Houston Nutcracker Ballet

1. Who We Are

Vincent Peach Fine Jewelry (“Vincent Peach,” “we,” “us,” or “our”) operates www.vincentpeach.com and related online services through which we market and sell fine jewelry, accessories and related products and services. Our current public studio contact is 1046 4th Ave. S., Nashville, TN 37210, United States; email: info@vincentpeach.com; phone: 615-378-1374.

This Privacy Policy explains the personal information we collect, the sources and purposes of that information, how we disclose it, how long we retain it, and the choices and rights that may be available to you. “Personal information” includes “personal data” and similar terms used by applicable privacy laws.

2. Notice at Collection

At or before collection, we may collect the categories of personal information described below for the stated business and commercial purposes. We do not use personal information for materially different purposes without providing any notice or consent required by law. The specific information collected depends on how you interact with the Site.

3. Information We Collect

3.1 Information You Provide Directly

We may collect information you provide when you place an order, create an account, request customer support, request a custom design, submit a review, enter a promotion, subscribe to marketing, communicate with us, or otherwise use the Site. This can include contact details, billing and shipping information, order details, preferences, communications, design specifications and other information you choose to provide.

3.2 Information Collected Automatically

When you use the Site, we and our service providers may automatically receive information about your browser, device, IP address, operating system, pages viewed, approximate location, referral source and interactions. Cookies, pixels, tags, scripts and similar technologies may be used for essential functions, security, analytics, personalization and advertising, depending on configuration, your choices and applicable law. See the Cookie & Tracking Notice.

3.3 Information from Other Sources

We may receive information from payment providers, shipping carriers, fraud-prevention vendors, financing providers, advertising/marketing platforms, social-media platforms, review providers and other third parties where permitted by law and relevant to the purposes described here.

4. How We Use Personal Information

• Provide, operate, secure, maintain and improve the Site and our products and services.
• Process, fulfill and support orders, including payments, production, shipping, returns, exchanges, repairs and customer service.
• Authenticate transactions, prevent fraud, verify identity or delivery details for high-value orders, and protect customers and the business.
• Communicate regarding orders, accounts, requests, service issues, product availability and other transactional matters.
• Send marketing communications where legally permitted and consistent with your choices.
• Administer promotions, waitlists, events, customer programs, reviews and custom-design requests.
• Analyze Site performance, customer experience, campaign effectiveness and business trends.
• Personalize content, offers or advertising where permitted and subject to applicable consent or opt-out rights.
• Comply with legal, tax, accounting, sanctions, recordkeeping, insurance and regulatory obligations; establish, exercise or defend legal claims.

5. Legal Bases for EEA/UK and Similar Jurisdictions

Where a law requires a legal basis for processing, our bases may include performance of a contract, steps requested before entering a contract, compliance with legal obligations, our legitimate interests (including security, fraud prevention, customer service, business administration and appropriate marketing), and consent. Where we rely on consent, you may withdraw it prospectively. Where we rely on legitimate interests, you may have a right to object depending on the circumstances.

6. How We Disclose Personal Information

• E-commerce and hosting providers, including Shopify and related technology providers supporting the Site and checkout.
• Payment processors, payment-method providers and financing providers you choose to use.
• Shipping carriers, fulfillment partners, insurers and logistics providers.
• Customer service, communications, email, SMS, review, wishlist and customer-experience providers where used.
• Analytics, advertising and marketing partners where enabled and legally permitted.
• Artisans, repair partners, stone/material suppliers or custom-production partners where reasonably necessary to fulfill your request and subject to appropriate business controls.
• Professional advisers, insurers, auditors, accountants, security providers and other operational service providers.
• Government authorities, courts, regulators or other recipients where required by law or reasonably necessary to protect rights, safety or property.
• Parties involved in a merger, financing, acquisition, sale, bankruptcy, reorganization or similar transaction, subject to applicable law.
• Other parties when you direct us to disclose information or otherwise consent.

We may also use or disclose aggregated, deidentified or anonymized information that is not reasonably capable of being associated with you, subject to applicable law. We do not attempt to reidentify information that we maintain as deidentified where prohibited by law.

7. Targeted Advertising; Sale or Sharing Concepts

We may use analytics and advertising technologies to understand Site use and campaign performance and, where permitted, to deliver or measure advertising. Certain disclosures involving cross-context behavioral advertising may be treated as “sharing,” “targeted advertising,” or a “sale” under some state privacy laws even when money is not exchanged. Where applicable, you may opt out using our Cookie Preferences / Your Privacy Choices control or other method described below. We do not knowingly sell or share personal information of consumers under 16 in a manner requiring opt-in consent.

8. Cookies and Similar Technologies

We use cookies and similar technologies for essential functions and, where enabled, preferences, analytics, personalization, embedded content and advertising. The current technology categories and your available controls are described in the Cookie & Tracking Notice and, where provided, in the Site’s Cookie Preferences tool. Where prior consent is legally required, non-essential technologies are intended to operate only in accordance with that consent.

