involved, please provide a representative list of such works on that website.
- Describe the material that is claimed to be infringing and provide sufficient information to permit AVITAN.COM to locate that material, including the item number, if applicable.
- Provide your contact information, including an address, telephone number, facsimile number and, if available, an e-mail address.
- Certify or include a statement that you have a good faith belief that the use of the copyright-protected material in the manner complained of is not authorized by the copyright owner, the owner’s agent, or law.
- Certify that the information that you have provided AVITAN.COM is accurate. You should attest under penalty of perjury that you are authorized to enforce the copyrights that you allege have been infringed.
- Include your physical or electronic signature.
AVITAN.COM may not be able to act on your complaint promptly or at all if you do not provide this information.