Terms of Service

ecolson.com (the “Website”) is a website operated by ECOLSON LLC, 11, Davenport Street, NY 14843, USA (“we”, “us”, “our”, “ECOLSON”. “ECOLSON™”, “ECOLSON LLC”).

We provide services to you subject to the notices, terms, and conditions set forth in this agreement. Besides, you will obey the rules, guidelines, policies, terms, and conditions applicable to such services before you use them. We reserve the right to change this site and these terms and conditions at any time.

Before proceeding, please read this agreement because accessing, browsing, or otherwise using the Site indicates your agreement to all the terms and conditions in this agreement.

 

Effective Date and Notice

We may change these Terms and Conditions at any time by updating this page. You should check this page from time to time to review these terms and ensure you are satisfied with and willing to accept any changes.

Using or accessing this Website and purchasing Products indicates your acceptance of these Terms and Conditions. If you do not accept these Terms and Conditions, please do not continue to use this Website or purchase ECOLSON™ Products.

 

Your Use of the Website

We have made the Website available to you for your own personal non-commercial use. We reserve the right to modify, withdraw, or deny access to this Website at any time. We may withdraw or deny access to users of the Website at any time should they breach any of the terms contained in these Terms and Conditions. If you choose or are provided with a user identification code, password, or any other piece of information as part of our security procedures, you must keep this safe and treat such information as confidential, and you must not disclose it to any third party. We do not guarantee that the Website will be compatible with all or any hardware and software and reserve the right to withdraw or modify the Website at any time. We are only liable to you for losses you suffer as a result of a breach of these Terms of Use by us. We are not responsible to you for any losses you may incur that are not a foreseeable consequence of us breaching these Terms of Use. Our liability to you shall not in any circumstance include any business losses you may incur, including but not limited to lost data or profits, or business interruption.

You shall not upload, distribute, or otherwise publish through this Site any Content, information, or other material that (a) includes any bugs, viruses, worms, trap doors, Trojan horses, or other harmful code or properties; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, discriminatory, or could give rise to any civil or criminal liability under the laws of the U.S. or the laws of any other country that may apply; or (c)violates or infringes upon the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person.  ecolson.com may give you an account identification and password to enable you to access and use certain portions of this Site. Each time you use a password or identification, you are deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this agreement, and  ecolson.com has no obligation to investigate the source of any such access or use of the Site.

By accepting these Terms of Use through your use of the Site, you certify that you are 18 years of age or older. If you are under 18 years old please use this Site only under the supervision of a parent or legal guardian. Subject to the terms and conditions of this agreement, hereby grants you a limited, revocable, non-transferable, and non-exclusive license to access and use the Site by displaying it on your Internet browser only for the purpose of shopping and not for any commercial use or use on behalf of any third party, except as explicitly permitted by  ecolson.com in advance. Any violation of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.

Unless explicitly permitted by our company in advance, all materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business. We reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if we believe that customer conduct violates applicable laws or is harmful to our interests. You may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile, or otherwise exploit this Site or any portion of it unless expressly permitted by our company in writing.

You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to you whether or not such access to and use of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify  ecolson.com of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security.

 

Our intellectual property rights

Any and all of the intellectual property rights including but not limited to trademarks, service marks, trade names, copyright, and other rights used or embodied within the Website that are and will remain the sole property of ECOLSON LLC. Furthermore, you warrant that you will not, nor shall you attempt to, tamper with, modify, reverse engineer, gain unauthorized access to, or in any way alter any of our software or the Website itself.

The Website and any content, information, services, designs, names, logos, text, photographs, video, audio, audiovisual works, graphics, and user interfaces provided through the Website (collectively, the “Content”) are intended solely for customers of ECOLSON™’s personal and non-commercial use. You warrant you will not, and are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the Website or the Content without, or in violation of , a written license or agreement with ECOLSON™; (b) manipulating or otherwise displaying the Website or the Content by using framing or similar navigational technology; (c) copying, storing, editing, changing, preparing any derivative work of or altering in any way any of the Content provided on the Website; and (d) using the Website or the Content for any purpose other than for its intended purpose, as determined solely in ECOLSON™’s discretion. For greater certainty, any reproduction, distribution, transmission, display or broadcast of the Content requires the prior written consent of ECOLSON™.

