Terms & Conditions
BY USING OUR WEBSITE, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS HEREOF WITHOUT ANY MODIFICATIONS, ADDITIONS OR DELETIONS.
These Terms & Conditions (the “Terms” or “Agreement”) are made and entered into by and between Christian Stoné, a Denver brand, (referred to in these Terms as “É”, “we”, “us” or “our”), which is the operator of the website www.christianstoné.com or http://xn--christianston-nhb.com/ (the “Website”), and you, a user of the Website (referred to in these Terms as “User”, “you” or “your”). This Agreement applies when you access the Website. If you do not agree to the Terms contained herein, you may not access, visit, or use the Website.
BEFORE YOU PROCEED, PLEASE READ THESE TERMS CAREFULLY. THIS AGREEMENT CONTAINS WARRANTY AND LIABILITY DISCLAIMERS. YOU AGREE TO ABIDE BY AND BE BOUND BY THE TERMS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE OUR WEBSITE.
About É and the Website.
Through the Website, É sells luxury jewelry, including, but not limited to rings, necklaces, bracelets, pendants, as well as earrings (collectively, the “Products”). Some of our Products have already been designed and are offered for sale in our online shop and/or collections (the “Shop Products”), while other Products can be custom ordered through our custom inquiry submission (the “Custom Products”).
Purchasing Shop Products.
Subject to your compliance with these Terms, you may purchase the Shop Products made available on the Website. When browsing our Website, in order to purchase one or more Shop Products, you must first choose from any available options, such as color, length, size, and/or quantity of the Shop Goods, and then add the item to your online shopping cart (the “Cart”). Once you have added all Shop Products that you wish to purchase to your Cart, by going to your Cart you have an opportunity to review your order, including a description of the Shop Products, the order subtotal, shipping, and taxes. Once you have confirmed or made any necessary modifications to your order, you then must enter in your billing and shipping details, as well as credit card payment information. You agree to provide only true, accurate, current and complete information in connection with any purchase of Shop Products. By clicking “Place Order”, you confirm your agreement to purchase the applicable Shop Products and agree that we may charge you for the total cost displayed to you at such time. You understand and agree we may change the price for Shop Products from time to time, in our sole discretion, and it is your responsibility to confirm the total price displayed to you before you click “Place Order”. Changes to applicable fees are effective upon posting the changes on the Website.
Although É has made every effort to display our Shop Products and their colors and appearance as accurately as possible, the displayed attributes of the Shop Products depend upon the monitor of the User, and É cannot guarantee that the User’s monitor will accurately portray the actual attributes of the Shop Products. Shop Products displayed may be out of stock or discontinued, and prices are subject to change. É is not responsible for typographical errors regarding price or any other matter.
Purchasing Custom Products.
Subject to your compliance with these Terms, you may make inquires to us regarding a desire to purchase a Custom Product from us. Custom Products begin at $1,500, and any custom requests that do not meet this amount will not be considered. We only use VS and VVS quality, D, E, and F color stones along with other colored stones of the same quality per request nothing less. We do not work with silver.
You may request a Custom Product by submitting the information requested on our “Custom Inquiries” page of the Website. Such information must include, but may not be limited to, your name and email address, the requested type of jewelry, gold quality and color, and specifying other details such as the dimensions and whether you intend to include diamonds in the Custom Product. You may also submit any designs, sketches, or other types of files that further explain how you desire the Custom Product to be created. You agree to provide only true, accurate, current and complete information in connection with any submission for a Custom Product, and further agree not to submit any type of file, virus, software, or other program that is capable of causing any damage, harm, interruption, or other failure to the Website, É, or any other Users. If you do not provide all information requested, your submission may be discarded.
You further understand and agree that submitting a request for a Custom Product does not guarantee that we will create the Custom Product for you, and we will first review your submission to determine, in our sole discretion, whether we can create the Custom Product. We may contact you at the email address you provide in your submission to understand your goals for the creation of the Custom Product as well as your budget. Based on this information, we will then provide you with a written estimate via email. In some cases, we may, in our sole discretion, agree to provide you with a mock-up of the Custom Product for your review. Once you provide us with written confirmation that you desire to purchase the Custom Product, unless we otherwise agree in writing, you must submit payment of a non-refundable or fifty (50%) refundable deposit if your deposit is the equivalent of the entire estimated amount of the custom product given to you by us, equaling fifty (50%) percent or one-hundred (100%) of the estimate, through the Website before production of the Custom Product begins.
Depending on the complexity of the Custom Design, production can vary anywhere from two (2) weeks to multiple months. Once production has been completed, we will notify you via email, at which point you must then submit, if owed, payment for the remaining fifty (50%) percent of the estimate. No Custom Products will be shipped to you unless and until we receive full payment of the estimate.
