Conditions of Sale

Last updated: April 2024

Customers purchasing products online or by phone through Capricorn USA LLC’s websites must read the Conditions of Sale, which will govern the terms and conditions of any such purchases. Please read these Conditions of Sale carefully. These Conditions of Sale are applicable to any order placed through the Sales Channels, and include an agreement to arbitrate any disputes on an individual basis. Please note that before placing an order for products or services, you will be asked to agree to these Conditions of Sale. If you do not agree to these Conditions of Sale, then you will not be able to order any products or services through the Sales Channels.

1.Use of materials on the Platforms

Capricorn USA has created its various Platforms to provide information about its company and products for your personal use. Whilst considerable effort has been made to ensure that the visual representations of Capricorn USA products displayed on the platforms are representative of the color, design and style etc. of the original products, slight variations, distortions and/or differences may be apparent when compared to the original product. This may, for example, be due to technical issues such as your browser or computer settings. Accordingly, Capricorn USA cannot be held liable for any apparent differences in the product images represented on the Platforms and the original products.

You may download one computer copy or print one copy of the material made available to you via the Platforms or email, or download the application on to your mobile device, for your own non-commercial, educational, private or domestic use only, provided that proprietary notices, in particular intellectual property notices such as copyright©, trademark™, are preserved intact and are not modified, deleted or changed. Unless otherwise stated, you should assume that everything that you see or read on the Platforms (such as images, photographs, including any person represented in the photographs, illustrations, icons, texts, video clips, music, written and other materials)(“Capricorn’s Material”) are protected by legislation such as copyright, designs and trademark legislation and under international treaty provisions and national laws worldwide.

You are not authorized to sell, reproduce, distribute, communicate, modify, display, publicly perform, report or otherwise prepare derivative or second hand works based on or use any Capricorn’s Material in any way for any public or commercial purposes. Any unauthorized use of Capricorn’s Material may infringe copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

2.Your submissions and unsolicited communications

This section concerns communications sent to Capricorn USA. It does not concern the communication of personal information to Capricorn USA in relation to customer enquiries, the use of services or the purchase of products by phone or through the Platform. The latter is governed by the rules stipulated in the Privacy Policy.

Any unsolicited communication or material that you transmit to Capricorn USA via the Platforms or through social media, by electronic mail or otherwise, including, but not limited to, any data, questions or answers, comments, suggestions, or the like will be treated as non-confidential and non-proprietary by Capricorn USA. By sending communications to Capricorn USA, you automatically grant Capricorn USA a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such communication(s) alone, or as a part of other works in any form, media, or technology whether now known of hereafter developed and to sublicense such rights to anyone. Anything that you transmit may be used by Capricorn USA and its affiliated companies for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting, or developing, manufacturing and marketing products using such information.

Furthermore, Capricorn USA cannot agree to or accept to be the receiver of unsolicited proposals of collaboration. Indeed, it is conceivable that Capricorn USA may already be working on similar ideas and/or creations. Consequently, you are advised that Capricorn USA is not interested in receiving ideas or other proposals relating to creations you may wish to submit.

3.Updates to These Conditions of Sale

We may make changes from time to time to these Conditions of Sale so please check back regularly to keep informed of updates. The latest version of these Conditions of Sale will always be available on the Platforms or on request. Any new version of these Conditions of Sale shall take effect immediately upon the date of posting and will govern any orders of products or services made as of that date. Any changes to the Conditions of Sale made after you have placed an order will not affect that order and your relationship with us, except as may be required by applicable law.

4.Purchasing Eligibility

Only individuals (and not legal entities) who (a) have reached the age of legal majority required to enter into contracts (eighteen in most states); (b) have legal capacity to enter into contracts; and (c) where shipping is applicable, have a shipping address in the continental United States of America, Alaska, Hawaii or the District of Columbia, may order products through the Sales Channels. If you are under the age of legal majority or otherwise cannot lawfully enter into a contract, you must have your parent or guardian place an order on your behalf and they will be asked to agree to these Conditions of Sale.

By placing an order through the Sales Channels, you represent and warrant that you are a bona fide end-user customer purchasing for your own or another’s personal use and will not deliver, sell or otherwise distribute our products or purchase our products or services for commercial purposes. Bulk purchases and purchases for resale are prohibited.