By using the Website, you hereby accept that ECOLSON LLC. reserves the right to take legal action against you if you breach, or we reasonably believe that you may have breached, this warranty.

 

Resale Prohibition

You warrant you will not, and are specifically prohibited from, reselling, offering to sell, leasing, licensing, distributing, wholesaling, or otherwise making available (collectively, “Make Available” or “Making Available”), in whole or in part, any and all products, designs, goods, services, artwork, masterpiece, jewelry, or items (collectively, the “Product”) that have been purchased, obtained or derived from ECOLSON™ (the “Resale Prohibition”). The Resale Prohibition includes prohibiting the Making Available of Product by individuals, brokers, merchants, retailers, exporters, or any other person (collectively, the “Reseller”). The Resale Prohibition does not apply to a Reseller who has prior written authorization of ECOLSON™ to Make Available the Product, provided that such prior authorization is expressly provided by a written license or agreement with ECOLSON™.

 

Information on the Website

The information on the Website is for general informational purposes.

Please note that some ECOLSON™ Products may appear slightly larger or smaller than actual size due to screen defaults and photography techniques. Other Products may be represented at a larger size than actual size in order to clearly show details, or smaller than actual size in order to show the entire item.

As each ECOLSON™ Product is unique, you accept and agree that there may be a weight fluctuation of up to 1 grams from the advertised weight. The weight of each item will be included on its Certificate of Authenticity and ECOLSON™ for sales and exchanges.

Individual sale and exchange values will be based on the weight included on each item’s Certificate of Authenticity.

 

Linking

We may link to other websites that are not within our control. When we do this, we will try and make it as clear as possible that you are leaving our Website. We are not responsible for these websites in any way. It is your responsibility to check the terms and conditions and privacy policy of any other website you visit.

 

Governing Law and Jurisdiction

The formation, existence, construction, performance, validity, and all aspects of these Terms of Use or of any term of these Terms of Use will be governed by the law of the state of New York, United States.

The New York courts will have non-exclusive jurisdiction to settle any disputes that may arise from or in connection with these Terms of Use or use of the Website.

Nothing in these Terms of Use affects the statutory or consumer rights in your country of residence in any way.

 

TERMS OF PURCHASE

Please read these Terms and Conditions carefully along with our Privacy Policy and Website Terms. These of Purchase govern the relationship between you and ECOLSON™ as it relates to the purchase of ECOLSON™ Products from the Website.

If you have any questions about these terms or do not wish to accept them, please contact our Customer Care department at contact@ecolson.com before using this Website or purchasing Products.

 

Effective Date and Notice

ECOLSON™ may change these Terms of Purchase at any time by updating this page. You should check this page from time to time to review these terms and ensure you are satisfied with and willing to accept any changes before you purchase a new ECOLSON™ Product.

Purchasing ECOLSON™ Products indicates your acceptance of these Terms of Purchase. If you do not accept these Terms of Purchase, please do not purchase ECOLSON™ Products.

 

Information about ECOLSON™

ECOLSON™ crafts 14 karat gold investment jewelry that is transparently sold by gram weight and fine art estimate. By combining innovative technology, radical transparency, and timeless design, ECOLSON™ restores the ancient tradition of jewelry as a store of enduring value.

You may contact our Customer Care department at contact@ecolson.com.

Our registered address is 11, Davenport Street, Hornell, NY14843, USA.

 

Who Can Purchase from ECOLSON™

You must be over 18 to purchase Products from the Website.

We can ship to the following countries: Argentina, Aruba, Australia, Bahamas, Bahrain, Barbados, Belgium, Bermuda, British Virgin Islands, Brunei, Canada, Cayman Islands, Chile, Costa Rica, Curacao, Denmark, Dominica, Egypt, Estonia, Finland, France, French Polynesia, Germany, Gibraltar, Greece, Grenada, Guam, Hong Kong, Hungary, Republic of Ireland, Italy, Japan, Jordan, South Korea, Lebanon, Liechtenstein, Macau, Malaysia, Maldives, Malta, Martinique, Mauritius, Mexico, Monaco, Morocco, Netherlands, New Zealand, Norway, Philippines, Poland, , Puerto Rico, Qatar, Romania, Singapore, Slovenia, South Africa, Sri Lanka, St. Maarten, St. Vincent, St. Barthelemy, St. Martin, Sweden, Switzerland, Taiwan, Thailand, Trinidad & Tobago, Turks & Caicos, UAE, Vatican City, United Kingdom, U.S., U.S. Virgin Islands, and Vietnam.

