These Terms of Use apply to Le Vian’s website. Le Vian Style Bar, any appointments made online, Le Vian Retailer Store Portals, and Le Vian’s e-Certificate and Limited Lifetime Warranty, if applicable. Le Vian’s merchandise sold through retailers are subject to separate terms and conditions that accompany the applicable product or service offering. Le Vian offers this Website, Style Bar and it’s e-Certificate and Limited Lifetime Warranty services including all information, tools and services available from this Site, to you conditioned upon your acceptance of all the terms, conditions, policies and notices stated here. Your use of this Site constitutes your agreement to these Terms of Use.
Accuracy, Completeness and Timeliness of Information on This Site
Le Vian is not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk. This Site may contain certain historical information provided for your reference only. Le Vian reserves the right to modify the content of this Site at any time, in its sole discretion. You agree that it is your responsibility to monitor changes to the Site. Some items may appear slightly larger or smaller than actual size due to screen defaults and photography techniques. Other items may be represented at a larger than actual size in order to clearly show details, or smaller than actual size in order to show the entire item.
Use of Materials on the Site
All content on this Site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof), is the exclusive property of and owned by Le Vian and is protected by copyright, trademark and other applicable laws. You may access, copy, download and print the material contained on the Site for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print. Any other use of content on the Site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Site, or use of the Site for purposes competitive to Le Vian, is expressly prohibited. Le Vian retains full and complete title to the material provided on the Site, including all associated intellectual property rights. Le Vian reserves the right, in its sole discretion, to limit or terminate your access to or use of the Site at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which Le Vian may be entitled at law or in equity. You may not use contact information provided on the Site for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the Site or to surreptitiously intercept any system, data or personal information from the Site. You agree not to interrupt or attempt to interrupt the operation of the Site in any way.
Conduct on the site
Some features may require registration. By registering at and in consideration of your use of the such services you agree to provide accurate, current, and complete information about yourself.
Some features may require use of a password, which you will be responsible for protecting. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. Le Vian may assume that any communications Le Vian receives under your email and password have been made by you unless Le Vian receives notice otherwise.
You have the option to opt out of any of the features of this Site or any other Le Vian online product at any time. Opting out of one feature does not constitute opting out of all features.
By providing your email and any other information, you agree Le Vian may process your name, email address and other personal information you provide above to communicate with you, to establish an online account, to contact you regarding any appointment you have made, contact you regarding any purchase you have made, and to conduct direct marketing. Le Vian may share this information with (1) its affiliates, its service providers and joint marketing partners for the purposes listed above per Le Vian’s privacy policy, (2) government authorities and (3) others as required by law. Le Vian also may transfer your personal information for these purposes from/to the United States and other jurisdictions that may not offer the same level of data protection as the country in which you initially provided such information.
Trademarks and Copyrights
Trademarks, logos and service marks displayed on this Site are registered and unregistered trademarks of Le Vian. Nothing on this Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Site without the owner’s prior written permission, except as otherwise described herein. Le Vian reserves all rights not expressly granted in and to the Site and its content. This Site and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.
Jurisdiction and Applicable Law
The laws of the State of New York govern these Terms of Use and your use of the Site, and you irrevocably consent to the exclusive jurisdiction of the courts located in the County of New York for any action arising out of or relating to these Terms of Use or use of this Website. This Site has been designed to comply with the laws of the State of New York and of the United States, if anything is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and we ask you not to use the Site.
Changes to These Terms of Use
Le Vian reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms of Use, in whole or in part, at any time, by posting revised terms on the Site. Such terms will be effective within 30 days of posting.
Entire Agreement and Admissibility
This agreement and any policies or operating rules posted on this Site constitute the entire agreement and understanding between you and Le Vian with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
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.
How to Contact Us
If you have any questions or comments about these Terms of Use or this Site, please contact us by emailing customerservice@levian.com. Or by mail to Le Vian Corp. Attn: Legal Department 235 Great Neck Road, Great Neck, New York 11021.
