TERMS & CONDITIONS
Banvari.com DOES NOT WARRANT THAT INFORMATION CONTAINED ON THE SITE WILL BE ACCURATE,
RELIABLE OR ERROR FREE OR THOSE DEFECTS WILL BE CORRECTED. Banvari.com CANNOT BE
HELD RESPONSIBLE FOR ERRORS AND OMISSIONS IN THE SITE AND RESERVES THE RIGHT TO
MODIFY AND CORRECT ERRORS AT ANY TIME. MATERIAL ON THE SITE MAY ALSO CONTAIN TECHNICAL
INACCURACIES OR TYPOGRAPHICAL ERRORS (INCLUDING PRICING ERRORS), AND MAY BE CHANGED,
UPDATED OR MODIFIED AT ANY TIME AND FROM TIME TO TIME WITHOUT NOTICE; Banvari.com
WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY SUCH INACCURACIES, ERRORS, CHANGES, OR
UPDATES. Banvari.com MAY IN ITS SOLE DISCRETION ADD, DELETE, OR CHANGE SOME OR ALL
OF ITS PRODUCTS AND SERVICES AT ANY TIME. Banvari.com has attempted to accurately
depict the products offered on the Site. However, because the depiction of a product
is dependent on your computer monitor, Banvari.com cannot guarantee that such depiction
will be accurate. In accordance with industry standards and FTC regulations, Banvari
states that the total gemstone carat weight in our jewelry may vary +/- 0.04 carats
from the stated weight. The products also may appear larger or smaller than their
actual size depending on your monitor. Some photographs have been enlarged to show
detail.
USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS EXPRESSLY SET FORTH BELOW
OR IN A WRITTEN WARRANTY THAT ACCOMPANIES A PRODUCT (AND THEN ONLY WITH RESPECT
TO SUCH PRODUCT), Banvari.com EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES
OF ANY KIND EITHER EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION, WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND AVAILABILITY)
REGARDING THE SITE AND ANY PRODUCTS OFFERED OR AVAILABLE THROUGH THE SITE. THE SITE
AND PRODUCTS AND INFORMATION ON THE SITE ARE PROVIDED ON AN "AS IS-WHERE IS"
BASIS. NEITHER Banvari.com NOR ITS SUBSIDIARIES, AFFILIATES OR ANY OF THEIR RESPECTIVE
EMPLOYEES, AGENTS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SHAREHOLDERS, PREDECESSORS,
SUCCESSORS, OR ASSIGNS (COLLECTIVELY, "AFFILIATES") WILL BE LIABLE FOR
ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER
ARISING DIRECTLY OR INDIRECTLY FROM USE OF THE SITE, THE INFORMATION CONTAINED ON
OR TRANSMITTED FROM THE SITE OR PRODUCTS AVAILABLE OR PURCHASED THROUGH THE SITE,
OR TRANSACTIONS CONDUCTED AT THE SITE, EVEN IF Banvari.com HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES OR LOSSES. SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES SO THE ABOVE LIMITATION
OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF Banvari.com
OR ITS AFFILIATES ARISING DIRECTLY OR INDIRECTLY FROM THIS SITE OR ANY PRODUCTS
AVAILABLE OR PURCHASED THROUGH THE SITE EXCEED THE LESSER OF THE AMOUNT PAID BY
YOU TO Banvari.com FOR THE SINGLE PRODUCT AT ISSUE, OR ONE THOUSAND DOLLARS ($1,000).
YOU HEREBY ACKNOWLEDGE THAT ALL THE PROVISIONS OF THIS SECTION WILL APPLY TO ALL
USE OF THE SITE, THE INFORMATION CONTAINED ON THE SITE, AND PRODUCTS AVAILABLE OR
PURCHASED THROUGH THE SITE, AND TRANSACTIONS CONDUCTED AT THE SITE.
Subject to the following arbitration provision these terms and conditions shall
be governed by, construed and interpreted according to the laws of the State of
California, and you and Banvari.com (the "Parties") agree to and consent
to the exclusive jurisdiction and venue of the courts in Orange County, California.
Should a dispute arise between the Parties which cannot be resolved by the Parties
in good faith negotiations, both Parties agree to submit such dispute to arbitration
in Santa Ana, California, before a single arbitrator familiar with the Uniform Commercial
Code using the Commercial Rules of the American Arbitration Association, with the
following modifications to be enforced by the arbitrator consistent with California
law: (a) any such arbitration proceeding shall be confidential as to the existence,
content, and results of the arbitration; (b) depositions shall not exceed two (2)
per party and all must be completed within a single day; (c) document requests are
limited to no more than ten (10) clearly identified categories of documents which
must be provided to the requesting party within five (5) business days of the request;
(d) each party shall have no more than eight (8) hours to present its position;
and (e) the entire hearing shall last no longer than three (3) business days. The
award, if any, shall be rendered no more than thirty (30) days following the end
of the proceeding. Judgment upon the award rendered by the arbitrator may be entered
by any court having jurisdiction. Both Parties expressly agree that any such controversy
or claim shall be arbitrated on an individual basis, and shall not be consolidated
in any arbitration with any claim or controversy of any other party. Each party
shall bear its own attorneys' fees and costs in connection with the proceedings
and shall share equally the fees and expenses of the arbitrator.
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