9. Your Privacy Choices

9.1 Marketing Email

You may unsubscribe from promotional email at any time using the unsubscribe link in the message. We may continue to send transactional or service communications reasonably necessary to complete a transaction, protect an account or provide requested services.

9.2 SMS / Text Marketing

If promotional text messaging is offered, the enrollment disclosure presented when you opt in governs that program. Consent to marketing texts is not a condition of purchase. Message and data rates may apply. You may opt out as instructed in the message, typically by replying STOP, and request help by replying HELP where supported.

9.3 Cookie Preferences and Targeted Advertising Opt-Outs

Where available, you may change non-essential cookie choices through Cookie Preferences and use Your Privacy Choices to exercise applicable opt-out rights relating to targeted advertising, sale or sharing. Browser settings may also block or delete cookies, although doing so can affect Site functionality.

9.4 Global Privacy Control and Do Not Track

Where applicable law requires recognition of an opt-out preference signal, we process a recognized browser-based signal such as Global Privacy Control (GPC) as required by law and our technical configuration. Traditional “Do Not Track” browser signals are not universally standardized or legally recognized in the same manner, and the Site may not respond to them except as required by applicable law.

10. U.S. State Privacy Rights

Depending on your state, the law’s applicability thresholds, and applicable exemptions, you may have rights to confirm processing; access or know personal information; correct inaccuracies; delete information; obtain a portable copy; opt out of certain sales, sharing, targeted advertising or qualifying profiling; limit certain uses of sensitive information; appeal a denied request; and receive equal treatment for exercising privacy rights. These rights are not identical in every state and may be subject to exceptions.

10.1 How to Submit a Request

Email info@vincentpeach.com with the subject “Privacy Request,” call 615-378-1374, or write to Vincent Peach Fine Jewelry, 1046 4th Ave. S., Nashville, TN 37210. Please state the right you wish to exercise and the state in which you reside. We may request information reasonably necessary to verify your identity and protect personal information. We will respond within the period required by applicable law, subject to permitted extensions.

10.2 Authorized Agents and Appeals

Where permitted, an authorized agent may submit a request on your behalf. We may require proof of authorization and may verify your identity directly. If applicable law gives you a right to appeal a denied request, reply to our decision or email info@vincentpeach.com with “Privacy Appeal” in the subject line. We will review and respond within the time required by law.

10.3 California

California residents may have rights under the California Consumer Privacy Act, as amended, if the law applies to our business and the relevant processing. These can include rights to know/access, correct, delete, opt out of sale or sharing, limit certain uses of sensitive personal information, use an authorized agent and receive non-discriminatory treatment. Our Notice at Collection appears above. Where required, legally recognized opt-out preference signals are honored. We do not use or disclose sensitive personal information for purposes that require a right to limit unless disclosed and controlled as required by law.

10.4 Tennessee and Other States

Tennessee residents and residents of other states with comprehensive consumer privacy laws may have rights described in this section when the applicable law covers our business and processing. We maintain a reasonable privacy and data-governance program appropriate to the nature and scope of our operations and the information we process.

11. Children

The Site is intended for a general audience and is not directed to children under 13. We do not knowingly collect personal information online from children under 13. If you believe a child has provided personal information to us, contact us so we can investigate and take appropriate action. We do not knowingly sell or share personal information of consumers under 16 where opt-in consent would be required.

12. Data Retention

We retain personal information for only as long as reasonably necessary for the purposes described here, including completing transactions, maintaining order and tax records, providing support, administering warranties or repairs if any, preventing fraud, honoring marketing/privacy choices, resolving disputes, enforcing agreements and complying with legal obligations. Retention varies by category and context. We may retain information longer when reasonably necessary for a legal hold, investigation or claim. When information is no longer needed, we seek to delete, anonymize or securely dispose of it in accordance with our processes and applicable law.

13. Security

We use administrative, technical and organizational safeguards designed to protect personal information in light of the nature of the information and our operations. No security method is perfect, and we cannot guarantee absolute security. Customers are responsible for using appropriate account credentials and for protecting devices and passwords under their control.

14. International Visitors and Transfers

Vincent Peach is based in the United States. If you access the Site from another country, personal information may be processed in the United States and other countries where our service providers operate. Where applicable law requires transfer safeguards, we and our providers use lawful mechanisms appropriate to the transfer. EEA, UK and similar-region residents may have additional rights to access, correct, erase, restrict or object to processing, receive data portability, withdraw consent, and lodge a complaint with a competent supervisory authority, subject to applicable law and exceptions.

15. Third-Party Sites and Services

The Site may link to or integrate third-party services. Those services operate under their own terms and privacy practices. We are not responsible for a third party’s independent practices, although we seek to use reputable providers and appropriate contractual controls where required.

16. Changes to This Privacy Policy

We may update this Privacy Policy from time to time. We will revise the “Last Updated” date when we do so. If a change is material, we may provide additional notice where required or appropriate. Changes apply prospectively unless applicable law permits otherwise.