1. OUR COMMITMENT TO PRIVACY.
This Privacy Policy ("Privacy Policy") sets forth Le Vian Corporation's (referred to as "LeVian", "we," "us," "our") policies regarding the collection and use of information provided by you to LeVian when you purchase a LeVian product, request services or information from us, and when you visit LeVian's website (the "Site"). Our Privacy Policy addresses how we may use your personal information, the choices you may have about how we use your personal information, and how we protect that information. Please read our Privacy Policy carefully. For the purposes of this Privacy Policy, "you," "your" and "yours" shall refer to you as a user of the Site and as a shopper for and owner of LeVian products.
It is your responsibility to submit accurate information to Le Vian, the Site and LeVian's authorized retailers. If you prefer that we not collect any personal information from you, please do not provide us with any such information. When you submit personal information to LeVian, you hereby consent to the collection, use and disclosure of such information as set forth in this Privacy Policy. By using the Site, you are accepting the practices described in this Privacy Policy.
2. THE INFORMATION WE COLLECT AND HOW WE COLLECT IT.
a. When you purchase a Le Vian product subject to our warranty program through one of our authorized retailers, in accepting the warranty terms, you consent to our receipt of, and we receive, your name, billing address, email address, phone number(s), and information about the specific item purchased. If you order a specific piece directly from us (for example, to replace a piece under our warranty, including the trade-up program), we may collect your name, billing and shipping addresses, email address, phone number and payment card (debit/credit) number or gift card number. We may receive additional information about you, including information about your jewelry shopping preferences, if you utilize our warranty and repair services.
Generally, you may browse our Site without providing any personal information. However, we may ask that you provide information, including personal information, at various times and locations on the Site when you track the progress of your warranty, order and/or repair. For example, you may be asked to provide information such as your name, address, phone number and email address. We may collect and store any personal information you enter on the Site.
b. Information Collected Automatically. When you visit the Site, we store your IP address and monitor your activity on the Site. Also, in connection with your visit to the Site, we may collect and disclose to our service providers and business partners various categories of non-personally identifiable information, including, without limitation, aggregated statistics generated from visitors to our Site and purchasers of our products. Any such information disclosed to our service providers and business partners will not contain your personally identifiable information.
We use "cookies" to help you access and navigate the Site more efficiently and to statistically monitor how many people are using the Site. A "cookie" is a small file or tool stored on your hard drive containing information that allows us to deliver customized information to you. You may set your browser to notify you of or decline the receipt of cookies; however, certain features of the Site may not function properly or be available if your browser is configured to disable cookies.
c. Information Collected by Third Parties. We may allow third parties to display advertisements on the Site. Le Vian and these companies may use tracking technologies, such as cookies, to collect information about you when you view or interact with these advertisements and connect to the Site. We do not provide any personal information about you to these third parties unless you have requested us to do so. This information allows LeVian and these companies to deliver targeted advertisements on our Site and gauge their effectiveness.
d. Emails You Send to Le Vian. When you send an email to LeVian, either through the "Contact Us" area of the Site or otherwise, LeVian may retain your email address and the contents of the email you send.
e. Application for Employment. We collect personal information about you when you use our Site to apply online for a position with us.
3. THE WAY WE USE INFORMATION
4. WITH WHOM WE SHARE YOUR INFORMATION.
Except as otherwise provided in this Privacy Policy, we will not sell or share your personal information with unaffiliated third parties, which are not in our authorized retailer network or business partners subject to agreements with us, for their marketing purposes. However, we may share your personal information with our affiliates and with third parties under the following circumstances:
a. To Effect Orders and Services You Have Requested. We may share your personal information with affiliates and third parties to complete a transaction or service you have requested from us or through us, including to act on orders you have placed for our jewelry or warranty and repair services.
b. Affiliates and Others. Unless you have instructed us not to do so (please see "Your Rights" section below), we may share your personal information with our authorized retailers, service centers, content providers and other business partners (collectively, "Partners") with whom we may jointly market or cross-market our products and services, all of whom may use your information for marketing purposes similar to the purposes for which we collect such information, including, without limitation, providing you with an offer or promotion that we believe you will find valuable. Any of your personal information that is shared with our Partners is subject to their own privacy policies. Le Vian does not have control over or responsibility for the privacy practices of our Partners. If you have questions about how such Partners use your personal information, we encourage you to request and review their respective privacy policies.
