Welcome to Cosanuova and www.cosanuova.us (the “Site”), which is provided by ML Capital Management, Inc. (“Cosanuova,” “we”, “us” or “our”) in order to enable our valued customers (“you” for the purpose of these Terms & Conditions (our “Terms”)) to visit our Site, learn about and purchase the most beautiful and latest jewelry designs available (our “Products”). In the event you are accessing our Site on behalf of an organization, company, or other legal entity (your “Organization”) the term “you” will also include your Organization. In such case, you represent that all information you provide to us on behalf of the Organization is, true, accurate and complete. We ask you to take a few moments to read these Terms, which govern all use of our Site and all orders and returns for our Products made through the Site. Please read these Terms carefully and thoroughly.
As we improve our Products or improve the features or functions we offer on this Site, we may need to update these Terms to add new terms that are relevant to such improvements. In the event we do make changes, the revised version of these Terms will be effective immediately upon posting such a revised version of these Terms or other notice on the Site. You should frequently review these Terms because your continued use of the Site after posting of a revised version signifies your consent such new Terms.
By using the Site and providing your contact and other information through the Site, you agree that we may send you communications via email regarding our Products and services. You will have the opportunity to “opt out” of receiving any future marketing emails at any time.
We take commercially reasonable measures, as we deem appropriate to secure and protect information transmitted to and from the Site. Nevertheless, we cannot and do not guarantee that any such transmissions are or will be totally secure.
You understand and agree that we own, or (where required, appropriate, or applicable) have licensed, all right, title and interest in and to the Site, including the features, materials, opportunities and services made available on or through the Site, and all information, text, data, graphics, Product images, sound recordings, audio and visual clips, logos, software and all other materials contained therein, and the compilation, collection, design, selection and arrangement thereof (collectively, the “Content”). You acknowledge that the Content constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws and treaties of the United States and other countries, and that you acquire no ownership interest by accessing and using the Site and the Content. Such intellectual property and proprietary rights may include, but are not limited to, various patents, copyrights, trademarks and service marks, registered trademarks and service marks, trade dress protection and trade secrets, and all such rights are and shall remain the property of us or our licensors and content-providers. You may not reproduce, modify, copy, frame, publish, display, post, transmit, download, sell, create derivative works from, or distribute any Content, or any portion thereof, without the express prior written permission of us, except as indicated within these terms.
Cosanuova makes every attempt to ensure that our Site is as accurate and complete as possible. In order to give you the opportunity to view our products in great detail, some products may appear larger or smaller than their actual size in our photographs; and since every computer monitor is set differently, color and size may vary slightly.
Our objective is to provide you with as much information and detail about your prospective purchase as possible so that you can see the beauty and shape of a particular item. In compliance with industry standards and FTC regulations, we state that carat total weight in all purchases may vary 0.05 carats from the stated weight.
On the Site, we provide the information of our products based on the manufacturing specifications of our manufacturing partners and suppliers. Slight tolerances may be accounted for based on finishing during the manufacturing. For gemstone and pearl measurements, a tolerance of 0.25mm is allowed. For diamond jewelry set with multiple diamonds, we provide the minimum total carat weight for the piece. Color and clarity grades are expressed as either a minimum or an average depending on the number of diamonds. If stated as a minimum, all diamonds within the piece are at or above the stated quality. If expressed as an average, collectively the quality is equal to or exceeds the grade stated.
If you're interested in an item that is currently out of stock, contact us and we can tell you when the item will be back in stock. On occasions, due to unpredictable volume of orders and/or for specific items, we may go out of stock on any given item before we are able to post a notification on the Site. If this happens, we will contact you directly to discuss possible options.
Information, including prices, may be inaccurately displayed on our Site due to system or typographical errors. Although we make every attempt to avoid these errors, they may occur and we do not warrant that all product descriptions are 100% accurate, complete, reliable, current, or error free. We reserve the right to correct any and all errors when they do occur, and we do not honor inaccurate or erroneous prices. If a product's listed price is lower than its actual price, we will, at our discretion, either contact you for instructions before shipping the product or cancel the order and notify you of such cancellation. If the order has been shipped, you agree to either return the product for a refund or pay the difference between the actual and charged prices. If a Product is not as described, your sole remedy is to return it in unused condition for a full refund.