17. Contact Us

Privacy questions and requests: info@vincentpeach.com (subject: “Privacy Request”)
Phone: 615-378-1374
Mail: Vincent Peach Fine Jewelry, 1046 4th Ave. S., Nashville, TN 37210, United States

1. Acceptance of These Terms

These Terms of Use and Terms of Sale (“Terms”) govern your access to and use of www.vincentpeach.com and related services (the “Site”), and any order or purchase you make from Vincent Peach Fine Jewelry. By accessing or using the Site, creating an account, or placing an order after being presented with these Terms or a conspicuous link to them, you agree to be bound by these Terms. If you do not agree, do not use the Site or place an order.

For purchases, we may use electronic acceptance methods such as a checkout acknowledgment, button, checkbox or other clear assent mechanism. You agree that electronic records, notices and acceptance may be used in connection with your transaction to the extent permitted by law. We may retain records showing the version of the Terms presented and the transaction or assent information associated with your order.

2. Eligibility; Account Security

You must be legally capable of entering into a binding contract in your jurisdiction. If you create an account, you are responsible for maintaining the confidentiality of your credentials and for activity under your account, subject to applicable law. Notify us promptly if you believe your account or payment information has been compromised.

3. Product Descriptions; Handcrafted and Natural Variations

We strive to provide accurate product descriptions, dimensions, photographs, materials and pricing. Many Vincent Peach pieces are handcrafted and may contain natural or artisanal variation. Pearls, gemstones, leather, metals, patinas, engraving, hand-finishing and other natural or handmade materials can vary in color, shape, surface characteristics, texture, dimensions and appearance. These inherent variations are part of the character of the product and are not defects merely because they differ from a photograph, sample or another piece.

Colors and scale displayed on a screen vary by device and settings. Product images may be enlarged or styled for detail. Unless a specific one-of-a-kind item is expressly identified as the exact item being purchased, photographs are representative. Dimensions, weights and carat weights may be approximate and may vary within reasonable manufacturing, measurement and trade tolerances. “Total carat weight” refers to the aggregate weight of the applicable stones. Natural and lab-grown diamonds or gemstones will be identified as represented on the applicable product page or documentation.

Any third-party grading report, appraisal or laboratory report reflects the issuing organization’s opinion and methodology. We do not guarantee future resale, replacement or investment value. Jewelry and gemstones should not be purchased as an investment based on any Site content.

4. Pricing, Availability, Taxes and Errors

Prices, promotions, product availability and specifications may change without notice before an order is accepted. Applicable taxes, shipping, duties and other charges may be added as disclosed at checkout. We may correct typographical, pricing, availability, image or description errors and may decline or cancel an affected order, including after an order acknowledgment, subject to applicable law. If we cancel after payment has been captured, we will issue the required refund.

5. Orders and Order Acceptance

Submitting an order is an offer to purchase. An automated order confirmation acknowledges receipt and does not necessarily constitute final acceptance. We may accept an order by confirming acceptance, beginning authorized production, or shipping the goods. We may refuse, limit or cancel orders for legitimate reasons including suspected fraud, payment failure, inventory or material unavailability, pricing error, sanctions or legal restrictions, unusual quantity or resale concerns, shipping restrictions, inability to verify required high-value transaction information, or other lawful risk considerations.

6. Payment Authorization; Fraud and High-Value Verification

You authorize us and our payment providers to charge the payment method you submit for the amounts disclosed at checkout. You represent that you are authorized to use that payment method and that the billing and transaction information you provide is accurate. For high-value or unusual orders, we may use fraud screening and may request reasonable verification of identity, address, payment authorization or delivery instructions. If we cannot reasonably verify the transaction, we may delay acceptance, require an alternate secure payment method, or cancel and refund the order.

Nothing in these Terms limits lawful cardholder or consumer rights. However, you agree not to knowingly submit a false or fraudulent chargeback or payment dispute. If a payment dispute is opened, we may provide the payment provider with relevant order, delivery, communications, acceptance, return and fraud-prevention records.

7. Financing and Third-Party Payment Methods

If you choose financing, installment payments, digital wallets or another third-party payment service, that provider’s separate terms, eligibility criteria, privacy practices and dispute procedures apply to its services. We are not the lender unless expressly stated otherwise.

8. Made-to-Order Products and Production Timing

Many Vincent Peach pieces are handcrafted to order. A product page may state an estimated production or delivery window, commonly 4–6 weeks for made-to-order pieces, while in-stock products may ship sooner. Production depends on materials, complexity, quality control and order volume. We will comply with applicable law governing shipment representations, delay notices, cancellation rights and refunds. If we cannot ship within an applicable promised period, we may seek your consent to a revised shipment date or cancel and refund the unshipped order as required by law.

9. Order Changes and Cancellations

For many orders, we can attempt to accommodate a change or cancellation requested within 48 hours after the order is placed, before materials are sourced or production begins. This is not guaranteed. Once materials have been specially sourced, production has begun, a piece has been altered, or a custom/bespoke stage has commenced, cancellation or changes may be unavailable or subject to reasonable additional charges to the extent permitted by law and disclosed for the order. Contact us immediately at info@vincentpeach.com or 615-378-1374 if a change is needed.