c. Service Providers. We may share your personal information with service providers and other parties performing services on our behalf. We require such parties to enter into confidentiality agreements with us to prevent the further disclosure of your information.
d. Protection of Our Rights, Compliance with Law and Fraud Protection. We may disclose personal information about you in order to enforce your agreements with us or otherwise to protect our legal rights. We may disclose any information, including, without limitation, personal information, we deem necessary to comply with any applicable law, regulation, legal process or governmental request. We may also exchange information, including, without limitation, personal information, with other companies and organizations for fraud risk reduction and related activities. Le Vian reserves the right to disclose personal information about you if we believe you have violated the Terms of Use posted on our Site or the warranty terms, even without a subpoena, warrant, or other court order.
e. Sale or Transfer of Information, or Bankruptcy. We may disclose your personal information in connection with a potential or actual sale, merger, liquidation, dissolution, or transfer of the assets of Le Vian, or in the event of bankruptcy.
f. Purposes Permitted by Law. We may use your personal information for other purposes permitted by law.
5. THIRD-PARTY LINKS.
We may provide links to third-party websites on our Site. Please be aware that we cannot control and are not responsible for the information collection practices of such third-party websites, which may differ from those of Le Vian. We encourage you to review the privacy policies of these websites before providing your information to them.
6. SECURITY PRACTICES.
We maintain a variety of physical, electronic, and procedural safeguards designed to protect your personal information from unauthorized access and disclosure. For example, we use commercially accepted tools and techniques to protect against unauthorized access to our systems. Our employees receive training on the appropriate handling of customer information, are required to agree to confidentiality policies regarding such information, and are subject to disciplinary actions in the event they misuse customer information. However, no Site or system can be completely secure. Therefore, although we take steps to secure your information, we do not promise, and you should not expect, that your personal information, searches, or other communications will always remain secure. In the event of a breach of the confidentiality of your personal information, we will attempt to notify you as necessary so you can take appropriate protective steps. We may notify you under such circumstances using the current email address(es) we have on record for you, and if you did not provide an email address, by regular mail.
Users should take care with how they handle and disclose their personal information to third parties. The Federal Trade Commission's website, http://www.ftc.gov/bcp/menus/consumer/data.shtm, provides useful information about how to protect yourself against identity theft.
7. OUR SITE IS NOT FOR USE BY CHILDREN.
We do not knowingly market to, solicit information, or accept service from children under the age of 13 on our Site. If a child under 13 submits information about themselves to us through any part of our Site, and we become aware that the person submitting the information is a child, we will attempt to delete this information as soon as possible. We require that only persons 18 years of age or older use our Site.
8. VISITING OUR SITE FROM OUTSIDE THE UNITED STATES.
Our Site is hosted in the United States and governed by United States law. If you are visiting the Site from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries may differ from, and may not be as comprehensive as, those in your country. By using our Site, you consent to your information being transferred to the United States to our facilities and to the facilities of those third parties with whom we share your information as described in this Privacy Policy.
9. YOUR RIGHTS, OUR OBLIGATIONS.
You have some choices on how we use and disclose your personal information under certain circumstances. If you tell us that you do not wish to have your personal information used as a basis for further contact by us with you, or not be used further for our marketing and promotional purposes, or not be disclosed further for our Partners' marketing and promotional purposes, we will endeavor to respect your wishes (except to the extent we need to communicate with you about resolving ongoing transactions and service contracts you have with us or closing your account with us). You can also choose not to provide us with certain information.
You may instruct Le Vian to stop sending you certain promotional materials (e.g., e-mail messages, catalogues, postcards and letters) by following the "unsubscribe" instructions provided in those materials. However, we may continue to contact you to provide information regarding your warranty.
If you wish to opt-out of continued communications from us (direct mail, telephone, fax or e-mail communications), please email us at: customerservice@levian.com. We will process your opt-out request as soon as reasonably practicable. We may keep, however, a record of your email address, phone number, name and physical address for the purpose of honoring your opt-out request.
