Terms of service

Vicenza Miami Company LLC

TERMS & CONDITIONS

Welcome to Vicenza Miami Company LLC ("Company," "we," "us," or "our"). By accessing or using www.vicenzamiami.com or purchasing our products, you agree to be legally bound by these Terms and Conditions ("Terms"). If you do not agree, do not access or use our website.

1. Acceptance of Terms

• You are at least 18 years of age or the legal age of majority in your jurisdiction

• You have the legal capacity and authority to enter into a binding agreement

• You will use our website only for lawful purposes in compliance with these Terms

• All information you provide to us is accurate, complete, and current

2. Use of the Website

You are granted a limited, non-exclusive, non-transferable, revocable license to access our website for personal, non-commercial purposes. You agree not to:

• Use our website in any manner that violates applicable local, state, federal, or international law

• Attempt to gain unauthorized access to any part of our website, servers, or related systems

• Use automated tools, web scrapers, bots, or data mining technologies without our written permission

• Reproduce, redistribute, or commercially exploit any content from our website without prior written consent

• Upload or transmit malicious code, viruses, or any harmful software

• Impersonate any person or entity or misrepresent your affiliation with any person

• Use the website for commercial solicitation or spam of any kind

3. FTC Jewelry Industry Compliance (16 CFR Part 23)

Vicenza Miami Company LLC is committed to full compliance with the FTC's Guides for the Jewelry, Precious Metals, and Pewter Industries (16 CFR Part 23) and the FTC Act:

• All metal content claims (e.g., '14k gold,' '18k gold,' 'sterling silver') reflect the actual, verified metallic composition of each piece as described on its product page

• All gemstone descriptions — including type (natural, lab-created, or simulated), origin where disclosed, color, and clarity — are accurate and consistent with industry standards

• For diamond and gemstone jewelry, carat total weight may vary by up to ±0.05 carats from stated weight, consistent with FTC-permitted tolerances

• For pieces set with multiple stones, we provide the minimum total carat weight for the piece

• We do not use terms such as 'handmade' or 'hand-crafted' unless the piece genuinely meets the applicable FTC standard for such claims

• We do not make misrepresentations regarding the origin, treatment, enhancement, or value of any gemstone or metal in our jewelry

4. Product Information & Availability

• All products are subject to availability and may be discontinued at any time without notice

• We reserve the right to limit quantities per order or per customer

• Product images are illustrative; actual appearance may vary due to monitor calibration, photography lighting, and the handcrafted nature of fine jewelry

• We do not offer fully custom or bespoke jewelry design services — all variations are limited to available options within our existing product catalog

• We hold a dynamic inventory and stock availability is subject to change without notice

5. Pricing, Payment & Sales Tax

• All prices are in U.S. Dollars (USD) and are subject to change without notice. Prices are final and non-negotiable

• We accept: major credit cards (Visa, Mastercard, American Express, Discover), debit cards, and Shop Pay / Shopify Payments. Additional payment methods may be offered at checkout from time to time

• By placing an order, you represent that your payment information is accurate and that you are authorized to use the designated payment method

• Sales tax is collected as required by applicable state and local tax laws based on your shipping address. Following South Dakota v. Wayfair, Inc. (2018), we may collect sales tax in states where we meet economic nexus thresholds. Tax rates are determined at checkout and are non-negotiable

• In the event of a pricing error, we reserve the right to correct the price and notify you before fulfilling your order. You may then proceed at the corrected price or cancel for a full refund

• All transactions are processed through Shopify Payments and are subject to Shopify's payment processing terms

6. Chargeback & Payment Dispute Policy

PLEASE CONTACT US BEFORE INITIATING A CHARGEBACK. We are committed to resolving all disputes directly and promptly.

In the event of a billing dispute or concern about a charge on your payment method:

• You agree to contact us first at info@vicenzamiami.com and allow us at least 10 business days to investigate and resolve the matter before initiating a chargeback or payment reversal with your bank or card issuer

• We will cooperate fully with your bank or payment processor in any legitimate chargeback investigation and will provide all transaction records and correspondence as requested

• Initiating a chargeback for a transaction that you authorized, for merchandise that was delivered as described, or for a return or dispute matter that is already being handled by our team, may be considered fraudulent and may result in suspension of your account and referral to relevant authorities

• If a chargeback is filed, we reserve the right to pursue recovery of the disputed amount, including any associated chargeback fees imposed on us by the payment processor, through lawful collection means

