Terms and Conditions for the Online Sale of Goods
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.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS 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 MICHAL KADAR LLC D/B/A CADAR, 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 through www.cadar.com (the “Site“). These Terms are subject to change by Michal Kadar LLC d/b/a CADAR (referred to as “CADAR“, “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.
- Order Process, Acceptance and Cancellation.
Orders on the Website are processed by clicking on the “Add to Cart” icon to place a product in your Shopping Cart. Some products include different option for you to choose (for example different sizes) in a drop down menu. You may then decide to continue shopping for other products and add them to your Shopping Cart (subject to availability and quantity limits) or proceed to checkout by clicking on the “Proceed to Checkout” button. You may also remove one or several products you have selected by clicking on “X” next to the chosen product in the Shopping Cart.
By default, by placing the order, your order will be processed as a guest. You may choose to create an account on the Website. In order to register or create an account, you will be required to provide us with your valid and up-to-date personal information, such as your legal name, phone number and e-mail address. We reserve the right to change the information required to place an order or the registration requirements from time to time. In addition, in order to register or create an account, you will need to choose a password. We recommend that you choose a unique password. You are responsible for ensuring that your password and account login are kept secret, safe and secure at all times. We will not be held responsible or liable for any misuse of your account in connection with, and/or resulting from, a third party’s access to and use of your password and account login.
When placing an order on the Website, you will be required to provide other personal information as applicable, such as shipping address, billing address and payment details. If you have created an account, we collect and store your shipping address, billing address and order history (only following the creation of your account and not transactions prior to the creation of the account), but we do not store your payment details. Additional information may be collected by us or third party providers at this time for security and anti-fraud purposes.
You represent and warrant that the personal information you provide us via telephone or via the Website is true, valid, complete and up-to-date in all respects, and you confirm that you are the person referred to in the shipping (unless the item is a gift) and billing information provided.
Should any of the information you provide us via telephone or on the Website change, please log in to your account and update such information directly on the Website, inform or notify us at the following e-mail address: Concierge@cadar.com. Moreover, in the event that we reasonably suspect that a third party has breached a customer’s registration, password and/or account login, we shall immediately cancel and terminate such account, and notify you by email or telephone.
Once on the payment page, review your order details and personal information (including email, shipping address, billing address and payment information), check the box next to “I have read and I accept the Terms and Conditions”. Then, click on “Pay Now” to place your order.
You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products to you. We may choose not to accept, terminate or cancel any orders in our sole discretion. After having received your order, we will send you an order acknowledgement confirmation e-mail with your order number and details of the items you have ordered. The order acknowledgement confirmation email will contain an order reference number assigned by us. Please make sure that you save this order reference number for any future enquiries regarding your order. This order acknowledgement confirmation e-mail is not an acceptance of your order. You have the option to cancel your order at any time before we have sent your order acknowledgement confirmation e-mail by calling our customer service at 212.663.3456.
Upon shipment of your order, following completion of our anti-fraud, security and related legal checks, we will send you by email a written confirmation of the order. The written confirmation of the order constitutes the acceptance of your order by us and indicates the existence of a binding sales contract.
The order acknowledgement confirmation e-mail, the written confirmation of order, the invoice and any other automatic recording system used by us that are sent to you by email are deemed to be received when you are able to access them on your computer, mobile or handheld device, and are and will be proof of a binding agreement between you and us.
If you are purchasing a product as a gift to a gift recipient, we will send the invoice to you and not to the gift recipient.
- Prices and Payment Terms.
All prices posted on this Site are in U.S. dollars and are subject to change without notice. Some products include different pricing according to options that are available to you in a drop down menu on the product page.
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 acknowledgement 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, if any. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order acknowledgement 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.
Terms of payment are within our sole discretion. We currently include a “Pay Later” option for orders processed online, which allows you to pay 50% of the order as down payment and the remaining 50% of the order shall be deferred and due before it is shipped.
We use Stripe to process your payments. We accept Visa, AMEX, Discover, JCV, and Diners 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. Upon process of an order, you have the option to delay full payment of the entire amount, however the entire payment must be paid in full before your order is shipped. By submitting an order, you authorize us or anyone on our behalf to perform any security checks we may deem necessary on your credit card, including but not limited to transmitting or obtaining information (including any updated information) about you to or from third parties from time to time, authenticating your identity, to validate your credit card, obtaining a credit card authorization and authorizing individual purchase transactions.
- Shipments; Delivery; Title and Risk of Loss.
We will arrange for free shipment of the products to you within the United States or allow for local pickup from our offices in New York. Please check the individual product page for specific delivery options.
Title and risk of loss pass to you upon delivery. We insure each purchase during the time it is in transit until it is delivered to you. We require a signature by an adult to confirm your acceptance of each product delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you understand and accept that evidence of a signature by such recipient (or at that delivery address) is evidence of delivery and fulfillment of the sale contract by CADAR and transfer of responsibility to the recipient in the same way as if the product had been delivered to you. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
- Quality Assurance and return of defective products
We are extremely cautious in ensuring that each product strictly complies with our quality criteria and that it has passed all our controls, both technical and aesthetic. All diamonds included in our products are 4mm and above are GIA Certified, and all diamonds are G, VV2S.
If nevertheless you receive a product that seems to be damaged, you may return it to us in accordance with the return policy below. Upon receipt, we may classify the returned product as a defective product. Please note that merchandise that is damaged as a result of wear and tear is not considered to be defective.