5.Product Availability & Quantity

All orders placed through the Sales Channels are subject to product availability and acceptance of such orders by us. Your purchase is not complete until you receive confirmation from us by email or otherwise. Additionally, certain products shown may not be available for sale and delivery in some states. The Client Relations Center can provide more information as regards these products or the availability of other products. For information about the order process, please refer to our Order Process section below.

Quantity limits may apply in relation to orders for certain products. We reserve the right to refuse at any moment in time, without prior notice, orders exceeding a certain number of authorized products.

6.Termination and suspension

You agree that Capricorn USA may terminate or suspend your access to and use of the Platforms if Capricorn USA reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use, or violated the rights of Capricorn USA, its affiliated companies or any third party, with or without notice to you. You agree that Capricorn USA may modify or discontinue providing any of the Platforms, with or without notice to you. You agree that Capricorn USA will not be liable to you or any third party as a result of such modification or discontinuation.

7.Account Registration & Guest Checkout

To place an order through the Platforms, you may either register and create an online account, or place an order as a guest without creating an online account by selecting the "Guest Checkout" option. Where you place an order as a guest, we may still create an account on our internal systems to record your purchase(s).

8.Personalized Services

Personalization (for example engraving) or other services may be available on a selection of products. If you wish to have your product personalized, please provide the details in the Sales Channels as requested.

We reserve the right to withhold or refuse acceptance of any order for personalized products, or with a message card, that contains language that is objectionable, unlawful or contrary to our policies. You are responsible for ensuring that any wording you provide for personalizing products is correct.

In addition, orders for personalized products cannot be canceled and such products that have been personalized in any way or otherwise made to your bespoke specifications cannot be returned to us for exchange or refund (except where defective), and are considered final upon receipt of a written Acknowledgement of Order, as described in these Conditions of Sale. This does not affect your consumer rights.

9.Order Process

For orders placed through the Platforms, desired products should be placed in the shopping bag (subject to availability and quantity limits) and you should proceed to “checkout” when ready to purchase. During the checkout process, you should review your shopping bag to confirm all details prior to completing your purchase. Except for personalized products (as further detailed above), product is not guaranteed as available for purchase until the order is placed and you receive a written Confirmation of Order & Shipment.

We reserve the right, in our sole discretion, to refuse, cancel and terminate orders at any time on reasonable grounds. For example, we may refuse, terminate or cancel your order if there is an ongoing dispute concerning payment of a prior order or if we suspect, in our sole discretion, that you have engaged in (i) fraudulent activities; (ii) the import of product activities which we have not intended; or (iii) have otherwise violated these Conditions of Sale.

10.Prices, Taxes and Shipping Costs

All prices shown or quoted by the applicable Sales Channels are in U.S. Dollars unless otherwise stated and exclude sales tax, shipping costs and other taxes unless otherwise stated. Sales, use or other taxes will vary based on the location to which products are being delivered. You should check updated prices and currency carefully.

Shipping and handling costs, if any, are described in the Shipping Policy below or by the applicable Sales Channels. Shipping and handling costs will only be added to the product price after you have chosen your delivery options, and will be summarized before you are asked to confirm and place your order.

We reserve the right to modify prices and delivery costs at any time without prior notice. The price of a product and delivery costs displayed on the Platforms or quoted by the Client Relations Center, as indicated at the time we provide you with a Confirmation of Order, will be honored by us.

We take reasonable care that the prices of products and delivery costs are correct when the relevant information is communicated to you via the Sales Channels. However, it is possible that, despite our reasonable efforts, some of the products offered or shipping and handling costs may be incorrectly priced and/or applicable laws have changed that may impact taxes associated with your order. If any of the products or any delivery costs are incorrectly priced and/or a different tax applies, we will contact you as soon as possible to reconfirm the order and new amounts. If we are unable to contact you using the contact details you have provided during the order process, we will cancel the order and notify you in writing. If we mistakenly accept and process your order where a pricing or delivery cost error occurs, we may cancel the order and refund you any sums you have paid.