Disclaimer: although we do our best to ensure the amount of the estimate for Custom Products is accurate, there may be rare instances where we may need to adjust the price based on a number of factors, as determined in our sole discretion. In the event that we incur any extra costs or expenses in the production process beyond the amount of the estimate, then we will notify you via email, and thereafter you shall be responsible for payment of the remaining amount of the revised total cost before we will ship the Custom Product to you. If you do not pay such revised total cost in full, then we may allow you to cancel the order; provided, however, that the initial fifty (50%) percent deposit is non-refundable and will not be returned to you.
When you make a purchase of any Products through the Website, you authorize GY and its third-party payment processors, including WooCommerce and Stripe, to charge the credit card identified by you for the total cost including, shipping and taxes. You further represent and warrant that you are (1) providing true, accurate, current and complete information, and (2) authorized to use such credit card for the purpose of making such purchase. You acknowledge and agree to abide by any applicable terms and conditions of WooCommerce and Stripe, which can be accessed at the following links:
You further authorize É, WixCommerce, and/or Stripe to store your credit card information. If É does not receive payment from your credit card provider, Products will not be shipped to you until É receives payment.
In some cases, depending on the total amount of an order of Products, we may request that you submit further documentation to verify your identity and authorize the transaction, including signing a credit card authorization form and providing a copy of valid government-issued identification. We may request such documentation either before or after you have submitted payment for an order for Products. If you refuse to provide such documentation, we may, in our sole discretion, cancel your order and will refund the purchase price, minus any processing fees and other costs that we incur.
Shipping & Returns.
Any shipments or returns of Products purchased through the Website are subject to our Shipping & Returns Policy, which can be accessed at _____________ and is incorporated herein by reference.
No Satisfaction Guarantee.
Due to an individual’s subjective style and opinions, É cannot guarantee a purchaser’s satisfaction of any Products ordered from us. Although É has made every effort to display our Products and their colors and appearance as accurately as possible, the displayed attributes of the Products depend upon the computer capabilities of the User, and É cannot guarantee that the User’s computer or device will accurately portray the actual attributes of the Products.
While you agree that É shall not be responsible for, and that you release and hold É harmless from, any and all liability related to damage to a Product once it is delivered to you, we recommend that you use mild soap and water to clean any jewelry Products you purchase. You should avoid using any other type of chemical cleaners, abrasive polishing agents, or chlorine. We also recommend that you remove all jewelry Products before engaging in any exercise, before going to sleep, or when showering, swimming, etc., and that you put your jewelry Products on after bathing, spraying perfumes or hairsprays, or applying any lotions and cosmetics.
You may not access or use the Website for any purpose other than the purpose for which we make it available to you. We may prohibit certain activities in connection with the Website in our discretion. These prohibited activities include, without limitation, the following:
Criminal or tortious activity, including fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, trademark infringement, or theft of trade secrets.
Using any information obtained from the Website in order to contact, advertise to, solicit or sell any products or services to any User without their prior explicit consent.
Interfering with, disrupting or creating an undue burden on the Website or the networks or services connected to the Website.
Attempting to impersonate another User or person.
Using any information obtained from the Website in order to harass, abuse or harm another person.
Using the Website in a manner inconsistent with any and all applicable laws and regulations.
Using or otherwise accessing the Website for any reason other than a good faith interest in being matched with Agencies.
Undertaking any activity which infringes on our or any third-party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity and privacy.
Posting or submitting any content which is libelous, defamatory, threatening, harassing, invasive of privacy, abusive, tortious, hateful, discriminatory, pornographic or obscene.
Transmitting any trade secret or other material, non-public information about any person, company or entity without the authorization to do so.
Restricting or inhibiting any other visitor from using the Website, including without limitation, by means of “hacking” or defacing any portion of the Website.
Modifying, adapting, sub-licensing, translating, selling, reverse engineering, decompiling, or disassembling any portion of the Website.
Removing any copyright, trademark or other proprietary rights notices contained in the Website.
Distributing any virus, worm or other similar or deleterious files, scripts or programming routines through the Website.
Using any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine” the Website or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents, authentications and security measures.
Attempting to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how, or algorithms relevant to the Website;
Modifying, translating, or creating derivative works based on the Website or Products.
Intellectual Property Rights.
The Website and its contents, including any text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations, including but not limited to the trademarks “CHRISTIAN STONÉ”, “É”, and “SET IN STONÉ” are the intellectual property of É or its licensors and constitute trademarks, patents, copyrights and other intellectual property rights of É or its licensors under U.S. and foreign laws and international conventions.
You are prohibited from using any such trademark displayed through the Website for any purpose including, but not limited to, use as meta tags on other pages or websites on the World Wide Web, without the written permission of É or such third party, which may own the trademark.
