Terms & Conditions

Welcome to Pallotta, we always appreciate your business. If you would like to provide feedback about our website or recommend a way we can improve the buying experience, please email us.

Pallotta provides services to you subject to the terms and conditions included in this Terms & Condition and other customer service pages which we have prepared to help make your shopping experience with problem-free as possible. Please read them carefully. By visiting or using this website or any other Pallotta website service, you acknowledge that you have read and understood, and agree to be bound by, these Terms & Conditions. You also agree to comply with all applicable laws and regulations, including the United States & Canadian Copyright and Trademark laws. If you do not agree to these terms, please do not use any the Pallotta web site.

Privacy

Please review our Privacy Policy, which also applies to your visit & usage of Pallotta website.

Ownership and Copyright

Pallotta website is owned and operated by Pallotta, Inc. Unless otherwise noted, all design and content included on this website, including text, graphics, logos, icons, images, artwork, audio, and video clips and software is the property of Pallotta (or is used under license to Pallotta) and is protected by the United States and international copyright laws.

Trademarks

Pallotta and other marks indicated on the Pallotta website are trademarks and/or service marks of Pallotta, Inc. Other graphics, logos, headers, icons, scripts and service names are also trademarks or Pallotta. Pallotta trademarks, service marks and trade dress may not be used in connection with any product or service that is not Pallotta, in any manner that is likely to cause confusion of customers or potential customers, or in any manner that harms or discredits Pallotta. All other trademarks related to the products sold on this site are the sole property of their respective owners.

Nothing on this website or in these Terms of Condition should be construed as any license or right to use any trademarks or service marks displayed on the website without the express written permission of Pallotta or the trademark or service mark owner. Neither the names “PallottaJewellers.com” or “Pallotta” nor Pallotta logos may be used for any purpose without Pallotta’s prior written consent. Pallotta Jewellers logos may not be used as a “hot” link to any other websites without Pallotta prior written consent.

Use of Web Site

Pallotta and content are intended solely for personal and non-commercial use by visitors and online shoppers. Any use of any Pallotta website or its content other than for personal and non-commercial purposes is prohibited. You agree not to reproduce, publish, transmit, distribute, modify, create derivative works from, or commercially exploit in any way any of the content of any Pallotta web site. However, you may download, electronically copy and print any of the content of a Pallotta your personal, non-commercial use only. This is a revocable license, not a transfer of title, and is subject to the restrictions that you may not (a) modify the content or use it for any commercial purpose, or any public display, performance, sale or rental, (b) decompile, reverse engineer, or disassemble the content, or (c) remove any copyright, trademark registration, or other proprietary notices from the content. You further agree not to access or use any Pallotta website in any manner that may be harmful to the operation of the website or its content.

Your Account

If you access or use any Pallotta website, you are responsible for maintaining the confidentiality of your account and for restricting access to your computer. You agree to be responsible for all activities that occur under your account or password. If you are under 18 years old, you may use Pallotta only with the involvement of a parent or guardian. Pallotta reserves the right to refuse service, terminate accounts, remove or edit content or cancel orders in its sole discretion.

Responsibility

The Site may permit the submission, sharing and publishing of the content (names, story, and photos) sent by you (“User Submissions”). You understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your User Submissions and the consequences of posting, publishing or uploading them. We have complete discretion whether to publish your User Submissions and we reserve the right in our sole discretion and without further notice to you, to remove and/or delete any and all content posted on the Site (including User Submissions) at any time and for any reason.

Ownership

You represent and warrant that you own or have the necessary rights and permissions to use and authorize Pallotta to use all Intellectual Property Rights (defined below) in and to your User Submissions and to enable inclusion and use thereof as contemplated by the Site and these Terms. “Intellectual Property Rights” means any and all rights, titles and interests, whether foreign or domestic, in and to any and all copyrights, service marks, trademarks, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic. You retain all of your ownership rights in and to your User Submissions.

User Comments

We appreciate hearing from our customers and welcome your comments and suggestions regarding the Pallotta website and the products offered for sale by Pallotta, provided that such comments and suggestions are not illegal, obscene, threatening, defamatory, invasive of privacy, infringements of intellectual property rights or otherwise objectionable or injurious to third parties and do not contain or consist of viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam.” You may not use a false email address, impersonate any person, or otherwise mislead us as to the origin of any comment or suggestion.

If you do submit comments or suggestions, you should be aware that Pallotta policies do not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those that we have specifically requested. Pallotta values your feedback on our products and our service but requests that you be specific in your comments and not submit creative ideas, inventions, suggestions or materials. Any feedback, comments or suggestions that you do send to Pallotta will become the property of Pallotta and shall not be subject to any obligation of confidentiality on the part of Pallotta. Pallotta shall not be liable for any use or disclosure of any such feedback, comments or suggestions. Pallotta shall be entitled to unrestricted use of any such feedback, comments or suggestions for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person who submitted the information.

Product Descriptions

Pallotta makes all reasonable efforts to display the products listed for sale on its website as accurately as possible. However, the colors we use, as well as the display and color capabilities of your computer monitor, will affect the colors that you actually see on your screen. Pallotta cannot guarantee that your monitor’s display of any product color, texture or detail will be accurate. In addition, Pallotta does not warrant that product description or other content are accurate, complete, reliable current or error free. While Pallotta makes every effort to ensure that our products are described and priced accurately, in the event that an item is deemed to be priced incorrectly, Pallotta reserves the right to refuse sale that item. If the pricing error is discovered after payment has been finalized, Pallotta reserves the right to cancel the sale and refund the transaction in full. If a product offered by Pallotta is not as described, your sole remedy is to return it in unused condition.