10. Custom, Bespoke, Personalized, Engraved and Special-Order Work

Custom, bespoke, personalized, engraved, resized, materially modified or special-order products require special handling. Before production, we may provide an order summary, drawing, CAD, rendering, stone/material specification, estimate or other design approval. You are responsible for reviewing names, dates, spelling, sizes, dimensions, stone choices, metal choices and other specifications before approval.

CAD files, renderings, sketches and digital images are design tools and are not perfect photographic representations of final color, surface finish, stone appearance, proportion or handmade detail. Reasonable manufacturing tolerances and natural variations apply. Changes requested after approval may require a revised price and schedule.

Once special materials are sourced, irreversible work begins, or a custom/bespoke/personalized item enters production, the order may become non-cancelable and final sale to the fullest extent permitted by law. This does not eliminate any non-waivable rights you may have if the finished item is defective, materially nonconforming, or otherwise subject to a mandatory legal remedy.

If you supply a logo, artwork, design, photograph, inscription, stone or other material for incorporation into a product, you represent that you have the right to provide and authorize its use. Unless we agree otherwise in writing, Vincent Peach retains its intellectual-property rights in its original design concepts, drawings, CAD files, manufacturing methods and design elements, even when used to create a custom piece.

11. Resizing, Alterations, Repairs and Customer-Supplied Items

Resizing, alteration and repair services may be quoted separately and may change original dimensions, finish, stone security or other characteristics. Work performed by unaffiliated third parties can affect our ability to evaluate a later claim. If we accept customer-supplied stones, jewelry or materials, any special terms, declared value, insurance limitations or risk allocation should be confirmed in writing for that service before work begins. Nothing in this section limits liability that cannot lawfully be limited.

12. Jewelry Care and Ordinary Wear

Jewelry requires appropriate care. Scratches, finish changes, stretched leather, worn cords, bent or worn prongs, loosened stones caused by impact or wear, discoloration caused by chemicals, water or cosmetics, and damage caused by improper storage, misuse, accident or unauthorized repair are not automatically manufacturing defects. Follow product-specific care instructions and contact us if you have a concern.

13. Shipping and Delivery

The Shipping & Delivery Policy in Section 22 is incorporated into these Terms. Delivery dates are estimates unless expressly stated as guaranteed. We may use third-party carriers and secure-delivery methods. High-value orders may require adult signature, identity verification, carrier hold-for-pickup or other safeguards. Risk of loss and title are allocated as required by applicable law; contractual provisions do not override mandatory consumer protections.

14. Returns, Refunds and Exchanges

The Returns, Refunds & Exchanges Policy in Section 23 is incorporated into these Terms. Unless a product page states a more favorable term, eligible standard merchandise may be returned within 30 days after delivery in original, unworn, unaltered condition with packaging and included materials. Custom or bespoke work is generally final sale as described below and subject to applicable law.

15. Promotions, Discount Codes and Gifts

Promotions may be subject to additional stated terms, eligibility dates, excluded products, minimum purchase amounts and limits. Unless expressly stated, offers cannot be combined, have no cash value and may be modified or ended prospectively. If a promotion is advertised incorrectly, we may correct the error subject to applicable law. Gift cards or store credits, if offered, are governed by any terms presented at issuance and applicable unclaimed-property and gift-card laws.

16. Intellectual Property

The Site and its content—including text, photographs, product imagery, graphics, logos, designs, jewelry designs, videos, icons, software, page layouts, catalog content and the “Vincent Peach” name and marks—are owned by Vincent Peach or its licensors and are protected by copyright, trademark, trade-dress, design, unfair-competition and other intellectual-property laws. You may use the Site for personal, non-commercial purposes only. Except as permitted by law or our written authorization, you may not reproduce, distribute, modify, publish, display, create derivative works from, scrape, train commercial models on, remove rights notices from, or commercially exploit Site content or designs.

17. Prohibited Conduct

• Use the Site for unlawful, fraudulent or abusive purposes.
• Interfere with security, access controls or operation of the Site.
• Attempt to access accounts, systems or data without authorization.
• Upload malicious code or use the Site to distribute harmful content.
• Impersonate another person or misrepresent identity, authority or affiliation.
• Use bots, crawlers, scrapers, data-mining or automated extraction tools except as expressly authorized by us or required by law.
• Use Site content, product data, photographs or designs to create a competing catalog, database, counterfeit product or commercial service.
• Circumvent purchase limits, fraud controls, sanctions controls or technological protection measures.

18. Reviews, Testimonials and User Submissions

If you submit a review, photograph, comment, testimonial, design request or other content, you represent that you have the right to provide it and that it is truthful based on your actual experience where applicable, does not infringe another person’s rights, and is not unlawful or misleading. You grant Vincent Peach a non-exclusive, worldwide, royalty-free license to use, reproduce, display, adapt and distribute the submission for business, Site and marketing purposes, subject to applicable privacy law and any separate written agreement.