You agree not to engage in the use, copying or distribution of the Website, any of its contents or any data generated or produced using the Website for any commercial purpose. You agree not to circumvent, disable or otherwise interfere with security related features of the Website. We may, but are not obligated to, periodically provide updates to the Website to resolve bugs or add features and functionality. You do not acquire any ownership rights to the Website, Products, or to any other contents contained on the Website. All rights not expressly granted in these Terms are reserved by É and its respective licensors, affiliates, and contractors.
You are solely responsible for any data, information, text, files, designs, photographs, comments, feedback, suggestions, ratings, reviews, or other materials you upload or submit to us and/or the Website (“User Content”). You agree that any User Content: (i) will be true and accurate; (ii) will not violate or facilitate the violation of any law or regulation; (iii) will not violate any right held by you or a third-party, such as, but not limited to, trademark, copyright, right of privacy, or right of publicity; and (iv) will not cause any harm, damage, or other injury to the Website, É, another User, or any other person or entity. You are solely responsible for the User Content you submit in connection with the Website, and É assumes no liability for any User Content submitted by you. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.
Disclaimer of Warranties.
THE WEBSITE AND ANY PRODUCTS, CONTENT, SERVICES, OR THIRD-PARTY SITES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE AND/OR ANY MOBILE VERSION THEREOF ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, É, ON BEHALF OF ITSELF AND ITS SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, DISCLAIMS AND EXCLUDES ALL WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
WITHOUT LIMITING THE FOREGOING, É DOES NOT REPRESENT OR WARRANT (I) THAT THE WEBSITE AND ANY PRODUCTS, CONTENT, SERVICES, OR SITES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, (II) THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE AND ANY SOFTWARE, CONTENT, SERVICES, OR SITES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (III) REGARDING THE USE OF THE WEBSITE AND ANY PRODUCT, CONTENT, SERVICES, OR SITES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ANY MATERIAL OR DATA THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE WEBSITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
Limitation of Liability.
IN NO EVENT SHALL GY BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT GY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL GY’s AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID OR PAYABLE TO GY BY YOU.
Applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you.
You agree to fully indemnify, defend, and hold É and its subsidiaries, affiliates, partners, officers, directors, employees, agents, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and other expenses that arise directly or indirectly out of or from: (i) your access to, use of, or alleged use of, the Website or the services or goods obtained through your use of the Website, including, but not limited to, Products; (ii) any User Content you upload or submit to us; (iii) your breach or violation of the terms in this Agreement, any representation, warranty, or covenant referenced in this Agreement, or any applicable law or regulation; (iv) any allegation that any materials you submit to us or transmit to the Website, including, but not limited to, User Content used in connection with a Custom Product, infringe or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third-party; (v) your activities in connection with the Website or other websites to which the Website is linked; (vi) any negligent act or omission or any willful misconduct by you; and/or (vii) any inaccuracies in the information provided to you through the Website.
For purposes of this Agreement, you and É are each referred to as a “Party” and collectively, as the “Parties”. The Parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations for a period of at least thirty (30) days from initial written notice thereof, which shall be a requirement prior to either Party initiating a lawsuit or arbitration. All claims arising out of or relating to these Terms (including its formation, performance and breach), the Website, and any purchased Products, shall be finally settled by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with the provisions of its Consumer Arbitration Rules, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. The arbitrator shall be empowered to determine the validity of any claim and to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the Parties and may be entered as a judgment in any court of competent jurisdiction. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, we will pay the additional cost.
You understand that, absent this mandatory provision, you would have the right to sue in court and have a jury trial. You further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
Class Action Waiver.
The Parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the Parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the Parties shall be deemed to have not agreed to arbitrate disputes.
Exception – Litigation of Small Claims Court Claims.
Notwithstanding the Parties’ decision to resolve all disputes through arbitration, either Party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction and subject to that court’s rules of procedure for small claims.
Thirty Day Right to Opt-Out.
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth this Agreement by sending written notice of your decision to opt-out to info@christianstoné.com. The notice must be sent within thirty (30) days of your first access to the Website, otherwise you shall be bound to arbitrate disputes in accordance with the terms set forth above. If you opt-out of these arbitration provisions, we also will not be bound by them. In addition, if you elect to opt-out of these arbitration provisions, we may terminate your use of the Website.
Governing Law and Jurisdiction.
You agree that your use of the Website shall be governed by and construed in accordance with the laws of New York, without regard to conflict of law rules. The courts of New York, New York shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with this Agreement.
These Terms may be amended by É from time to time. You agree that you will review these Terms prior to using the Website, and that your participation and continued use of the Website will constitute acceptance of these Terms, as they may be amended from time to time. A new version of this Agreement will take effect on (i) the date falling thirty (30) calendar days after the date of such posting (or such later date as we indicate in the relevant posting) if any of the changes are to an operative provision of this Agreement which is capable of adversely affecting you, or (ii) immediately upon the date of posting or such later date as we indicate in the relevant posting if the changes are not capable of adversely affecting you, examples of which would include, without limitation: (a) changing the name of the web address for the Website or (b) the refinement of provisions that are already included or referred to in this Agreement. In either case, if you do not wish to be governed by the new version of this Agreement, you must notify us and agree there shall be no further provision of or access to the Website. We shall not have any liability to you in such an event.
