Terms and conditions

1. Introduction

Welcome to APNY Design (“APNY Design,” “we,” “us,” or “our”). These Terms and Conditions (“Terms”) govern your access to and use of our website, including any content, functionality, and services offered on or through apnydesign.com (the “Site”), whether as a guest or a registered user.

By accessing or using the Site, placing an order, or creating an account, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use the Site.

2. Eligibility

By using this Site, you represent that you are at least 18 years old, or that you are accessing the Site under the supervision of a parent or legal guardian. If you are using the Site on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.

3. Products and Pricing

  • All products displayed on the Site, including jewelry made with sterling silver and semi-precious stones, are subject to availability.
  • We reserve the right to limit quantities, discontinue products, or modify product descriptions and specifications at any time without prior notice.
  • Because many of our pieces are handcrafted, slight variations in color, size, and texture between the product photos and the item you receive may occur. These variations are a natural characteristic of handmade jewelry and are not considered defects.
  • All prices are listed in U.S. Dollars (USD) and do not include applicable sales tax, which will be calculated and added at checkout based on the shipping destination.
  • We reserve the right to correct any pricing errors, even after an order has been placed, and to cancel any order affected by a pricing error, with a full refund issued to the original payment method.

4. Orders and Payment

  • By placing an order, you are making an offer to purchase the selected product(s) subject to these Terms.
  • We reserve the right to accept or decline any order, in whole or in part, for any reason, including suspected fraud, unauthorized or illegal activity, or product unavailability.
  • Payment must be made in full at the time of purchase through the payment methods available on the Site. You represent that any payment information you provide is accurate and that you are authorized to use the payment method submitted.
  • An order confirmation email does not constitute acceptance of your order; it is an acknowledgment that we have received it.

5. Shipping

  • We currently ship to addresses within the United States. Shipping times and rates will be provided at checkout and are estimates only; we are not responsible for delays caused by shipping carriers or events beyond our reasonable control.
  • Risk of loss and title for products pass to you upon our delivery to the shipping carrier.
  • It is your responsibility to provide a complete and accurate shipping address. We are not responsible for orders shipped to an incorrect address provided by the customer.

6. Returns and Refunds

Our return and refund process is governed by our separate Return Policy, available at [link to Return Policy page], which is incorporated into these Terms by reference. Please review it before making a purchase.

7. Intellectual Property

All content on the Site, including text, graphics, logos, product photographs, and designs, is the property of APNY Design or its licensors and is protected by U.S. and international copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any content on the Site without our prior written consent.

8. User Conduct

When using the Site, you agree not to:

  • Violate any applicable federal, state, or local law or regulation.
  • Use the Site to transmit any harmful, fraudulent, or unlawful content.
  • Attempt to gain unauthorized access to the Site, its servers, or any connected network.
  • Use any automated system (bots, scrapers, etc.) to access the Site without our prior written permission.
  • Impersonate any person or entity, or misrepresent your affiliation with any person or entity.

9. Accounts

If you create an account on the Site, you are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify us immediately of any unauthorized use of your account.

10. Disclaimer of Warranties

THE SITE AND ALL PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, APNY DESIGN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR PURCHASE OF ANY PRODUCT. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT(S) GIVING RISE TO THE CLAIM.

Some states do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

12. Indemnification

You agree to indemnify and hold harmless APNY Design, its owners, employees, and affiliates from any claims, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of your use of the Site, your violation of these Terms, or your violation of any rights of a third party.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms or the Site shall be resolved in the state or federal courts located in New York, and you consent to the personal jurisdiction of such courts.

Note: confirm the governing state with your attorney — New York is used here as a placeholder since APNY Design’s studio is based in New York.

14. Changes to These Terms

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to the Site with an updated “Last updated” date. Your continued use of the Site after changes are posted constitutes your acceptance of the revised Terms.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid under applicable law, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

16. Contact Us

If you have any questions about these Terms, please contact us:

  • Email: apnydesign@aol.com
  • WhatsApp: +1 917 403 3554
  • Instagram: @apnydesign