We do not require a positive sentiment as a condition of an incentive for a consumer review. If a review or testimonial is incentivized or has another material connection that must be disclosed, we may add or require an appropriate disclosure. We may moderate content in good faith for relevance, unlawful content, privacy, fraud, conflicts or other legitimate reasons, but we do not restrict your lawful right to provide an honest review.

19. Third-Party Services and Links

The Site may contain links, embeds, financing options, payment methods, reviews, social-media features or integrations supplied by third parties. Their services are governed by their own terms and privacy policies. We are not responsible for third-party services we do not control.

20. Electronic Communications

When you provide an email address or other electronic contact information in connection with an order, account or request, you consent to receive transactional communications electronically. Marketing communications are subject to separate consent and opt-out rules. You are responsible for maintaining a current contact address so that we can provide order and legal notices.

21. SMS / Text Messaging; If Offered

If you voluntarily enroll in promotional or transactional text messaging, the disclosures presented at enrollment and any separate SMS terms govern. Consent to promotional texts is not a condition of purchase. Message frequency may vary and message/data rates may apply. You may opt out using the instructions in the program, typically by replying STOP. We may use a third-party messaging provider.

22. SHIPPING & DELIVERY POLICY

22.1 Processing and Production

Many pieces are made to order and commonly require an estimated 4–6 week production period. In-stock products may have shorter dispatch estimates. Product-specific timing shown at the time of order controls if more specific. We maintain a reasonable basis for shipment estimates and will provide legally required delay options, cancellation rights or refunds if a shipment cannot be made within an applicable promised period.

22.2 Shipping Charges

The Site currently advertises free standard shipping on orders over $150 where that offer is displayed and applicable. Any shipping charge, expedited option, insurance charge or geographic restriction applicable to your order will be disclosed before purchase. Promotional shipping terms may change prospectively.

22.3 Delivery Estimates

Delivery estimates are not guarantees unless expressly identified as guaranteed. Carrier delays, severe weather, customs, address errors, security holds, material shortages, events outside reasonable control and other circumstances can affect timing. Mandatory consumer remedies for delay are not waived.

22.4 Shipping Address and Changes

You are responsible for providing an accurate deliverable address. We may be unable to change an address after production, fraud review or carrier tender. For fraud-prevention or insurance reasons, we may restrict delivery to a verified billing address, carrier pickup location or other secure destination for high-value orders.

22.5 Tracking and Signature

When available, we provide shipment tracking. We may require adult signature, carrier hold, identity verification or another secure-delivery procedure for high-value or fraud-sensitive orders. A carrier’s scan, signature record, photograph, GPS record or other delivery evidence may be used to investigate a delivery claim, subject to applicable law.

22.6 International Shipping

International availability varies. Orders may be subject to customs, import duties, taxes, brokerage charges, sanctions and destination-country restrictions. Unless the checkout expressly states that duties/taxes are included, the recipient may be responsible for charges imposed by the destination country. We may refuse or cancel shipments that cannot lawfully or securely be completed.

22.7 Lost, Stolen or Damaged Shipments

If a package appears lost, stolen or materially damaged in transit, contact us promptly with the order number and tracking details. We may coordinate with the carrier or insurer and may request photographs, packaging, a written statement, identity verification or other reasonable documentation. Do not discard damaged packaging until the claim is resolved. We will provide any remedy required by applicable law.

22.8 Risk of Loss and Title

Risk of loss and title pass at the time required by applicable law for the transaction. Nothing in these Terms transfers risk to a consumer earlier than permitted by mandatory law.

23. RETURNS, REFUNDS & EXCHANGES POLICY

23.1 Standard Returns

Unless a product page or promotion provides a more favorable term, eligible standard merchandise may be returned within 30 days after delivery. The item must be returned in original, unworn, undamaged and unaltered condition with original packaging, certificates, grading reports, tags or other included materials. We may decline a return that shows wear, damage, alteration, resizing, missing components or other use inconsistent with a new item, subject to applicable law.

23.2 Custom, Personalized and Bespoke Pieces

Custom, bespoke, personalized, engraved, specially resized, materially modified and special-order products are generally final sale once special materials are sourced or production begins and are not eligible for standard return or exchange. This restriction does not eliminate non-waivable rights for defective, materially nonconforming or incorrectly supplied goods.

23.3 Final-Sale Items

An item is final sale only when that status is disclosed before purchase or when it falls within a clearly disclosed custom/personalized category. Mandatory legal remedies remain available notwithstanding a final-sale designation.

23.4 How to Start a Return

Contact info@vincentpeach.com within the applicable return period with your order number and reason for return. We will provide the current return instructions and, when applicable, a return authorization or label. Do not send jewelry to an old address or an address not confirmed in our return instructions.

23.5 Secure Return Shipping

Because jewelry may be high value, use the shipping and insurance method we specify. If we issue a prepaid label, follow its carrier and packaging requirements. If you ship independently, use a trackable and adequately insured method. Risk of loss on a return is allocated as required by applicable law; if you select your own carrier, we are not responsible for loss occurring before we receive the return except where law provides otherwise.