If you are not resident in one of the countries listed above, or would like to ship to a country other than those listed above, please call our Customer Care Department at contact@ecolson.com.

 

Formation of the Contractual Relationship

The contract is formed in the following way:

Once you have selected the Product or Products that you wish to purchase, select “Add to Cart” to add the Product to your shopping cart.

If this is your first purchase, you will be prompted to create an account. If you already have an account, you will be prompted to log in.

Upon creation or signing in to your account, you may check your basket and ensure that delivery details and shipping method are correct. We take no liability for incorrect shipping details being provided to us. It is your responsibility to ensure that all details are accurate.

By completing a purchase within your account, you accept our Terms of Purchase.

Upon receiving your order, we will send a confirmation email. This does not mean that your order has been accepted; your order constitutes an offer by you to buy the Product(s).

All orders are subject to acceptance by ECOLSON™. We are not obliged to accept your order and may, at our discretion, decline to accept your order. You acknowledge, however, that you enter an obligation to pay for your product in the event that the order is accepted for fulfillment by ECOLSON™.

We will check that we can fulfil your order before acceptance. Upon confirmation, we will process the payment details you have given to us to take payment for your order. At this point the contract is formed and we will be under a legal duty to supply you with the Products that conform to the obligation under the contract. Should a violation of our ECOLSON™ policy be discovered after payment is taken, we reserve the right to cancel and refund the order.

We will check that we can fulfil your order before acceptance. Upon confirmation, we will process the payment details you have given to us to take payment for your order. At this point the contract is formed and we will be under a legal duty to supply you with the Products that conform to the obligation under the contract. Should a violation of our ECOLSON™ policy be discovered after payment is taken, we reserve the right to cancel and refund the order. A restocking fee of 10% will be applied for any orders cancelled after payment is taken.

A 10% restocking fee will be deducted for orders that are cancelled more than 24 hours after being placed. Orders returned after 3 failed delivery attempts will be reshipped upon customer confirmation. After 14 days of no customer confirmation, these orders will be cancelled and a 10% restocking fee deducted.

 

Pricing

ECOLSON™ Products are priced according to the gram weight of individual pieces and to its fine art value estimate. Prices may fluctuate based on gold spot price.

As each ECOLSON™ Product is unique, you accept and agree that there may be a weight fluctuation of up to 1 gram from the advertised weight/price. The weight of each item will be included on its Certificate of Authenticity and ECOLSON™ for sales and exchanges.

Individual sale and exchange values will be based on the weight included on each item’s Certificate of Authenticity.

ECOLSON™ does not provide price adjustments as a result of promotional discounts or metal value changes.

All payments must be made prior to the dispatch of the Product(s) to you. Payment for all Product(s) must be by credit or debit card, Paypal, bank wire, or cryptocurrency. We accept card payment with Visa, Mastercard, and American Express. If we are unable to accept your Order for any reason we will, at our option, either reject your debit or credit card or refund any money paid by you for that Order. We will not dispatch the Product(s) until we receive payment in full. Please note it is possible that your card issuer may charge you an online handling or processing fee for which we are not responsible.

For payment by card, all credit and debit cardholders may be subject to authorization and authentication. If the issuer of your payment card or our service provider refuses to, or does not for any reason authorize or validate the payment, we will not be liable in these circumstances for any delay or non-delivery in respect of the Product(s) which you have ordered.

By providing the relevant information to us, you specifically authorize us to transmit or obtain information about you from third parties from time to time, including but not limited to your name, address, telephone number, debit or credit card details, or credit reports to authenticate your identity and delivery address for the Product(s), validate your payment card, and obtain authorizations for your payments for Product(s).

 

Shipping

ECOLSON™ products are shipped with signature requirement to residential or business addresses only. Shipping to post office boxes, post offices, mail forwarding companies, military bases, and hotels is prohibited.

If you are not able to receive your order on the first delivery attempt, additional attempts will be made. We are not able to hold your order at a UPS or FedEx depot for customer pickup, or redirect your order to another shipping address while in transit.