• Nothing in this section limits your rights under applicable consumer protection laws or your right to dispute genuinely unauthorized transactions with your card issuer

7. Product Variation Orders (Metal Color & Stone Selection)

Vicenza Miami offers existing designs in alternative metal colors (e.g., 14k yellow gold, 14k white gold, 14k rose gold) and with alternative stone selections from our standard available options. We do not create new designs or provide fully bespoke jewelry services. The following terms apply:

• Variation orders are processed as modified orders and are final sale once they enter production or processing

• Variation orders cannot be cancelled, modified, or returned once production has begun, except in cases of verified manufacturing error on our part

• The customer is solely responsible for reviewing and confirming all selected options before order submission

• Production timelines for variation orders will be communicated at or after order placement and may vary

8. Order Processing & Acceptance

Submission of an order constitutes an offer to purchase, not a binding contract. A binding contract forms only upon our issuance of an order confirmation email. We reserve the right to refuse, limit, or cancel any order, including for:

• Suspected fraud, unauthorized payment use, or a pattern of return abuse

• Pricing errors or inventory discrepancies

• Unavailability of a product variation option

• Violations of these Terms or applicable law

If we cancel your order after payment, a full refund will be issued to your original payment method.

9. Shipping

Shipping is governed by our Shipping Policy, incorporated herein by reference, including our FTC Mail Order Rule compliance provisions regarding shipment delay notifications and your right to cancel and receive a prompt refund in the event of a shipping delay.

10. Returns & Exchanges

Returns and exchanges are governed by our Returns & Exchanges Policy, incorporated by reference. Standard in-stock items in default configuration are eligible for return within 10 business days of confirmed delivery. Variation orders are final sale.

11. Limited Warranty

WARRANTY: Vicenza Miami Company LLC offers a 1-year limited warranty on manufacturing defects from the date of delivery.

We warrant that each piece of fine jewelry sold through our website will be free from defects in materials and workmanship for one (1) year from the date of delivery.

COVERED:

• Defects in metal construction resulting from a manufacturing defect under normal wear (e.g., broken clasps, snapped prongs, split seams)

• Stones that fall out due to a defect in the original setting under normal wear

• Verified manufacturing errors in variation orders (incorrect metal color or stone delivered contrary to confirmed specifications)

NOT COVERED:

• Normal wear and tear including scratches, tarnishing, and natural dulling

• Damage from improper care: exposure to harsh chemicals, chlorine, salt water, perfume, lotion, or excessive moisture

• Damage caused by accidents, impacts, drops, or physical abuse

• Repairs, alterations, or resizing by any third-party jeweler (voids warranty coverage)

• Lost or stolen items

• Purchases made through unauthorized resellers or third-party platforms

WARRANTY CLAIMS: Contact info@vicenzamiami.com with your order number and photographs of the defect. If approved, we will repair or replace at our discretion. Return shipping for approved warranty claims is at our expense.

12. Intellectual Property

All content on www.vicenzamiami.com — including text, product descriptions, photographs, graphics, videos, logos, brand name, and jewelry designs — is the exclusive intellectual property of Vicenza Miami Company LLC or its licensors, protected under U.S. and international copyright, trademark, and intellectual property laws. No content may be copied, reproduced, distributed, modified, or commercially exploited without our express prior written consent. Vicenza Miami Company LLC retains all rights to its jewelry designs, including designs offered in product variation configurations.

13. DMCA — Copyright Infringement Notice & Takedown Procedure

Vicenza Miami Company LLC respects the intellectual property rights of others and expects users to do the same. In accordance with the Digital Millennium Copyright Act (DMCA, 17 U.S.C. § 512), we have designated a copyright agent to receive notifications of claimed infringement.

DESIGNATED DMCA AGENT:

• Vicenza Miami Company LLC

• Attn: DMCA Agent / Legal

• Email: info@vicenzamiami.com

• Mailing Address: Seybold Building, Miami, FL

TO SUBMIT A VALID DMCA TAKEDOWN NOTICE, your written notice must include all of the following:

• A physical or electronic signature of the copyright owner or their authorized agent

• Identification of the copyrighted work claimed to have been infringed

• Identification of the infringing material and its location on our website (including the specific URL)

• Your contact information: name, address, telephone number, and email address

• A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or applicable law

• A statement, made under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the copyright owner

We will respond expeditiously to valid DMCA notices by removing or disabling access to the allegedly infringing material. We reserve the right to terminate the accounts of users who are repeat copyright infringers in appropriate circumstances. Counter-notices may be submitted in accordance with 17 U.S.C. § 512(g).