Other Sites

Pallotta website contains links to websites that are not maintained by Pallotta. We try to include links to only those websites that are in good taste and safe for our visitors, but we are not responsible for the content or accuracy of any websites other than our own and cannot guarantee that such websites will not change without our knowledge. The inclusion of a link in this website does not imply Pallotta endorsement of the website. If you decide to use any links to access other websites, you do so at your own risk.

Disclaimer of Warranties and Limitation of Liability

THE MATERIALS AND INFORMATION PROVIDED BY Pallotta ON ANY OF ITS WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Pallotta MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF ITS WEB SITE(S) OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON ITS WEBSITE(S). YOU AGREE THAT YOUR ACCESS TO, AND USE OF ALL Pallotta WEBSITES(S) IS AT YOUR OWN RISK.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, Pallotta DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Pallotta DOES NOT WARRANT THAT ITS WEBSITE(S), ITS SERVERS, OR EMAIL SENT FROM Pallotta ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Pallotta WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OF THIS SITE, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.

This disclaimer of liability applies to any damages or injury caused by any failure or performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, act of God, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. You also specifically acknowledge that Pallotta is not liable for your defamatory, offensive, infringing or illegal materials or conduct or that of third parties.

The law of certain states may not allow limitations on warranties or damages as described above. If such law applies to you, some or all of the above disclaimers, exclusions or warranties may not apply to you and you may have additional rights. However, in no event shall Pallotta aggregate liability to you for all claims, damages, losses, and causes of action exceed the amount paid to Pallotta by you for accessing Pallotta’s website Indemnity

You agree to defend, indemnify, and hold harmless Pallotta and its officers, directors, stockholders, affiliates, employees, and agents from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, arising from your use of any Pallotta website or your breach of these Terms and Conditions.

Applicable Law

By visiting Pallotta website(s), you agree that the law of  Ontario, Canada without regard to principles of conflict of laws, shall govern these Terms and Agreements and any dispute that may arise between you and Pallotta. If any court of competent jurisdiction determines that any provision, or any portion thereof, contained in these Terms and Agreement is unenforceable in any respect, such provision shall be deemed limited to the extent that such court deems it enforceable, and as so limited shall remain in full force and effect. If such court shall deem any such provision, or portion thereof, wholly unenforceable, the remaining provisions of these Terms and Conditions shall nevertheless remain in full force and effect. These Terms and Conditions, together with the Privacy Policy, constitute the entire agreement between you and Pallotta relating to your access to and use of Pallotta’websitete.

Dispute Resolution

Any dispute arising with respect to this Agreement shall be resolved by negotiation between the parties or, if necessary, by resort to an appropriate federal or Provincial court located in Ontario, Canada.

Modification

Pallotta reserves the right, in its sole discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time. Please check this page periodically for changes. You agree that each time you visit any Pallotta website, your visit to and use of such web site will be subject to and bound by the then current version of these Terms and Conditions.

Payment Terms

(a) Payment Processing: [PallottaJewellers.com] (“Supplier”) provides international payment processing and order fulfillment through its designated service provider, Stripe. When placing an order through Pallotta, your order will be processed using Stripe checkout and payment processing services, and you acknowledge and agree that: (a) your payment transaction will be processed via Stripe, not Supplier, and (b) upon successful verification and authentication by Pallotta of payment information provided by you, Pallotta will accept the transaction, and purchase the products from Supplier for the sole purpose of reselling such products to you at a price equal to the amounts presented to and agreed upon by you. Stripe will provide the merchant or Supplier with its own payment information to purchase the products you have ordered, and Stripe will resell such products to you and bill the payment information you have provided. PallottaStripe acquires flash title to the products when the products exit the jurisdiction of Supplier. After Pallotta purchases and takes title to products from the Supplier to fulfill an order you have placed, you take the title from Pallotta before the products enter the jurisdiction that you have designated as your address for delivery. All items purchased from Pallotta are made pursuant to a shipment contract. In the event of any disparity or inconsistency between the terms of any shipment contract or order fulfillment terms, the terms of this agreement shall prevail to the extent required to resolve the disparity or inconsistency. (b) Billing. If you provide a credit card as your tender type, your credit card will be billed by Pallotta, and charges to your account will be accompanied by the descriptor “Pallotta Purchase” (or such other descriptor as Pallotta may deploy). If you paid using your PayPal account, charges to your account will be accompanied by the descriptor “MERCHANT VIA PALLOTTA PAYPAL” (or such other descriptor as Pallotta may deploy). In either case, you will only be billed after your products have been received, processed and dispatched for delivery by Pallotta. In the event of the receipt of any parcel from Supplier containing only part of an order, Pallotta will process the products received, and will only bill for an amount commensurate with the price of the products therein, pro-rated amounts for shipping and/or handling, plus any duty, taxes, VAT (unless Pallotta and Supplier offered, and you accepted, the option of having your order shipped DAP (‘delivered at place’)). Notwithstanding the foregoing, in the event of an order being fulfilled by Supplier in multiple parcels, unless expressly consented to by you, in no instance will the aggregate amount billed to you by Pallotta exceed the total amount presented at the time of order placement by you. If there is a technical error in the Pallotta payment system which processes or accepts a transaction at an exchange rate which is manifestly off-market, that transaction shall be void.

Update of these Terms & Condition: January 1st, 2019

Pallotta website is operated by Pallotta, Inc. from its offices in Vaughan, Ontario, Canada.  Pallotta makes no representations that the contents of any of its website are appropriate or available for use in other locations. Visitors who choose to access any Pallotta website from other locations do so on their own initiative and are responsible for compliance with applicable local law.

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