Requests for hold for customer pickup will result in your order being returned to us.

A signature of yourself or a person at your residential address, or present at your work address, is required for your order to be delivered.

 

Delivery, Title, and Risk

We aim to deliver Product(s) to you within the disclosed timeframe in accordance with the contract between us, though we cannot confirm the date of delivery at the time orders are placed.

We shall not be liable for any locally imposed goods and services taxes, value added taxes, import duties, or other levies imposed by or at the country of delivery. You shall remain solely responsible for any fees, taxes, or charges associated with delivery of the Product(s) to you over and above the insured shipping service provided by ECOLSON™ on all orders without charge to you.

Ownership and risk of the Product(s) will pass to you on delivery.

Subject to any specific warranties we offer in relation to particular Product(s), or those which are implied by law, we do not offer any warranty or guarantee on our Product(s).

You should inspect the Product(s) when you receive them for defects or damage. If you find a defect or damage you must tell us as soon as possible and we will arrange for their return to our Customer Care Centre at no cost to you.

Nothing in this section affects your legal rights.

 

Product Information

Please note that some ECOLSON™ Products may appear slightly larger or smaller than actual size due to screen defaults and photography techniques. Other Products may be represented at a larger size than actual size in order to clearly show details, or smaller than actual size in order to show the entire item.

 

ECOLSON™ Lifetime Guarantee

All ECOLSON™ Products come with a certified lifetime guarantee, which enables you to exchange or sell your ECOLSON™ jewelry at any time for its gold content value less a 10% fee (“Lifetime Guarantee”).

 

US and Canada

A buyback must be requested via your ECOLSON™ account. Once you return your item, your ECOLSON™ account or refund method will be credited within seven (7) business days of assessment by ECOLSON™.

For buyback requests outside of US and Canada, please contact our Customer Care team for further instructions: contact@mene.com.

You may retain the value as a credit to use on the Website (“ECOLSON™ Credit”) or deposit the amount to your PayPal account. *PayPal not available for items paid by cryptocurrency.

Every ECOLSON™ Product is shipped with a corresponding Certificate of Authenticity. This Certificate of Authenticity guarantees that you have purchased an original pure 14 karat ECOLSON™ creation and must accompany your item should you decide to take advantage of the Lifetime Guarantee.

If you return an item to ECOLSON™ without its Certificate of Authenticity, you agree that you will incur an additional 5% assaying fee, which shall be deducted from the value of the piece you return to ECOLSON™ for sale or exchange.

Products ordered with the Affirm payment method must be paid in full in order to be eligible for the ECOLSON™ Lifetime Guarantee and to exchange or sell the item.

 

Returns

If you are not completely satisfied with your order and wish to return or exchange it, please initiate a return within 7 days of receipt of your order.

Navigate to My Collection in your ECOLSON™ account, locate your item, and click ‘Return’, then select ‘ECOLSON™ Credit’ (merchandise credit) or ‘Original Payment Method’ (full refund). Returns for a full refund are subject to a 10% restocking fee off of the total price paid for each item.

ECOLSON™ Credit used in the original order will be reissued in full. Shipping costs paid towards the original order will not be refunded. Items paid for by bank deposit or cryptocurrency are refunded by ECOLSON™ Credit only.

After 7 days of receipt of your order, items will not be accepted for a full refund or merchandise credit. They may be sold back or exchanged for their metal value less a buyback fee of 10%.

Your return must be received by FedEx within 7 days of receipt of the return shipping label. After 7 days, it will be considered a Buyback (non-refundable ECOLSON™ fee and 10% buyback fee).

Please see more information about our buy back policy in our FAQ under ‘What is the ECOLSON™ Lifetime Guarantee ?

 

Redemption and the Chain of Integrity

ECOLSON™ reserves the right to refuse receipt of any returned piece which is not an ECOLSON™ Product.

By returning a piece to ECOLSON™, you accept that you shall be liable for all or any fees applied in relation to the same.

 

ECOLSON™ Account, Discount, and Credit Policies

Please refer to the terms of our ECOLSON™ Account, Discount and Credit Policy, to ensure that your order can be processed efficiently:

 

ECOLSON™ Account

Each ECOLSON™ customer may sign up for one (1) account only. Should a duplicate ECOLSON™ account be found, any order placed with any of the accounts will be cancelled immediately and ECOLSON™ Credit and/or discounts used in the order will be deemed invalid.