If we declared your product as defective, we offer solely the following remedies: i) We may send you the same product in the exact same size, subject to availability; ii) We may propose an exchange for another CADAR product of equivalent or higher value, in which case the initial price will be deducted and you will be required to pay only the difference; or iii) You may request a refund of the full price of your initial purchase. Refunds will be credited back to the same payment method used to make the original purchase on the Site.
For issues regarding repair of a product, please contact our customer service at 212.663.3456.
- Returns and Refunds.
Except for customized orders or any products designated on the Site as non-returnable (for example, marked “Final Sale” on the product page), we will accept a return of the products for a refund of your purchase price, provided such return is made within 30 days of delivery, provided such products are returned in their original new and un-used condition and in accordance with the terms hereunder. Returns of products that are not in compliance with the terms and conditions set forth below may be rejected by CADAR and will be sent back to you.
To return products, you must call 212.663.3456 or e-mail our customer service at Concierge@cadar.com to obtain a Return Merchandise Authorization number before shipping your product. No returns of any type will be accepted without a Return Merchandise Authorization number. You must complete a return/exchange form and include it with the product, all its accessories and documents, in its original box and delivery package; seal the delivery package; affix the pre-paid delivery label to it; and deliver the package via FedEx. Keep a proof of return shipment and the FedEx tracking number. CADAR accepts no liability in the event that such proof cannot be produced. Only merchandise actually received by CADAR will be eligible for a refund or exchange.
You are responsible for all shipping and handling charges on returned items. If product is returned within the 30 days period, you and we agree that in such case, CADAR maintains special interests in the merchandise and will therefore purchase insurance on the returned merchandise. In all other cases, you bear the risk of loss during shipment. We therefore 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.
Products that have been purchased on the Website may be returned to the CADAR, at the following address: Michal Kadar d/b/a CADAR, Attention: Return, 595 Madison Avenue, New York, NY 10022.
Returned products need to be in its original condition, include packaging, and not show any sign of wear, damage, or alteration. Cadar reserves the right to verify the authenticity of the product returned. Upon receiving a return, CADAR will verify that the returned product satisfies the conditions of the return policy and, if so, then proceed with the applicable refund or exchange.
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.
If a product is returned for an exchange, we will send an invoice as a .pdf attachment to your email address, which specifies the value of the returned product, the price of the item for which the original product has been exchanged and the difference to be paid by you or the amount that you are entitled to receive (which will be credited back to the same payment method used to make the original purchase on the Site).
We will not accept any return if the product shows signs of wear, or has been used or altered from its original condition in any way. All returns will be subject to our strict quality control to ensure that the returned products satisfy these requirements. If the products do not meet our quality control standards, we will refuse the return, and the products will be sent back to you.
- LIMITED WARRANTY/DISCLAIMER.
WHILE WE WILL USE REASONABLE ENDEAVOURS TO VERIFY THE ACCURACY OF ANY INFORMATION IT PLACES ON THE SITE, IN ADVERTISEMENT OR CATALOG, IT MAKES NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE ACCURACY, RELIABILITY AND COMPLETENESS OF SUCH INFORMATION. WE DO NOT CONFIRM THE PRICE OF A CADAR PRODUCT UNTIL A CONFIRMATION OF ORDER HAS BEEN ISSUED BY US, INDICATING THE EXISTENCE OF A BINDING SALES CONTRACT. IF A PRODUCT’S CORRECT PRICE IS HIGHER THAN THE PRICE POSTED ON THE SITE, THEN WE WILL EITHER CONTACT THE CUSTOMER FOR INSTRUCTIONS BEFORE SHIPPING THE ORDER OR CANCEL THE ORDER AND NOTIFY YOU OF SUCH CANCELLATION. THIS INFORMATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR ENDORSEMENT MADE, AND WE MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN RELATION TO SUCH INFORMATION, OR ANY TRANSACTION THAT MAY BE CONDUCTED ON THE SITE INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, REASONABLE CARE AND SKILL, OR NON-INFRINGEMENT. IN NO EVENT WILL WE BE LIABLE FOR DAMAGES OTHER THAN ACTUAL DIRECT DAMAGES PROVEN IN A COURT OF LAW.
WHILE EVERY EFFORT WILL BE MADE TO ENSURE THAT THE DESCRIPTIONS, PHOTOGRAPHS OR GRAPHICAL REPRESENTATIONS OF THE PRODUCTS DISPLAYED ON THE SITE OR IN A CATALOG ARE AS ACCURATE AS POSSIBLE, WE DO NOT WARRANT THAT SUCH MATERIALS OR OTHER CONTENT ARE ERROR-FREE, WHETHER AS A RESULT OF INACCURACY, OMISSION, OBSOLESCENCE OR OTHERWISE. ACCORDINGLY, YOUR SOLE REMEDY IN THE EVENT OF ANY SUCH ERROR IS TO RETURN THE PRODUCT AS SET FORTH IN OUR RETURN POLICY.
- 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 including all Export Regulations, as defined below. 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.
- 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.
- 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 New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of New York.
- Dispute Resolution and Binding Arbitration.
YOU AND CADAR ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitration will be administered by the American Arbitration Association (“AAA“) in accordance with the Consumer Arbitration Rules (the “AAA Rules“) then in effect, except as modified by the above. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR CADAR WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
- Assignment. 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 the above is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
- 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 Michal Kadar LLC d/b/a CADAR.
- No Third Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
To You. 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 Us. To give us notice under these Terms, you must contact us by personal delivery, overnight courier or registered or certified mail to Michal Kadar LLC d/b/a CADAR, 595 Madison Avenue, New York, NY 10022. 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 business days after they are sent.
- Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.