Note: If you are unsure whether material on our site infringes your copyright, consult an attorney before submitting a DMCA notice. Knowingly submitting a false DMCA notice may expose you to liability under 17 U.S.C. § 512(f).

14. User-Generated Content

If you submit reviews, photos, testimonials, or other content to our site or social channels, you grant Vicenza Miami Company LLC a non-exclusive, royalty-free, perpetual, worldwide, irrevocable license to use, reproduce, modify, publish, and display such content in connection with our business. You warrant that you own or have sufficient rights to the submitted content and that it does not infringe third-party rights or violate applicable law.

15. Promotions, Discounts & Sale Items

• Promotional and discount codes are non-transferable, may not be combined unless expressly stated, and are not applicable to previous purchases

• Items purchased at a significant discount or during flash sales may be designated as final sale — this will be disclosed at the time of purchase

• We do not permit 'bracketing' (purchasing multiple items to return all but one) — we reserve the right to refuse or limit orders showing patterns consistent with this practice

• Birthday discounts and referral credits applied to an order make that order final sale unless otherwise stated

16. Disclaimer of Warranties

Except for the limited 1-year warranty in Section 11, our website, products, and services are provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind — express or implied — including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Vicenza Miami Company LLC does not warrant that our website will be uninterrupted, error-free, or free of harmful components.

17. Limitation of Liability

To the fullest extent permitted by applicable law, Vicenza Miami Company LLC, its members, managers, employees, agents, suppliers, and licensors shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages — including lost profits, loss of data, goodwill, or business interruption — arising from your use of or inability to use our website or products. Our total aggregate liability for any claim arising under these Terms shall not exceed the total amount you paid for the specific order giving rise to the claim. Some state laws do not allow exclusion of implied warranties or limitation of certain damages; in those states, our liability is limited to the greatest extent permitted by law.

18. Indemnification

You agree to indemnify, defend, and hold harmless Vicenza Miami Company LLC and its members, managers, officers, employees, agents, and licensors from and against any claims, liabilities, damages, losses, judgments, costs, and expenses (including reasonable attorneys' fees) arising from: (i) your use of our website; (ii) your breach of these Terms; (iii) your violation of any applicable law or regulation; or (iv) your infringement of any third-party rights.

19. Privacy Policy

Your use of our website is also governed by our Privacy Policy, incorporated herein by reference. By using our website, you consent to the data practices described therein, including our CAN-SPAM Act compliance practices for email marketing.

20. Third-Party Links & Services

Our website may contain links to third-party websites or services. These links are provided for convenience only and do not constitute endorsement. Vicenza Miami Company LLC has no control over and assumes no responsibility for the content, privacy practices, or security of any third-party site.

21. Force Majeure

Vicenza Miami Company LLC shall not be liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including acts of God, natural disasters, pandemics, governmental actions, labor disputes, carrier failures, supply chain disruptions, or internet outages.

22. Dispute Resolution & Binding Arbitration

In the event of a dispute arising from or relating to these Terms, your use of our website, or any purchase through our store, the parties agree to first attempt good-faith informal resolution for at least 30 days. If unresolved, the dispute shall be submitted to final, binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, with the seat of arbitration in Miami-Dade County, Florida. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

CLASS ACTION WAIVER: YOU IRREVOCABLY WAIVE YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION LAWSUIT, CLASS ARBITRATION, OR REPRESENTATIVE PROCEEDING AGAINST VICENZA MIAMI COMPANY LLC.

23. Governing Law & Jurisdiction

These Terms are governed by the laws of the State of Florida, without giving effect to conflict-of-law principles. For any matters not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts in Miami-Dade County, Florida.

24. Modifications to These Terms

We reserve the right to amend these Terms at any time. Revised Terms will be posted with an updated 'Last Updated' date. Continued use of our website after posting constitutes acceptance of the revised Terms.

25. Severability

If any provision of these Terms is held invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible. All remaining provisions remain in full force.

26. Waiver

No failure or delay by Vicenza Miami Company LLC in exercising any right shall constitute a waiver of that right. A waiver of any particular breach shall not constitute a waiver of any subsequent breach.

27. Entire Agreement

These Terms, together with our Privacy Policy, Shipping Policy, and Returns & Exchanges Policy (each incorporated by reference), constitute the entire agreement between you and Vicenza Miami Company LLC regarding your use of our website and purchase of our products, superseding all prior agreements and understandings.

28. Contact Us