Operation of the Website.
You acknowledge that we reserve the right, but have no obligation, to (i) take appropriate legal action against anyone who, in our sole determination, violates these Terms, including, without limitation, reporting to law enforcement authorities, (ii) in our sole discretion and without limitation, refuse, restrict access to or availability of, or disable all or a portion of the Website, and (iii) otherwise manage the Website in a manner designed to protect the rights and property of É and its licensors and Users, and to facilitate the proper functioning of the Website.
This Agreement is effective unless and until terminated by either you or us. You may terminate by notifying us that you no longer wish to use our Website via email to info@christianstoné.com, or when you cease using our Website.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of this Agreement, we also may terminate this Agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Website (or any part thereof).
The failure of either Party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
É shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond É’s reasonable control, including, without limitation, any mechanical, electronic or communications failure or degradation, act of god, pandemic, or any other cause whatsoever, which is beyond our reasonable control (“Force Majeure Event”).
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.
These Terms are not assignable, transferable or sublicensable by you except with our prior written consent. We may transfer, assign or delegate these Terms and our related rights and obligations without obtaining your consent.
These Terms supersede all prior and contemporaneous agreements, representations and warranties and understandings, whether oral or written, with respect to the Website or its contents. Modifications to the Terms that are not posted on the Website are not valid unless made in writing and signed by an authorized representative of É.
You consent to receive notices and other communications regarding these Terms through posting of notices on the Website. You agree that all agreements, notices, disclosures, and other communications that É provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing.
If you have any questions about these Terms or the Website, you may contact us by email at info@christianstoné.com or the mailing address below:
300 S Jackson St Suite 135
Denver, Colorado 80209
Last Updated: December 16, 2021
SHIPPING & RETURN POLICY
All Products purchased from the Website, once fulfilled and packaged, are shipped via FedEx Express, next day insured with signature required. The cost of shipping is included in the total cost presented to you at the time you complete your purchase. Once the Product has been given to FedEx, we will then forward you the tracking confirmation details.
Orders generally ship Monday through Friday only. Saturday delivery may be available for an additional charge, which you must select from an available option or make a request to us at info@christianstoné.com. Sunday and holiday deliveries are not available.
Multiple Products ordered under a single order may not always ship together. In the case of multiple shipments for an order, you will not be charged any additional shipping fees.
To ensure a safe and secure delivery of your order, we do not ship to P.O. boxes. International buyers will be responsible for any import fees and/or taxes.
By ordering any Products from us, you agree to any and all applicable terms and conditions of the third-party shipping logistics providers, ShipStation and FedEx, used to deliver Products you order, available here: https://www.shipstation.com/terms-of-service/, https://www.shipstation.com/privacy-policy/, https://www.fedex.com/en-us/service-guide/terms/express-ground-samedaycity.html, https://www.fedex.com/en-us/trust-center/global-privacy-policy.html.
É sincerely hopes that you will be satisfied with any Product(s) you purchase from us. However, given that all of our Products, whether Shop Products or Custom Products, take several days to weeks or even months to create, we do not offer any returns or refunds for any of our Products that you purchase.
In the unusual event that you receive a Product that arrives damaged, you must notify us immediately by emailing info@christianstoné.com. Such notice must be sent no later than twenty-four (24) hours after you receive delivery, and must include your name, email address, and a picture and written description of the damaged Product. You must also return the damaged Product to us, at the address below, at your cost. We will discard and will not respond to any damage notice that does not comply with these requirements. If your damage notice does comply with these requirements, we will then notify you via email, at which point we will commence with production of a replacement Product to send to you, free of charge.
If you have any questions regarding our Shipping and Return Policy, please contact us by email at info@christianstoné.com or the mailing address below:
300 South Jackson St Suite 135
Denver, Colorado 80209
Last Updated: December 17, 2021
CHRISTIAN STONÉ. (“É” or “we” or “us” or “our”) respects the privacy of its users (“User” or “you”) that use our website located at www.christianstoné.com, including other media forms, media channels or mobile website or mobile application related or connected thereto (collectively, the “Website”).
From time to time, we may want to contact you with information about announcements, Website updates, promotions and special offers. We also may want to contact you with information about products and services from our business partners. You may opt out of such communications at any time by clicking the “unsubscribe” link found within É’s emails and changing your contact preferences.
For EEA Users: We only send marketing communications to Users located in the EEA with your prior consent. Please see the section “For EEA Users” below.
GATHERING, USE AND DISCLOSURE OF NON-PERSONALLY-IDENTIFYING INFORMATION
Users of the Website Generally.