If you wish to speak to a representative about your privacy choices, please call the following toll-free number: 1-877-2LEVIAN, or write to us at:
Le Vian Corporation
235 Great Neck Road
Great Neck, NY 11021
10. HOW CAN I REVIEW, UPDATE OR CORRECT MY INFORMATION?
If you would like to review, update or correct your information, please call: 1-877-2LEVIAN, or write to us at:
Le Vian Corporation
235 Great Neck Road
Great Neck, NY 11021
11. CHANGES TO THIS PRIVACY POLICY.
We will occasionally update this Privacy Policy to reflect changes in our practices. When we post changes to this Privacy Policy, we will revise the Effective Date at the top of this Privacy Policy. If we make any material changes to our Privacy Policy, we will attempt to notify you by sending an email to the current email address(es) provided by you or by sending you a notice by regular mail if you did not provide us with an email address, and/or by prominently posting notice of the changes on the Site. We recommend that you check the Site from time to time to inform yourself of any changes in this Privacy Policy or any of our other policies.
12. QUESTIONS ABOUT THIS PRIVACY POLICY AND OUR PRIVACY PRACTICES.
a. If you have questions or concerns about this Privacy Policy or request that we not use your personal information for a particular purpose, please contact us (see "Your Rights" section above). We try to answer inquiries within a reasonable time.
b. California Residents. If you are a resident of California, in addition to the rights set forth in this Privacy Policy, you have the right to request information from us regarding the manner in which we share certain categories of personal information with third parties for their direct marketing purposes. As stated above, we do not share such information with such parties unless you have requested us to do so or if you have made no such request, then subject to your right to opt-out of further sharing your personal information for third party marketing purposes (see "Your Rights" section above).
c. No Rights of Third Parties. This Privacy Policy does not create rights enforceable by third parties.
Corporate Responsibility:
As an international provider of fine jewelry, Le Vian Corp., (“Le Vian”) believes that a positive record as a conscientious employer, acting responsibly and with integrity, will further enhance our reputation as a leading provider as well as act as a model for the industry at large. Le Vian is at the forefront of the jewelry industry by establishing and promoting internal standards for corporate responsible sourcing, high standards for business, ethical and environmental responsibility, as well as requiring all outside business relations to follow suit. Additionally, we believe there is both a business as well as a moral obligation to look beyond our internal practices and support responsible behavior throughout the entire jewelry supply chain. Le Vian defines responsible sourcing as action which positively impacts our customers, our suppliers and the communities around our business. Given this, Le Vian does not condone activities by individuals and/or corporations who achieve results through violations of national and/or international law or unethical business dealings. Le Vian expects that all business conduct should be well above the minimum standards required by law. Le Vian is a member of the Responsible Jewellery Council (RJC). The RJC is a standards-setting organization that has been established to advance responsible ethical, human rights, social and environmental practices throughout the diamond, gold and platinum group metals jewelry supply chain. The RJC has developed a benchmark standard for the jewelry supply chain and credible mechanisms for verifying responsible business practices through third party auditing. As an RJC member, we commit to operating our business in accordance with the RJC Code of Practices. We commit to integrating ethical, human rights, social and environmental considerations into our day-to-day operations, business planning activities and decision making processes. Some examples of Le Vian’s Corporate Responsibilities include, but are not limited to, the following:
Business Responsibility:
Ethical Responsibility:
Environmental Responsibility:
MEMBERSHIPS:
As part of our ongoing commitment to the responsible sourcing of our jewelry, Le Vian was certified by the Responsible Jewelry Council (RJC) in June 2015 following a third party supply chain audit. The RJC (http://www.responsiblejewellery.com/) is an international not-for-profit organization committed to promoting responsible ethical, human rights, social and environmental practices in a transparent and accountable manner throughout the jewelry industry from mine to retail. To achieve such certification, auditors confirmed Le Vian’s business practices met the ethical, human rights, social and environmental standards established by the RJC’s Member Certification System. In addition to our own commitment to such standards, Le Vian requires our suppliers to certify that materials incorporated in the jewelry we manufacture comply with these practices and the applicable laws of their respective countries.