All our prices are final, we do not negotiate prices on any of our products; furthermore, our prices are also subject to change without notice. The prices displayed for items are the retail prices and do not include any applicable sales or other taxes that we may be required to collect. We apologize for any inconvenience that this may cause. If you have any questions, please do not hesitate to contact one of our customer service representatives at email@example.com.
We reserve the right to offer any type of Customer Loyalty Rewards; this might include loyalty points, coupons, vouchers, credits, gifts, gift cards, items, or any other type of benefit to the customer as we deem fit. Rewards Points will be available for use as coupon codes in the “My Account” section and will be available 30 days after qualifying purchase are made. We reserve the right to change, modify and/or suspend any and all type of Customer Loyalty Rewards without previous notice. By returning goods, you agree to forgo all Loyalty Rewards associated to the return. If Reward Points are used to purchase goods and the items related to the Reward Points are at some point returned and refunded, the customer will be liable and must pay for an amount equal to the value of the original reward. Using Customer Loyalty Rewards to pay for other purchases and then returning the reward earning purchases is considered fraud. This and any other type of misuse of our Customer Loyalty Rewards will be deemed cause to contact the corresponding authorities.
For questions about a specific Rewards Program contact us for further clarity and program details at firstname.lastname@example.org
Due to high restocking and overhead costs, we do not allow comparison buying. Comparison buying is when you purchase several items with the intent of only keeping the one most liked and then returning the rest. If you are unsure about which item to purchase, please feel free to contact us and we will gladly share more information with you and help you make your choice.
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, we have adopted the policy of terminating and barring, in appropriate circumstances and at our sole discretion, Site users or account holders who are deemed to be repeat offenders. Cosanuova may also terminate the account of any user who infringes any intellectual property rights of others, whether or not there is any repeat violation.
Cosanuova may provide links to Web pages and content of third parties ('Third Party Content') as a service to those interested in this information. Cosanuova does not monitor or have any control over any Third Party Content or third party Sites. We do not endorse any Third Party Content and can make no guarantee as to its accuracy or completeness. Cosanuova does not represent or warrant the accuracy of any information contained therein, and undertakes no responsibility to update or review any Third Party Content. Users use these links and Third Party Content contained therein at their own risk.
Without our express, prior, written permission, you shall not:
You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding this Site, Cosanuova, or our products or services that are provided by you to Cosanuova are non-confidential and shall become the sole property of Cosanuova. Cosanuova will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You grant Cosanuova and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that
Our Site includes a product review feature, and includes or may include in the future discussion forums, user generated content, or other areas or services in which you or third parties create, post, or store any content, messages, materials or other items on our Site ('Interactive Areas'). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through our Site any of the following:
All Cosanuova brands are trademarks of Cosanuova and may not be copied, imitated, or used, in whole or in part, without our prior written permission. In addition, all page headers, custom graphics, button icons and scripts are service marks, or trademarks, of Cosanuova or its affiliates or licensors and may not be copied, imitated, or used, in whole or in part, without our prior written permission. Other trademarks, product names and company names and logos displayed on the Site are the property of their respective owners.
Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)), we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe a copyright is being infringed by a user of the Site or by Cosanuova, please provide written notice to by sending an email to email@example.com
Your written notice must (i) contain your physical or electronic signature, (ii) identify the allegedly infringing material in a sufficiently precise manner to allow us to locate the material, (iii) contain adequate information by which we can contact you (including mailing address, telephone number and e-mail address), (iv) contain a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, the copyright owner’s agent, or the law, and (V) contain a statement that the information in the written notice is accurate.
For information regarding shipping, see our Shipping & Taxes.
To return a product, email firstname.lastname@example.org to obtain return information or use our automated service by login into your account, select order history, click on order details, select items and quantity to be returned and click on MAKE AN RMA SLIP. We do not take title to returned Products until we receive the product. At our discretion, we may choose to issue a refund or send a replacement Product without requiring a return. In this situation, we do not take title to the refunded item. We do not refund shipping charges although exceptions can be made at our discretion. By returning goods you forgo all rewards without limitations associated to the returned goods. We try to process returns and refunds as quickly as possible and most refunds are usually processed within a week or so; however, we reserve the right to take up to 6-8 weeks for processing. Please see our Refunds and Returns policy.