“Non-Personally-Identifying Information” is information that, without the aid of additional information, cannot be directly associated with a specific person. “Personally-Identifying Information”, by contrast, is information such as a name or email address that, without more, can be directly associated with a specific person. Like most website operators, É gathers from Users of the Website Non-Personally-Identifying Information of the sort that web browsers, depending on their settings, may make available. That information includes the User’s Internet Protocol (IP) address, operating system, browser type and the locations of the websites the User views right before arriving at, while navigating and immediately after leaving the Website, as more fully described herein. Although such information is not Personally-Identifying Information, it may be possible for É to determine from an IP address a User’s Internet service provider and the geographic location of the visitor’s point of connectivity as well as other statistical usage data. É may analyze Non-Personally-Identifying Information gathered from Users of the Website to help É better understand how the Website is being used. By identifying patterns and trends in usage, É is able to better design the Website to improve Users’ experiences, both in terms of content and ease of use. From time to time, É may also release the Non-Personally-Identifying Information gathered from Website Users in the aggregate, such as by publishing a report on trends in the usage of the Website.
We may collect certain User Content, as defined in our Terms & Conditions.
Automatically Collected Information.
Certain data about the devices you use to connect with our Website and your use of the Website are automatically logged in our systems, including:
Mobile Device Information. If you use a mobile device to access the Website, we may collect device information (such as your mobile device ID, model and manufacturer), operating system, version information and IP address.
Log data. As with most websites and technology services delivered over the internet, our servers automatically collect data when you access or use our Website and record it in log files. This log data may include the IP address, browser type and settings, the date and time of use, information about browser configuration, language preferences, and cookie data.
Usage information. This is information about the Website and how you use it. We may also obtain data from our third-party partners and service providers to analyze how Users use our Website. For example, we will know how many Users access a specific page on the Website and which links they clicked on. We use this aggregated information to better understand and optimize the Website.
Device information. These are data from your computer or mobile device, such as the type of hardware and software you are using (for example, your operating system and browser type), as well as unique device identifiers for devices that are using our software.
Web Cookies are small text files stored on your device and used by web browsers to deliver personalized content and remember logins and account settings. É uses Web Cookies and similar technologies, including tracking pixels and web beacons, to collect usage and analytic data that helps us provide our Website to you, as well as to help deliver ads for relevant products and services to you when you visit certain pages on the Website and then visit certain third-party sites. For more information on cookies and how É uses them, please see our
USERS WHO DO NOT WISH TO HAVE WEB COOKIES PLACED ON THEIR COMPUTERS SHOULD SET THEIR BROWSERS TO REFUSE WEB COOKIES BEFORE ACCESSING THE WEBSITE, WITH THE UNDERSTANDING THAT CERTAIN FEATURES OF THE WEBSITE MAY NOT FUNCTION PROPERLY WITHOUT THE AID OF WEB COOKIES. USERS WHO REFUSE WEB COOKIES ASSUME ALL RESPONSIBILITY FOR ANY RESULTING LOSS OF FUNCTIONALITY.
A “Web Beacon” is an object that is embedded in a web page or email that is usually invisible to the user and allows website operators to check whether a user has viewed a particular web page or an email. É may use Web Beacons on the Website and in emails to count Users who have visited particular pages, viewed emails and to deliver co-branded services. Web Beacons are not used to access Users’ Personally-Identifying Information. They are a technique that É may use to compile aggregated statistics about Website usage. Web Beacons collect only a limited set of information, including a number, time and date of a page or email view and a description of the page or email on which the Web Beacon resides. You may not decline Web Beacons. However, they can be rendered ineffective by declining all Web Cookies or modifying your browser setting to notify you each time a Web Cookie is tendered, permitting you to accept or decline Web Cookies on an individual basis.
Aggregated and Non-Personally-Identifying Information.
We may share aggregated and Non-Personally Identifying Information we collect under any of the above circumstances. We may also share it with third parties and our affiliate companies to develop and deliver targeted advertising on the Website and on websites of third parties. We may combine Non-Personally Identifying Information we collect with additional Non-Personally Identifying Information collected from other sources. We also may share aggregated information with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis. For example, we may tell our advertisers the number of visitors to the Website and the most popular features or services accessed. This information does not contain any Personally-Identifying Information and may be used to develop Website content, Products, and other Services that we hope you and other Users will find of interest and to target content and advertising.
Additional Terms for Mobile Device Users.
Geo-Location Information. Unless we have received your prior consent, we do not access or track any location-based information from your mobile device at any time while accessing our Website on your mobile device, except that it may be possible for É to determine from an IP address the geographic location of your point of connectivity, in which case we may gather and use such general location data.