23.6 Inspection and Refunds

After receipt, we inspect the return. Approved refunds are generally issued to the original payment method. We may deduct or refuse amounts only to the extent permitted by law and consistent with the disclosed policy. Original shipping, duties, taxes and return-shipping costs may be non-refundable unless the return results from our error or applicable law requires otherwise.

23.7 Exchanges

Eligible exchanges may be offered subject to inventory, product restrictions and price differences. We may process an exchange as a return and new order. Custom/bespoke items are generally not exchangeable except where required by law or expressly approved in writing.

23.8 Damaged, Defective or Incorrect Items

If an item arrives damaged, appears defective or is materially different from what you ordered, contact us as soon as reasonably possible, preferably within 7 days after delivery, with photographs and the order number. A short notification preference does not eliminate mandatory legal rights. Depending on the circumstances, we may inspect the item and provide repair, replacement, refund or another appropriate remedy.

23.9 Refund Timing

Approved refunds are initiated promptly after inspection and approval. The time for a credit to appear depends on the payment provider or financial institution. We are not responsible for posting delays solely attributable to the financial institution after we issue the refund.

23.10 Fraud, Abuse and Serial Returns

We may investigate unusual, fraudulent or abusive return activity and may refuse future transactions or a return to the extent permitted by law where there is objective evidence of fraud, product substitution, wardrobing, altered merchandise, repeated policy abuse or other legitimate risk. This section does not restrict lawful consumer rights.

24. Product Warranties and Statutory Rights

Unless a specific product is accompanied by a separate written warranty, Vincent Peach does not create an additional voluntary written product warranty merely by publishing these Terms. Product descriptions and other express factual promises remain subject to applicable law. Any separate written warranty will be made available as required by law and will control to the extent it conflicts with these general Terms.

Nothing in these Terms excludes, disclaims or limits an implied warranty, statutory guarantee, remedy or consumer right that cannot lawfully be excluded, disclaimed or limited. Some states and countries do not permit certain warranty disclaimers or limitations, so those provisions may not apply to you.

25. Site Disclaimer

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE AND SITE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE FROM HARMFUL COMPONENTS, OR THAT ALL CONTENT, AVAILABILITY OR PRICING WILL ALWAYS BE CURRENT. THIS SITE DISCLAIMER DOES NOT DISCLAIM PRODUCT RIGHTS OR WARRANTIES THAT CANNOT LAWFULLY BE DISCLAIMED.

26. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, VINCENT PEACH AND ITS AFFILIATES, OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATING TO THE SITE, A PRODUCT OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EXCEPT WHERE SUCH LIMITATION IS PROHIBITED.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY FOR A CLAIM RELATING TO A PURCHASE WILL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID US FOR THE PRODUCT GIVING RISE TO THE CLAIM. FOR A CLAIM RELATING ONLY TO USE OF THE SITE AND NOT TO A PURCHASE, OUR AGGREGATE LIABILITY WILL NOT EXCEED US $100. THESE LIMITATIONS DO NOT APPLY TO LIABILITY THAT CANNOT LAWFULLY BE LIMITED, INCLUDING WHERE APPLICABLE LIABILITY FOR FRAUD, WILLFUL MISCONDUCT, CERTAIN PERSONAL INJURY CLAIMS OR NON-WAIVABLE CONSUMER RIGHTS.

27. Indemnification; Force Majeure

To the extent permitted by law, you agree to defend, indemnify and hold harmless Vincent Peach and its affiliates, officers, employees and agents from third-party claims arising from your unlawful use of the Site, your material violation of these Terms, your infringement or misappropriation of another person’s rights, or materials/instructions you provide for a custom product. This obligation does not require you to indemnify us for our own negligence, unlawful conduct or other liability that cannot be shifted by law.

We are not responsible for delay or failure caused by events outside our reasonable control, including severe weather, natural disasters, carrier disruptions, war, terrorism, cyberattack, labor disruption, government action, embargoes, material shortages, utility/network failures or similar events. This clause does not excuse refunds, notices or other obligations that applicable law makes non-waivable.

28. BINDING ARBITRATION; CLASS-ACTION WAIVER; JURY-TRIAL WAIVER

Please read this section carefully. Except for the limited exceptions below, you and Vincent Peach agree to resolve covered disputes through individual binding arbitration rather than in court. Arbitration affects the right to a jury trial and to participate in class or representative actions. You may opt out within 30 days after first accepting these Terms.

28.1 Informal Dispute Notice

Before starting arbitration or a lawsuit permitted by this section, the claimant must send the other party a written notice describing the claimant’s name and contact information, the order number if applicable, the facts, the legal basis of the claim if known, and the specific relief requested. Send notices to Vincent Peach Fine Jewelry, Attn: Legal Dispute Notice, 1046 4th Ave. S., Nashville, TN 37210, and by email to info@vincentpeach.com with the subject “Legal Dispute Notice.” We will send notices to the most recent email or mailing address reasonably available for you. The parties will attempt in good faith to resolve the dispute for 30 days after receipt before commencing arbitration, unless a filing deadline requires earlier action.

