Terms & Conditions
Effective December 8, 2023, these Terms and Conditions apply to all of our sites. By using the Nick Engel & Co. site (the "Site"), you acknowledge that you have read, understand, and consent to the following Terms and Conditions of Use and our Privacy Policy. These terms incorporate any updates posted on the Site. If you disagree with these agreements and policies, please refrain from using any Nick Engel & Co. services or applications, including but not limited to the Site. Nick Engel & Co. reserves the right to amend these Terms and Conditions at its discretion by updating this page. The revised terms take effect on the date of posting. Your continued use of the Nick Engel & Co. Site implies your agreement to abide by these Terms and Conditions. Kindly review these terms regularly.
Online Purchases
You are responsible for reading the complete listing before making a commitment to buy jewelry. When placing an order online, you are entering into a contract with Nick Engel & Co. and therefore agree to our 14 day return policy.
If you purchase an item online and are not satisfied with your purchase, you can return it within 14 days for a store credit, exchange, or refund, with the following conditions and exceptions:
- ltems must be in their original, unworn condition.
- Resized items, custom projects, special orders, or items purchased at trunk shows are final sale and not returnable.
- All international orders are final sale.
- All shipping and handling fees are non-refundable.
- Items that have been marked down are final sale.
- Items that have been exchanged or items purchased with store credit are final sale.
Exchanges on orders may result in additional taxes and/or a balance due. If you would like to request a return or exchange for an online purchase, please send an email to info@nickengel.com or call/text us at (415) 342-8543 within 14 days of receiving your order. We will guide you through the return process. If you have any questions or concerns, please feel free to contact us.
In-Store Purchases
All purchases made at our brick-and-mortar shop can be returned for exchange or store credit only. We do not offer refunds for items purchased in store. The following conditions and exceptions apply:
- All returns must be accompanied by a receipt within 14 days of the purchase.
- Items must be in their original, unworn condition.
- Resized items, custom projects, special orders, and items purchased at trunk shows are final sale and not returnable.
- Items that have been marked down are final sale.
- Items that have been exchanged or items purchased with store credit are final sale.
- Exchanges on orders may result in additional taxes and/or a balance due.
Custom Jewelry
By using our Custom Jewelry Services in-store or online, You agree to be bound by our Custom Jewelry Agreement contract, terms #1-12 as follows:
1. Scope of Work
The Jeweler agrees to create custom jewelry based on the Client’s specific requirements, including agreed-upon design, materials, and specifications. All items are crafted uniquely and specifically for the Client.
2. Deposit and Payment Terms
a. Non-Refundable Deposit: To begin the custom process, the Client agrees to pay a non-refundable deposit. This deposit covers design work, materials, and labor costs and is non-refundable under any circumstances.
b. Final Payment: The remaining balance is due upon completion of the piece and must be paid in full before the item is delivered or picked up.
3. Design and Modification
a. Design Changes: The Client may request up to three rounds of design modifications, included at no additional cost, prior to the piece entering the metal stage.
b. Additional Changes: Any additional design changes beyond the three included rounds will be charged at $200 per hour, billed in 15-minute increments. Design adjustments cannot be made once the piece has entered the metal stage.
4. Non-Refundable Policy
a. Custom Work: Due to the nature of custom work, all sales are final. This includes costs associated with metal, labor and any stones provided. No refunds will be given for completed custom jewelry.
5. Sizing
a. One Free Sizing: The Client is entitled to one free resizing of the piece, up or down, by one size within 60 days of completion. Any additional sizing requests, or resizing beyond one size, will incur an additional charge.
6. Timeline
a. Our standard production schedule is 12 weeks, following the date from which this agreement is signed by the Client. This includes 3 rounds of design modifications and final production of the custom jewelry into metal which generally takes 30 days.
7. Rush Fees
a. Rush Fee Policy: Custom orders requiring expedited completion within a timeframe shorter than the standard production schedule will incur a rush fee of 25% of the total order value.
b. Payment of Rush Fees: Rush fees will be included in the final invoice and must be paid along with the remaining balance prior to delivery or pickup.
8. Delivery and Pickup
Upon completion, the Client will be notified for delivery or pickup. The final payment must be made before client receives the piece.