Social Media. We may use hyperlinks on the Website which will redirect you to a social network if you click on the respective link. However, when you click on a social plug-in, such as Facebook’s “Like” button, Twitter’s “tweet” button or the Google+, that particular social network’s plugin will be activated, and your browser will directly connect to that provider’s servers. If you do not use these buttons, none of your data will be sent to the respective social network’s plugin provider. So, for example, when you click on the Facebook’s “Like” button on the Website, Facebook will receive your IP address, the browser version and screen resolution, and the operating system of the device you have used to access the Website. Settings regarding privacy protection can be found on the websites or applications of these social networks and are not within our control.
COLLECTION, USE AND DISCLOSURE OF PERSONALLY-IDENTIFYING INFORMATION
As defined above, Personally-Identifying Information is information that can be directly associated with a specific person. É may collect a range of Personally-Identifying Information from and about Website Users. Much of the Personally-Identifying Information collected by É about Users is information provided by Users themselves when (1) purchasing Products, (2) making an inquiry for a Custom Product, (3) registering for our newsletter (if offered), or (4) otherwise communicating with us. That information may include each User’s name, address, email address and telephone number, and, if you transact business with us, financial information such as your payment method (valid credit card number, type, expiration date or other financial information). We also may request information about your interests and activities, your gender, age, date of birth, username, hometown and other demographic or relevant information as determined by É from time to time. Users of the Website are under no obligation to provide É with Personally-Identifying Information of any kind, with the caveat that a User’s refusal to do so may prevent the User from using certain Website features. BY USING THE WEBSITE, YOU CONSENT TO THE USE AND DISCLOSURE OF YOUR PERSONALLY-IDENTIFYING INFORMATION AS DESCRIBED IN THIS “COLLECTION, USE AND DISCLOSURE OF PERSONALLY-IDENTIFYING INFORMATION” SECTION.
We may occasionally use your name and email address to send you notifications regarding new Products and services offered through the Website that we think you may find valuable. We may also send you service-related announcements from time to time through the general operation of the Website. Generally, you may opt out of such emails by emailing us at info@christianstoné.com or clicking an “Unsubscribe” link at the bottom of such emails.
É will disclose Personally-Identifying Information under the following circumstances:
By Law or to Protect Rights. When we believe disclosure is appropriate, we may disclose Personally-Identifying Information in connection with efforts to investigate, prevent or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of É, our Users, our employees or others; to comply with applicable law or cooperate with law enforcement; to enforce our agreements or policies, in response to a subpoena or similar investigative demand, a court order or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us.
Marketing Communications. Unless Users opt-out from receiving É marketing materials upon registration, we may email Users about products and services that we believe may be of interest to them. If you wish to opt-out of receiving marketing materials from É, you may do so by following the unsubscribe link in the email communications or contacting us using the contact information below.
Third-Party Service Providers. We may share your Personally-Identifying Information, which may include your name and contact information (including email address) with our authorized service providers that perform certain services on our behalf. These services may include fulfilling orders, taking payments, shipping and delivery of Products, providing customer service and marketing assistance, performing business and sales analysis, supporting the Website’s functionality and supporting contests, sweepstakes, surveys and other features offered through the Website. We may also share your name, contact information and credit card information with our authorized service providers who process credit card payments. These third-party service providers may have access to Personally-Identifying Information needed to perform their functions but are not permitted to share or use such information for any other purpose.
Changing Personally-Identifying Information.
You may at any time review or change your Personally-Identifying Information by contacting us using the contact information below. Upon your request, we will deactivate or delete your contact information from our active databases. Such information will be deactivated or deleted as soon as practicable based on your activity and in accordance with our deactivation policy and applicable law. To make this request, contact us as provided below. We will retain in our files some Personally-Identifying Information to prevent fraud, to troubleshoot problems, to assist with any investigations, to enforce our Terms & Conditions, and/or to comply with legal requirements as is permitted by law. Therefore, you should not expect that all your Personally-Identifying Information will be completely removed from our databases in response to your requests. Additionally, we keep a history of changed information to investigate suspected fraud with any Users.
É uses the Personally-Identifying Information in the file we maintain about you, and other information we obtain from your current and past activities on the Website (1) to deliver the Products and services that you have ordered or requested; (2) to manage an internal account for you and provide you with customer support; (3) to communicate with you by email, postal mail, telephone and/or mobile devices about products or services that may be of interest to you either from us, our affiliate companies or other third parties; (4) to develop and display content and advertising tailored to your interests on the Website and other sites; (5) to resolve disputes and troubleshoot problems; (6) to measure consumer interest in our services; (7) to inform you of updates; (8) to customize your experience; (9) to detect and protect us against error, fraud and other criminal activity; (10) to enforce our Terms and Conditions; and (11) to do as otherwise described to you at the time of collection. At times, we may look across multiple Users to identify problems. In particular, we may examine your Personally-Identifying Information to identify Users using multiple User IDs or aliases. We may compare and review your Personally-Identifying Information for accuracy and to detect errors and omissions. We may use financial information or payment method to process payment for any purchases made on the Website, enroll you in the discount, rebate, and other programs in which you elect to participate, to protect against or identify possible fraudulent transactions and otherwise as needed to manage our business.