 

General terms

Entire Agreement: These Terms, the Terms of Use, and Privacy Policy shall constitute the entire agreement between the parties. In the event any provision (or part of any provision) of these terms shall for any reason be held by a court or any other competent authority to be invalid, illegal, or unenforceable, that provision, to the extent required, shall be deemed deleted and the remaining provisions shall remain valid and enforceable.

Notices: All notices given by you to us must be given in writing to the postal or email address set out at the beginning of these Terms. We may give you notice at either the email or postal address you provide to us when placing an Order.

Force majeure: Neither party shall be in breach of these Terms nor liable for delay in performing, or failure to perform, any of its obligations under this Agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control. In such circumstances, the affected party shall be entitled to a reasonable extension of the time for performing such obligations.

Market disruption: In the case of market distortion, volatile markets, systems (including third party systems upon which ECOLSON™ is reliant) being hacked, and market disruption, ECOLSON™ reserves the right to adjust an order if the metal and currency quotes received from ECOLSON™’s data source, when the order was placed, is found to be incorrect. ECOLSON™ will contact you if an order needs to be adjusted due to incorrect market data, and you may cancel the order if you do not want to trade on the corrected market rate.

Law and forum: These terms will be governed by and interpreted in accordance with the laws of New York. Except as otherwise agreed by the parties, you agree to irrevocably submit to the nonexclusive jurisdiction of the courts of New York state for the purpose of any suit, action or other proceeding arising out of these terms or your use of the ECOLSON™ Website.

Language: The parties to this Agreement agree that this Agreement and any related document be written in English. Notwithstanding any other provision of these terms, any translation of these terms is provided for your convenience only. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.

Rights of third parties: A person who is not a party to this Agreement shall not have any rights under or in connection with it.

No Waiver: Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

 

Other legal provisions

This website contains certain forward-looking statements that are subject to various risks and uncertainties. Forward-looking statements are generally identifiable by use of forward-looking terminology such as “may,” “will,” “should,” “potential,” “intend,” “expect,” “outlook,” “seek,” “anticipate,” “estimate,” “approximately,” “believe,” “could,” “project,” “predict,” or other similar words or expressions. Forward-looking statements are based on certain assumptions, discuss future expectations, describe future plans and strategies, or state other forward-looking information. Our ability to predict future events, actions, plans or strategies is inherently uncertain and actual outcomes could differ materially from those set forth or anticipated in our forward-looking statements. You are cautioned not to place undue reliance on any of these forward-looking statements. We are “testing the waters” under Regulation A under the Securities Act of 1933.

The information contained on the ECOLSON LLC website has been prepared by ECOLSON LLC without reference to any particular user’s investment requirements or financial situation. Potential investors are encouraged to consult with professional tax, legal, and financial advisors before making any investment into a ECOLSON LLC offering. All investments involve risk, including the risk of the loss of all of your invested capital. Please consider carefully the investment objectives, risks, transaction costs, and other expenses related to an investment prior to deciding to invest.

Diversification and asset allocation do not ensure profit or guarantee against loss. Investment decisions should be based on an individual’s own goals, time horizon, and tolerance for risk. By using this website, you accept the ECOLSON LLC Terms of Use and Privacy Policy. For additional information you are encouraged to review Important Disclosures.

ECOLSON LLC is not registered, licensed, or supervised as a broker dealer or investment adviser by the SEC, the Financial Industry Regulatory Authority (FINRA), or any other financial regulatory authority or licensed to provide any financial advice or services. The information contained herein neither constitutes an offer for nor a solicitation of interest in any specific securities offering. For any proposed offering pursuant to an offering statement that has not yet been qualified by the SEC, no money or other consideration is being solicited, and if sent in response, will not be accepted. No offer to buy the securities can be accepted and no part of the purchase price can be received until the offering statement for such offering has been qualified by the SEC any such offer may be withdrawn or revoked, without obligation or commitment of any kind, at any time before notice of acceptance given after the date of qualification. An indication of interest involves no obligation or commitment of any kind. Offering circulars for ECOLSON LLC offerings are available here.

ECOLSON LLC is located at 11 Davenport Street, Hornell, NY 14843. © 2021 ECOLSON, LLC. All rights reserved

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