Please note that changes to applicable law between the date your order is placed and the date you are sent a written Confirmation of Order & Shipment may result in changes to the taxes associated with your order. If the resulting change is an increase in the taxes that you are charged, we will contact you and ask that you reconfirm your order.

11.Payment

We accept the payment methods identified in the order process via the Sales Channels. When ordering, you will need to provide your payment details through the appropriate Sales Channels. Depending on the means of payment, we may require additional information, including specific forms of identification. All payment card holders are subject to validation check and authorization by the card issuer. If your payment card issuer refuses to authorize payment to us, you will need to contact your card issuer directly to solve this problem.

Other payment methods may also be subject to validation checks and authorization by the payment system providers. You expressly authorize us to perform security checks, where we deem necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your payment card details, to authenticate your identity, validate your payment card, obtain an initial payment card authorization, and authorize individual purchase transactions.

Depending on your payment method, type, and nature of your purchase, your account may be immediately debited during the checkout process or a hold may be placed on your account for a period of time or until the product is shipped. Please contact the Sales Channels or your payment card provider for more details.

Where we offer you the ability to prepay for your products, either in full or as a partial prepayment, the prepayment will be taken immediately following the placement of your order and subject to the specific requirements communicated by the applicable Sales Channels during the prepayment process. Prepayments (in whole or in part) are non-refundable; however, prepayments shall not impact your legal rights under these Conditions of Sale.

Under U.S. law, Capricorn USA LLC does not make sales of its goods to individuals or companies designated on the Office of Foreign Assets Controls (“OFAC”) Specially Designated Nationals (“SDN”) List, or to country destinations sanctioned by the U.S. Any such transactions will be declined.

12.Confirmation of Order & Shipment

Upon shipment of your order, we will send you a Confirmation of Order & Shipment in writing (by e-mail or otherwise). This Confirmation of Order & Shipment constitutes our acceptance of your order and indicates the existence of a binding sales contract, except for personalized products, where our Acknowledgement of Order constitutes our acceptance of your order and indicates the existence of a binding sales contract. No agreement for purchase is complete until we send you a Confirmation of Order & Shipment.

13.Shipping Policy

We only accept orders for shipping within the continental United States of America, Alaska, or Hawaii. Kindly note that we do not deliver to P.O. Boxes, APO/FPO addresses, hotels, hospitals, freight forwarders or directly to UPS and FEDEX store locations. If you order several products, we reserve the right to ship the order only once all products are available (there will be no partial shipments, unless otherwise communicated to you).

14.Delivery

We will use reasonable efforts to ensure delivery by the carrier within the estimated delivery time from the date of our written Confirmation of Order & Shipment except if your purchase relates to a product or service that we have explained to you will take additional time to deliver, for example in the case of products or services that we personalize or produce to your specifications.

In certain instances, you may be able to choose a specific delivery date if available on the Sales Channels. If this option is provided to you, any such delivery date remains subject to our confirmation.

If delivery of products is delayed, we will inform you as soon as possible and will use reasonable efforts to minimize the delay. With the exception of personalized products, if we do not deliver within thirty (30) days from the date of the written Confirmation of Order & Shipment or any other delivery time as indicated by us, you may contact us to cancel the relevant order and we will refund of any sums you pre-paid for products not delivered.

In any event, your sole remedy for any failure by us to deliver the order to you shall be your right to cancel the relevant order and receive a refund of sums you pre-paid us for any products which you have not received.

When estimating your delivery time, please allow time for credit approval, address verification, security checks and order processing. Please note that delivery is always subject to receiving your full payment.

All order delivery date estimates are subject to stock availability and may be delayed for special requests (e.g., bracelet adjustment or engraving).

Saturday and U.S. federal holidays will not be considered as a regular business day with respect to estimated delivery lead time.

We will require a signature by you or an adult at the delivery address (unless arranged by you otherwise), to confirm the delivery of each product, at which point risk and responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example, as a gift), then you understand and accept that evidence of a signature by such recipient (or at that delivery address) is evidence of delivery and fulfilment of the sales contract and transfer of responsibility to the recipient in the same way as if the product had been delivered to you. We reserve the right to deliver products only to the person who is the intended recipient of the order as stated on the label of the parcel and to request ID check for verification purposes at the time of delivery.