28.2 Agreement to Arbitrate

If a covered dispute is not resolved informally, either party may elect binding arbitration. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement. Arbitration will be administered by the American Arbitration Association (“AAA”) under the AAA Consumer Arbitration Rules for a consumer transaction, as modified by these Terms, or under another mutually agreed administrator if AAA is unavailable. The arbitrator may award the same individual remedies a court could award, subject to lawful limitations in these Terms. Fees will be allocated under the administrator’s applicable consumer rules and applicable law.

28.3 Individual Proceedings Only

ARBITRATION WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY MAY BRING OR PARTICIPATE IN A CLASS, CONSOLIDATED, COLLECTIVE, PRIVATE-ATTORNEY-GENERAL OR REPRESENTATIVE ACTION IN ARBITRATION. THE ARBITRATOR MAY AWARD RELIEF ONLY TO THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE THAT PARTY’S INDIVIDUAL CLAIM, EXCEPT TO THE EXTENT APPLICABLE LAW REQUIRES OTHERWISE.

28.4 Location and Manner

For a consumer, arbitration may be conducted by documents, telephone, video conference or at a reasonably convenient location consistent with the AAA Consumer Arbitration Rules and applicable law. For a non-consumer commercial dispute, unless otherwise agreed, the arbitration will take place in Davidson County, Tennessee.

28.5 Exceptions

Either party may bring an individual claim in small-claims court if the claim qualifies and remains individual. Either party may seek temporary or preliminary injunctive relief in a court of competent jurisdiction to protect intellectual property, confidential information, account security or prevent imminent misuse, without waiving arbitration of the underlying merits. Claims that applicable law makes non-arbitrable may proceed in court.

28.6 30-Day Right to Opt Out

You may opt out of this arbitration agreement by sending a written notice within 30 days after the date you first accept these Terms. The notice must include your full name, mailing address, email address used for the transaction or account, and a clear statement that you opt out of the arbitration agreement in the Vincent Peach Terms of Service. Send the notice by email to info@vincentpeach.com with the subject “Arbitration Opt-Out” or by mail to Vincent Peach Fine Jewelry, Attn: Arbitration Opt-Out, 1046 4th Ave. S., Nashville, TN 37210. Opting out of arbitration will not affect the other Terms or your ability to purchase.

28.7 Jury-Trial and Class-Action Waiver for Court Proceedings

TO THE FULLEST EXTENT PERMITTED BY LAW, FOR ANY DISPUTE THAT PROCEEDS IN COURT RATHER THAN ARBITRATION, EACH PARTY KNOWINGLY AND VOLUNTARILY WAIVES TRIAL BY JURY. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY ALSO AGREES THAT A COURT CLAIM WILL PROCEED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS UNENFORCEABLE.

28.8 Severability of Arbitration Terms

If a portion of this Section 28 is found unenforceable, it will be severed or narrowed to the minimum extent necessary and the remainder will continue in effect, except that if the prohibition on class or representative arbitration is held unenforceable as to a particular claim and cannot lawfully be severed, then that claim will proceed in court rather than class or representative arbitration, while any severable arbitrable claims remain subject to arbitration.

29. Governing Law and Venue

These Terms and any dispute not governed by the Federal Arbitration Act are governed by the laws of the State of Tennessee, without regard to conflict-of-law principles, except to the extent the law of your residence or another mandatory consumer-protection rule must apply. For any dispute that properly proceeds in court and for which venue can lawfully be selected, the parties consent to the state or federal courts located in or serving Davidson County, Tennessee. Mandatory consumer venue rights are preserved.

30. International and Non-Waivable Consumer Rights

If you are a consumer located in a jurisdiction that grants mandatory rights that cannot be waived by contract, these Terms apply only to the extent consistent with those rights. Nothing in these Terms is intended to deprive you of a mandatory remedy, forum, warranty, cancellation right, privacy right or other protection that applicable law does not permit you to waive.

31. Changes to These Terms

We may update these Terms prospectively. The revised version becomes effective on the date stated at the top, unless a later date is provided. The Terms presented or otherwise applicable when you place an order generally govern that transaction unless applicable law or a mutually agreed written amendment provides otherwise. Material changes will be communicated where required by law.

32. Severability; No Waiver; Assignment; Survival

If a provision is held invalid or unenforceable, the remaining provisions remain effective to the fullest extent permitted by law, subject to the special severability rule for arbitration above. Failure to enforce a provision is not a waiver. We may assign these Terms in connection with a merger, sale, financing, reorganization or transfer of the relevant business, subject to applicable law. Provisions that by their nature should survive termination or completion of a purchase—including payment, intellectual property, disclaimers, limitations of liability and dispute provisions—survive to the extent enforceable.

33. Entire Agreement; Order of Precedence

These Terms, the product page and order-specific written approvals, together with the Privacy Policy and incorporated policies, form the agreement concerning your Site use and purchase. If an order-specific written agreement signed or electronically accepted by both parties expressly conflicts with these Terms, the order-specific agreement controls for that order. A more favorable consumer term expressly stated on the product page or at checkout for a particular purchase will be honored for that purchase to the extent applicable.