THE SITE AND THE CONTENT, AND ALL MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE SITE AND THE COMPANY ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OR GUARANTIES, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT REPRESENT, WARRANT, OR COVENANT THAT THE SITE OR ANY MATERIALS, PRODUCTS, OR SERVICES AVAILABLE ON OR THROUGH THE SITE OR THROUGH THE COMPANY ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, RELIABLE, OR APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU, YOUR ORGANIZATION, OR ANY THIRD-PARTY MAY CHOOSE TO PUT THEM, THAT THEY ARE OR WILL BE AVAILABLE ON AN UNINTERRUPTED OR ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND THE MATERIALS, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE SITE AND THROUGH COMPANY ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS.
IN NO EVENT SHALL COSANUOVA, ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF EACH OF THE FOREGOING, BE LIABLE TO YOU, YOUR ORGANIZATION, OR ANY OTHER THIRD-PARTY FOR ANY LOSS, COST, DAMAGE, OR OTHER INJURY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH:
UNDER NO CIRCUMSTANCES SHALL COSANUOVA, ITS CONTRACTORS, SUPPLIERS CONTENT-PROVIDERS AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS OF EACH OF THE FOREGOING, BE LIABLE TO YOU, YOUR ORGANIZATION, ANY NOT-FOR-PROFIT ENTITY, OR ANY OTHER THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES OR COSTS (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DATA, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF USE, BUSINESS INTERRUPTION AND CLAIMS OF THIRD-PARTIES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SITE, ANYTHING DESCRIBED IN THE FOREGOING CLAUSES (I) THROUGH (IV) OF THIS PARAGRAPH, OR ANY OTHER CAUSE BEYOND THE CONTROL OF COSANUOVA, EVEN IF COSANUOVA WAS ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS. IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE LIABILITY OF COSANUOVA, ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF EACH OF THE FOREGOING, SHALL BE LIMITED IN ACCORDANCE WITH THESE TERMS TO THE FULLEST EXTENT PERMITTED BY LAW. WITHOUT LIMITING ANY OF THE FOREGOING, IF COSANUOVA, ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, OR OTHER SIMILAR ENTITIES, OR ANY OF THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS OF ANY OF THE FOREGOING, IS FOUND LIABLE TO YOU OR TO ANY THIRD-PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THESE TERMS, THE SITE, OR THE USE OF THE SITE, COSANUOVA AND SUCH PARTIES’ CUMULATIVE, AGGREGATE AND MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS IN ANY CALENDAR YEAR SHALL NOT EXCEED $100. THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE.
These Terms shall be governed and construed in accordance with the laws of Florida, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions shall be filed only in the state and federal courts located in Broward County, Florida and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of your use of this Site, any purchase from this Site, or these Terms and Conditions. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
You agree to indemnify, defend and hold Cosanuova, and the officers, directors, employees and agents of Cosanuova, harmless from and against all claims, demands, suits and all other proceedings, and all resulting loss, damage, liability, cost and expense (including reasonable attorneys’ fees), your access to and use of the Content, the Site and other materials, products and services available on or through the Site and Cosanuova, your violation of these Terms, or your violation of any rights of another. We reserve, and you grant to us, the right to assume exclusive defense and control of any matter subject to indemnification by you. All rights and duties of indemnification that are set forth herein shall survive termination of these Terms.
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Platform, at any time and for any reason without prior notice or liability and to block and prevent your future access to the Site. Furthermore, we reserve the right to change, suspend, or discontinue all or any part of the Platform at any time without prior notice or liability.
If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable by a court, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us, submit or post any content that contains confidential information. We are not responsible for the dissemination of personal, private or confidential information that is sent, posted or submitted to us via email, through the Site or through any social or electronic platform. YOU, AND NOT COSANUOVA, ARE ENTIRELY RESPONSIBLE FOR ALL YOUR REGISTERED USER CONTENT THAT YOU UPLOAD, POST, E-MAIL, OR OTHERWISE TRANSMIT VIA THE PLATFORM, AND YOU WILL INDEMNIFY US IN RESPECT OF ANY LOSS, LIABILITY, CLAIM, OR DAMAGE SUFFERED OR INCURRED BY US IN CONNECTION WITH YOUR REGISTERED USER CONTENT.
Please contact us with any questions regarding the Site or these Terms by e-mail email@example.com