Collection and Use of Information by Third Parties Generally.
We take the security of your Personally-Identifying Information seriously and use reasonable electronic, personnel and physical measures to protect it from loss, theft, alteration or misuse.
However, please be advised that even the best security measures cannot fully eliminate all risks. We cannot guarantee that only authorized persons will view your information. We are not responsible for third-party circumvention of any privacy settings or security measures.
CHILDREN’S ONLINE PRVIACY PROTECTION ACT.
The Children’s Online Privacy Protection Act (“COPPA”) protects the online privacy of children under 13 years of age. We do not knowingly collect or maintain Personally-Identifying Information from anyone under the age of 13, unless or except as permitted by law. Any person who provides Personally-Identifying Information through the Website represents to us that he or she is 13 years of age or older. If we learn that Personally-Identifying Information has been collected from a User under 13 years of age on or through the Website, then we will take the appropriate steps to cause this information to be deleted. If you are the parent or legal guardian of a child under 13 who has become a User of the Website or has otherwise transferred Personally-Identifying Information to the Website, please contact É using our contact information below to have that child’s information deleted.
NOTICE TO NEVADA RESIDENTS.
Nevada law allows consumers to direct certain businesses not to sell their personally identifiable information collected on a business’s platform or other online service to third parties to license or sell that information to additional third parties. If you are a Nevada resident, you may submit such opt-out requests by email at info@christianstoné.com. To be effective, your request must include your full name, address, phone number, and email address to verify the authenticity of your request.
ADDITIONAL RIGHTS AND CHOICES FOR CALIFORNIA RESIDENTS.
If you are a California resident, the following additional rights may be available to you.
Shine the Light.
Users who are California residents may request (i) a list of categories of personal information disclosed to third parties during the immediately preceding calendar year for those third parties’ own direct marketing purposes; and (ii) a list of the categories of third parties to whom we disclosed such information. To exercise a request, please send us an email or a letter to the addresses in the section entitled “Contact Us” below and specify you are making a “California Shine the Light” request. We may require additional information from you to allow us to verify your identity and are only required to respond to requests once during any calendar year.
California Consumer Privacy Act of 2018 (CCPA).
Beginning January 1, 2020, the CCPA provides California residents with additional rights as described below. Please note your right to know and right to delete are subject to certain exceptions under the CCPA.
Notice of Collection.
During the past twelve (12) months, we have collected the following categories of personal information that the CCPA covers:
Identifiers, including name, email address, date of birth, phone number, IP address, and an ID or number assigned to you as a User.
Consumer records, billing and delivery address, and credit or debit card information.
Commercial information, including purchases and engagement with our platforms and mobile applications.
Internet activity, including your interactions with our platforms and mobile applications.
Audio data, including information collected for customer care quality assurance.
Geolocation data, including location enabled services such as GPS.
Inferences, including information about your interests, preferences and favorites.
Right to Know.
You have the right to know certain information about our data practices in the preceding twelve (12) months. You have the right to request the following information from us:
The categories of personal information we have collected about you;
The categories of sources from which the personal information was collected;
The categories of personal information about you we disclosed for a business purpose or sold;
The categories of third parties to whom the personal information was disclosed for a business purpose or sold;
The business or commercial purpose for collecting or “selling” the personal information; and
The specific pieces of personal information we have collected about you.
Right to Delete.
You have the right to request the deletion of personal information that we collect or maintain about you.
Right to Opt-Out of “Sale”.
É does not sell information as the term “sell” is traditionally understood. However, É may disclose certain information about you when you use our Website for purposes that may be considered a “sale” under the CCPA. For example, we may disclose information to advertising partners, advertising technology companies, and companies that perform advertising-related services in order to provide you with more relevant advertising tailored to your interests. This information may include identifiers such as your IP address, advertising identifiers, commercial information, your internet or other electronic network information such as your interaction with an ad, geolocation data and inferences. To the extent É sells your personal information as the term “sell” is defined under the CCPA, you have the right to opt-out of the sale of your personal information by us to third parties at any time. You may submit a request to opt-out by clicking Do Not Sell My Personal Information, where applicable, and following the instructions, or by contacting us as set forth below.
How to Exercise Your CCPA Rights.
To exercise any of these rights, please email us at info@christianstonécom. In the request, please specify which right you are seeking to exercise and the scope of the request. We will confirm receipt of your request within ten (10) days. We may require specific information from you to help us verify your identity and process your request. If we are unable to verify your identity, we may deny your requests to know or delete.
If you choose to exercise any of these rights, you will not receive different prices or quality of Products or services unless permitted by applicable law, including if those difference are reasonable related to your information.