9. Warranty and Liability
a. Craftsmanship Warranty: The Jeweler warrants craftsmanship for a period of 365 days from the date of delivery or pickup, excluding damage due to wear, misuse, or unauthorized alterations.
b. Limitation of Liability: The Jeweler is not liable for loss, theft, or damage once the item is in the Client’s possession. The Jeweler’s total liability for any claims is limited to the amount paid by the Client for the project.
10. Governing Law
This Agreement shall be governed by the laws of the State of California.
11. Preventative Maintenance
The Client is encouraged to bring their custom piece into our store annually for complimentary preventative maintenance, provided as part of the Jeweler’s custom service. This yearly check helps ensure the ongoing integrity and longevity of the piece. Preventative maintenance includes, but is not limited to cleaning, checking for loose stones, and identifying potential wear issues. If any issues are identified, the Client will be notified if additional charges may apply should Client choose to proceed with the necessary repairs.
12. Abandonment of Project
If the Client fails to respond to communications, provide necessary approvals, make payments, or otherwise engage in the project for a period of sixty (60) consecutive days, the project will be deemed abandoned. In such cases, the Jeweler will provide written notice to the Client via email and/or certified mail. If no response is received within thirty (30) days of such notice, the project will be considered permanently abandoned. The Jeweler will retain all deposits and payments made, and any designs, materials, or partially completed work will remain the sole property of the Jeweler. The Client waives any right to claim refund or ownership of work or materials once a project has been deemed abandoned under this clause.
For assistance with the Site, contact Customer Service via email at info@nickengel.com. Please be aware that this agreement includes a binding individual arbitration provision affecting your right to sue under these terms.
Site Contents: Unless otherwise stated, the design, entirety, and all materials on the Site ("Contents") are copyrights, trademarks, trade dress, or other intellectual properties owned, controlled, or licensed by Nick Engel & Co. or its affiliates.
Comments, Feedback, and Other Submissions: We appreciate your comments and feedback on our Site, products, and services. However, we do not accept confidential or proprietary information. Any comments, feedback, ideas, suggestions, or other submissions disclosed or offered to Nick Engel & Co. become our property. Your submissions must not violate third-party rights and should not contain any unlawful material.
The Contents are meant for personal, noncommercial use. Unauthorized use of Contents is expressly prohibited by law.
Links to Other Websites and Services: The Site may contain links to third-party sites ("Linked Sites") for your convenience. Inclusion of Linked Sites does not imply endorsement by Nick Engel & Co. Linked Sites are accessed at your own risk, and are leaving the Nick Engel & Co. Site. Nick Engel & Co. is not responsible for the content of any Linked Site.
Merchandise Availability: Availability of merchandise on our website is not guaranteed, and stock may be limited. If an item is unavailable when your order processes, we'll notify you by email. You can verify availability by contacting Customer Service. You'll receive a shipping confirmation email once items have shipped.
Product Information: Products displayed on the Site may be available in other stores in the United States. Prices are quoted in U.S. dollars unless indicated otherwise. While efforts are made to display accurate colors, actual colors depend on your monitor.
Disclaimer, Limitation of Liability, and Indemnity: The Site, all Contents, and products/services are provided on an 'as-is' basis. Nick Engel & Co. disclaims all warranties, and your use of this Site is at your own risk. Neither Nick Engel & Co. nor its affiliates shall be liable for any loss, damage, injury, claim, or liability arising from your use of this Site.
Indemnification: You agree to indemnify and hold Nick Engel & Co., its affiliates, and representatives harmless from any third-party claims, demands, liabilities, costs, or expenses resulting from your breach of these Terms and Conditions.
Terms and Conditions, Notices, Revisions, Arbitration: Your visit to Nick Engel & Co. and any dispute over the terms and conditions or product purchases are subject to these Terms and Conditions and our Privacy Policy. We reserve the right to change these terms at any time. Any disputes will be resolved through individual arbitration.
Non-Waiver: Nick Engel & Co.'s failure to enforce any terms or conditions does not waive those conditions. Waivers must be in writing and signed by Nick Engel & Co.
Force Majeure: Nick Engel & Co. is not in breach of these Terms and Conditions for events beyond our reasonable control.
Copyright Infringement: To report copyright infringement, contact us at info@nickengel.com with the required information.