34. Contact

Vincent Peach Fine Jewelry
1046 4th Ave. S.
Nashville, TN 37210, United States
info@vincentpeach.com
615-378-1374

Our Commitment

Vincent Peach Fine Jewelry is committed to making our website accessible and usable to as many people as reasonably possible, including people with disabilities. We seek to provide a digital shopping experience that works with common assistive technologies and alternative input methods.

Accessibility Standard

Our ongoing goal is to align the portions of the Site we control with the Web Content Accessibility Guidelines (WCAG) 2.2 Level AA, where reasonably applicable. We do not represent that every page, component, downloadable file or third-party feature is fully conformant at all times. Accessibility is an ongoing process of testing, remediation and improvement.

Accessibility Practices

• Clear and consistent navigation, headings and page structure.
• Text alternatives for meaningful images where appropriate.
• Keyboard access and visible focus indicators for interactive features.
• Reasonable color contrast and readable text.
• Form labels, instructions and error messages intended to work with assistive technology.
• Captions, transcripts or other alternatives for applicable video/audio content where reasonably available.
• Periodic automated and manual testing of major templates and purchase paths.
• Prompt remediation of material barriers identified through testing or user feedback.

Third-Party Content

Some Site functions may be provided by third parties, including checkout, payments, financing, video, reviews, social media or other embedded content. We do not control every aspect of third-party accessibility. Where practical, we seek to select and configure third-party services accessibly and to provide a reasonable alternative path when a critical third-party feature creates a material accessibility barrier.

Need Assistance or Want to Report a Barrier?

If you have difficulty accessing content, completing a purchase or using a feature, contact us at info@vincentpeach.com or 615-378-1374. Please identify the page or feature, the nature of the problem, and your preferred contact method. We will make reasonable efforts to provide the information, product assistance or service through an accessible alternative and to address material barriers.

Ongoing Improvement

We periodically review the Site and may use internal and external testing resources. We welcome constructive accessibility feedback and use it to prioritize improvements. This statement does not limit rights or remedies available under applicable law.

1. Scope

This Cookie & Tracking Notice explains how Vincent Peach Fine Jewelry and service providers may use cookies, pixels, tags, scripts, local storage and similar technologies on www.vincentpeach.com. It should be read together with the Privacy Policy. The categories actually used depend on the Site’s current configuration and your choices.

2. What Cookies and Similar Technologies Are

Cookies are small data files stored on a browser or device. Similar technologies can recognize a browser or device, remember information, secure a session, measure activity, enable embedded content or transmit information about Site use. Some technologies are set by Vincent Peach or the Site platform; others are set by third-party providers whose services are enabled on the Site.

3. Categories We May Use

4. Current Providers and Technology Inventory

The Site uses Shopify as its e-commerce platform and may use additional analytics, advertising, communications, review, wishlist, video and customer-experience providers. Because applications and tags can change, the most current browser-accessible inventory should be maintained in the Site’s Cookie Preferences or consent-management interface. Examples may include Google, Meta, YouTube and other providers only when they are actually enabled. We do not intentionally describe a retired or inactive vendor as currently active.

5. Consent and Prior Blocking Where Required

Where applicable law requires consent before non-essential cookies or similar technologies are activated, the Site is intended to withhold those technologies until the required consent is obtained. Rejecting non-essential categories should prevent or disable the corresponding technologies to the extent technically feasible and legally required. Essential technologies needed for security, cart, checkout, privacy choices or a service you request may remain active.

6. Your Choices

• Use the Site’s Cookie Preferences control, where available, to change non-essential cookie choices.
• Use Your Privacy Choices, where available, to exercise applicable opt-outs for sale, sharing or targeted advertising.
• Use a legally recognized opt-out preference signal such as Global Privacy Control (GPC) where applicable.
• Use browser controls to block, delete or limit cookies; doing so may affect Site functionality.
• Use platform, device or industry opt-out controls where appropriate.

7. Global Privacy Control and Other Preference Signals

Where applicable law requires us to recognize an opt-out preference signal, we process a recognized signal such as GPC as required by law and our technical configuration. A signal generally applies to the browser or device from which it is sent unless applicable law provides otherwise. Traditional Do Not Track signals are not universally standardized and may not be treated as legally binding opt-outs except where required by law.

8. Retention and Cookie Duration

Some cookies last only for a browser session; others remain for a defined period or until deleted. Duration varies by purpose and provider. Where a consent-management interface displays individual technologies, it may provide additional duration information. We seek to limit non-essential retention to periods reasonably appropriate for the stated purpose and applicable legal requirements.

9. Updates

We may update this Notice when technologies, providers or legal obligations change. We will revise the “Last Updated” date. Material changes will be communicated where required or appropriate.

10. Contact

Questions about cookies, tracking or privacy choices may be sent to info@vincentpeach.com or Vincent Peach Fine Jewelry, 1046 4th Ave. S., Nashville, TN 37210, United States.