Please note that if you opt out of receiving marketing communications from us, we may still send communications to you about your transactions, any accounts you have with us, and any contests, competitions, prize draws or sweepstakes you have entered. Opting out of one form of communication does not mean you’ve opted out of other forms as well. For example, if you opt out of receiving marketing emails, you may still receive marketing text messages if you’ve opted in to receiving them.
FOR EEA USERS.
Individuals located in the European Economic Area (EEA) have certain rights in respect to their personal information, including the right to access, correct, or delete Personally-Identifying Information we process through your use of the Website. If you’re a User based in the EEA, please send an email to info@christianstoné.com to:
Request a Personally-Identifying Information report including the Personally-Identifying Information we have about you, in a structured, commonly used, and portable format. Please note that É may request additional information from you to verify your identity before we disclose any information.
Have your Personally-Identifying Information corrected or deleted.
Object to us processing your Personally-Identifying Information. You can ask us to stop using your Personally-Identifying Information, including when we use your Personally-Identifying Information to send you marketing emails. We only send marketing communications to Users located in the EEA with your prior consent, and you may withdraw your consent at any time. Please note you will continue to receive transactional messages related to our Website and Products you order, even if you unsubscribe from marketing emails.
Request that we transfer your Personally-Identifying Information to another person.
Complain to a regulator. If you are based in the EEA and believe that we have not complied with data protection laws, you have a right to lodge a complaint with your local supervisory authority.
Most web browsers and some mobile operating systems include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. Because there is not yet a common understanding of how to interpret the DNT signal, the Website currently does not respond to DNT browser signals or mechanisms.
300 South Jackson St Suite 135
Last Updated: December 17, 2021
Introduction to Web Cookies
What is a Web Cookie?
A Web Cookie is a small text file that is placed on your hard drive by a web page server. Cookies contain information that can later be read by a web server in the domain that issued the cookie to you. Some of the cookies will only be used if you use certain features or select certain preferences, and some cookies are essential to the Website, and will always be used. Web beacons, tags, and scripts may be used in the Website or in emails to help us deliver cookies and count visits, understand usage and campaign effectiveness, and determine whether an email has been opened and acted upon. We may receive reports based on the use of these technologies by our service/analytics providers (for example, Google Analytics) on an individual and aggregated basis.
Why do we use Web Cookies?
How to Disable Cookies
Click here to learn more about managing cookie settings in Mozilla Firefox;
Click here to learn more about managing cookie settings in Google Chrome;
Click here to learn more about managing cookie settings in Microsoft Internet Explorer;
Click here to learn more about managing cookie settings in Safari;
Click here to learn more about managing cookie settings in Microsoft Edge.
If you want to learn more about cookies or how to control, disable, or delete them, please visit www.allaboutcookies.org for detailed guidance. In addition, certain third-party advertising networks, including Google, permit users to opt out of or customize preferences associated with your Internet browsing. To learn more about this feature from Google, click here.
Types of Cookies Used
Many jurisdictions require or recommend that website operators inform users/visitors as to the nature of cookies they utilize and, in certain circumstances, obtain the consent of their users to the placement of certain cookies.
Each cookie used by É falls within one of the following categories:
Essential cookies (First-Party Cookies) are sometimes called “strictly necessary,” as without them we cannot provide many services that you need. For example, essential cookies help remember your preferences as you use our Website.
These cookies track information about your visits and usage of the Website so that we can make improvements and report our performance — for example, to analyze visitor and user behavior so as to provide more relevant content or suggest certain activities. We might also use analytics cookies to test new ads, pages, or features to see how users react to them. Google Analytics is the main technology we currently use in this regard. To learn more about Google Analytics and your privacy, visit the “How Google uses data when you use our partners’ Websites or apps” page at www.google.com/policies/privacy/partners/.
To opt out of being tracked by Google Analytics when using our Website, visit http://tools.google.com/dlpage/gaoptout.
Functionality or preference cookies:
During your visit to the Website, cookies are used to remember information you have entered or choices you make (such as your username, language, or your region). They also store your preferences when personalizing the Website to optimize your use of the Website (for example, your preferred language). These preferences are remembered through the use of persistent cookies, and the next time you visit the Website, you will not have to set them again.
Targeting or advertising cookies:
These Third-Party Cookies are placed by third-party advertising platforms or networks in order to deliver ads and track ad performance, or enable advertising networks to deliver ads that may be relevant to you based upon your activities (this is sometimes called “behavioral tracking” or “targeted” advertising) on the Website. They may subsequently use information about your visit to target you with advertising that you may be interested in on the Website and other websites. You can opt out of interest-based targeting provided by participating ad servers through the Digital Advertising Alliance (http://youradchoices.com).
Social media cookies:
Cookies subject to change
Updating this Policy
300 South Jackson St. suite 135
Denver, Colorado 80209
Last Updated: December 17, 2021