15.Invoices

When ordering products, you will receive an invoice that will be sent to you in writing (to your e-mail address as a PDF attachment or otherwise).

16.Returns and Exchanges

With the exception of personalized products, we allow you or the Gift Recipient (as defined below) to return the products purchased through the Sales Channels within five (5) days following delivery, but subject to the further terms and conditions set forth below.

a.Return Process

You must follow the steps mentioned below to return a product:

(i)Contact us via email, providing the required information (this includes entering your email address, order number, product to return and return reason);

(ii)Returns can only be processed within the country of purchase. We will email-reply you, then, you need confirm your method of return (by mail at a FedEx location or UPS location);

(iii)Please seal the return package using the security tape provided in your original shipment. You must include in the return package, the product, all its accessories, any free items you received as part of your order, and all other documents, in their original box; and

(iv)Depending on the return method selected, bring the sealed return package to a FedEx/UPS location.

(v)In the event of return by mail, you must keep a proof of return shipment, and we accept no liability in the event that such proof cannot be produced. Only merchandise received by us will be eligible for a refund or exchange.

b.Condition of Returned Products

We will verify that the returned product satisfies these Conditions of Sale and, if so, then proceed with the applicable refund or exchange.

Only non-personalized products in a new and unused state, in perfect condition, with all protective materials in place and tags and stickers attached to them (if applicable), as well as with the original Capricorn’s box and delivery package, including all accessories and documents are eligible for return.

For example, bracelets must be returned with the exact links as in the original delivery package. We reserve our right not to accept any return if the product shows signs of wear or has been used or altered from its original condition in any way or, as an alternative, may reduce the amount of any applicable refund or exchange accordingly. If you have received free items as part of your order, they must be returned with the products.

All returns will be subject to strict Quality Control (“QC”) by us to ensure that the returned products satisfy these requirements. If the products do not meet QC standards, we will refuse the return, and the products will be returned to you.

Failure to comply with these Conditions of Sale will entitle us to refuse the returned product and send it back to you, at your own cost.

c.Products You Cannot Return or Exchange

Orders for products that have been personalized or otherwise made for you with bespoke specifications cannot be canceled and such products cannot be returned for exchange or refund. This includes, without limitation, custom orders, special orders, and products that have been engraved or altered from its original condition (resized, modified).

Products purchased outside of the continental U.S., Alaska, or Hawaii cannot be returned or exchanged.

d.Refunds

You may return a product purchased through the Sales Channels for refund, provided that the return complies with these Conditions of Sale. Personalized products or similar special-order products are strictly non-refundable. Products purchased outside of the continental U.S., Alaska, or Hawaii cannot be returned or exchanged online or in retail boutiques in the continental U.S., Alaska, or Hawaii.

Only the buyer will be entitled to receive a refund of the purchase price. In no event will a person who has received the product as a gift (i.e. a “Gift Recipient”) be entitled to receive a refund. If you are a Gift Recipient and wish to return a product, please contact us to discuss your options.

If the return complies with these Conditions of Sale, we will use commercially reasonable endeavors to refund the purchase price to the buyer using the same means of payment as used by the buyer for the initial transaction within thirty (30) days after receipt of the returned item.

17.Manufacturer’s Guarantee and Your Legal Consumer Rights

We are committed to ensuring that each product strictly complies with our quality criteria and that it has passed all our controls, both technical and aesthetic.

In your capacity as consumer, you may have legal rights under the applicable law governing the sale of consumer goods; those legal rights are not affected by these Conditions of Sale.

18.Repairs

For any repair inquiries relating to a product ordered through the Sales Channels, please contact us for further..

19.Complimentary Services

The following complimentary services will be proposed, free of charge, by the Sales Channels:

a.Gift Wrap and Packaging

All orders will be shipped with the box gift wrapped in special packaging. You may also add a personalized note that will be printed on a gift card to be included in your order package. We reserve the right to reject gift card notes it deems offensive or inappropriate.

b. Engravings

Engraving may be available on specific products. Please contact us to see if engraving is available for the product. Orders for personalized products are final, and cannot be canceled or returned.

20.Product Descriptions

We try to ensure that the product information, including descriptions, dimensions, and colors, provided is accurate and complete. However, we make no guarantees, whether expressed or implied, in relation to the accuracy, reliability and completeness of such information. In particular and where applicable, any description and information concerning the weight of precious materials and the number of stones and carats are provided as an indication only and may vary slightly.

21.Limitation of Liability

To the fullest extent permitted by applicable law, we disclaim and exclude all other terms, conditions and warranties in relation to the products and Sales Channels whether expressed or implied by statute or otherwise or arising from any previous course of dealing or usage or trade practice.

Nothing in these Conditions of Sale limits or excludes our liability for any liability which cannot be limited or excluded by applicable law. Subject to the preceding sentence, our aggregate liability to you under these Conditions of Sale for any order whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages, shall in no event exceed the one hundred percent (100%) of the price paid for the product(s) in your order.

Please note that in some jurisdictions, including the State of New Jersey, USA, consumer protection laws do not allow certain exclusions or limitation of warranties or liabilities, and consequently some of the above exclusions and limitations do not apply.

22.General Provisions

If any provision, or part of a provision, of these Conditions of Sale is deemed to be illegal, invalid or unenforceable, the remainder of the provisions of these Conditions of Sale shall be unaffected and shall continue to be fully valid, binding and enforceable.

These Conditions of Sale (and associated terms incorporated by reference) constitute the entire agreement between you and us in relation to the order of products or services, and replace and extinguish all prior agreements, draft agreements, arrangements, undertakings, or collateral contracts of any nature made by the parties, whether oral or written, in relation to such subject matter.

We are not responsible for any failure or delay in performing or complying with our obligations under these Conditions of Sale which arises from any cause beyond our reasonable control.

The waiver by us of a breach of any provision of these Conditions of Sale will not operate to be interpreted as a waiver of any other or subsequent breach.

This contract is between us and you. No other person shall have any rights to enforce any of its terms.

23.Governing Law; Agreement to Arbitration of Claims

Arbitration Required, Except for Small Claims. Any dispute, controversy or claim arising out of or related to the Conditions of Sale, including the validity, invalidity, breach or termination of the Conditions of Sale, or to any product purchased from Maison through the Sales Channels, and any communications to or between us (a “Dispute”), will be resolved by binding arbitration, rather than in court, except that a consumer or Capricorn USA may assert claims in small claims court if such claims qualify.

Informal Dispute Resolution. Before bringing any dispute in arbitration, you and Capricorn USA agree that you will first notify the other party and make reasonable efforts for a period of ninety-five (95) days to resolve any Dispute. This requirement is a pre-condition, and no claim shall be filed in arbitration (or small claims court) until this provision is first met.

Jury Trial and Class Action Waiver. You understand and agree that you are waiving your right to sue or go to court to defend your rights, including to a trial by jury, under these Conditions of Sale. IN ADDITION, YOU AND CAPRICORN USA UNDERSTAND AND AGREE THAT THE PARTIES WILL PURSUE ANY DISPUTE ON AN INDIVIDUAL BASIS. THE ARBITRATOR IS EMPOWERED TO RESOLVE THE DISPUTE WITH THE SAME REMEDIES AVAILABLE IN COURT, INCLUDING PUBLIC INJUNCTIVE RELIEF IF YOU ARE LOCATED IN CALIFORNIA.. YOU AND MAISON AGREE THAT EACH MAY NOT BRING A CLAIM AGAINST THE OTHER AS PART OF ANY CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING.

How Arbitration Works. In order to file a complaint for arbitration after you and we have failed to resolve a Dispute through the informal process described above, you can go to the American Arbitration Association’s website at https://www.adr.org/Support. You or we must include documents sufficient to demonstrate that we followed the information resolution process with the filing of any arbitration complaint. At your election, the arbitration will be conducted through video conference, on the papers, or in the state and county where you reside (as determined by your address on file with Capricorn USA) or as otherwise agreed between the parties by the American Arbitration Association (“AAA”) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes, also available from AAA.

Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.

These Conditions of Sale shall be governed by and construed in accordance with the Federal Arbitration Act and, where applicable, the laws of the State of Delaware, USA, without reference to conflict of laws provisions.