Online Privacy Notice
Effective Date: 10/27/2017
We at MRK Fine Arts LLC (“Monica Rich Kosann”) respect your concerns about privacy. This Online Privacy Notice describes the types of personal information we collect at www.monicarichkosann.com (the “Site”), how we use the information, with whom we share it and the choices available to users of our Site regarding our use of the information. We also describe the measures we take to protect the security of the information and how you can contact us about our privacy practices.
Notice to California Residents
To the extent required by applicable law, California residents may ask us to provide them with (i) a list of certain categories of personal information that we have disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year, and (ii) the identity of those third parties. To make this request, California residents may contact us as specified in the How to Contact Us section below.
Information we collect
The types of personal information users of our Site may submit include:
- Contact information (such as name, postal address, telephone number and email address);
- login credentials for the Site;
- payment information (such as payment card details);
- purchase and transaction information (including serial numbers for limited edition items); and
- other personal information found in content that users provide, such as through our live chat function.
Information we collect by automated means
We may use third-party web services on our Site, including Google Analytics and Epsilon. The information collected for this purpose (including your IP address or other information collected by automated means) will be disclosed to or collected directly by these third parties for marketing purposes. To learn more about opting out of these providers’ activities, click the relevant link below:
- Google Analytics
How we use the information we collect
We may use the information described above to:
- Provide products and services;
- create and manage your account;
- process your payment;
- send you catalogs and other promotional materials;
- communicate with you about, and administer your participation in, special events, programs, offers, surveys and market research;
- respond to your inquiries;
- perform data analyses (including anonymization and aggregation of personal information);
- operate, evaluate and improve our business (including developing new products and services; enhancing and improving our products and services; managing our communications; analyzing our products and services; and performing accounting, auditing and other internal functions);
- protect against, identify and prevent fraud and other unlawful activity, claims and other liabilities; and
- comply with and enforce applicable legal requirements, relevant industry standards and our policies.
We also may use the information in other ways for which we provide specific notice at the time of collection.
In addition, we use information collected through automated means for purposes such as (i) customizing our users’ visits to our Site, (ii) delivering content (including advertising) tailored to our users’ interests and the manner in which our users browse our Site, and (iii) managing our Site and other aspects of our business. We also may use this information to provide you with ads about our products when you browse this and other websites.
We as Monica Rich Kosann do not have access to your credit card information. If you choose a direct payment gateway (through our site platform and e-commerce platform, Shopify) to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers. For more insight, you may also want to read Shopify’s Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement (https://www.shopify.com/legal/privacy).
When you use application(s) on our Site, we may collect certain usage information by automated means for analytical purposes. Information will only be collected about the usage of the technology, but we will not collect information regarding the content uploaded.
Any .JPG image files submitted to our “Locket Personalization Application” will not be retained by the Site. For privacy reasons, images uploaded for photo resizing will be removed from our server once the application session is ended. We do not retain any rights to images uploaded for Locket Personalization.
You may see our ads on other websites based on your visits to the Site because we engage in retargeting. For example, if you view a particular product on the Site, you may see an ad for that product on a third-party website. Our retargeting activities are handled by service providers that track your activity on the Site and third-party sites (using automated means such as cookies). Accordingly, we and our service providers may collect information about our visitors’ online activities over time and across third-party websites. To learn how to opt out of retargeting, CLICK HERE.
Our Site is not designed to respond to “do not track” requests from browsers.
Information we share
We do not sell or otherwise disclose personal information we collect about you, except as described in this Online Privacy Notice. We may share personal information with service providers who perform services on our behalf based on our instructions. We do not authorize our service providers to use or disclose the information except as necessary to perform services on our behalf or comply with legal requirements. We also may share certain personal information with our affiliates for the purposes described in this Online Privacy Notice. In addition, we may share personal information with third parties whose products or services may interest you.
We also may share personal information with third-party database providers that other companies may use for their own purposes, including marketing. You have the option to prevent disclosure of your information in connection with a marketing database. Accordingly, you may object at any time free of charge to the use of your personal information in connection with a marketing database or withdraw any consent you previously provided to us and we will apply your preferences going forward. If you do not wish for your personal information to be used in connection with a marketing database for direct marketing purposes, you may ask us to opt out of this use by contacting us as indicated in the “How To Contact Us” section of this Online Privacy Notice.
In addition, we may disclose information about you (i) if we are required to do so by law or legal process, (ii) to law enforcement authorities or other government entities, and (iii) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss, or in connection with an investigation of suspected or actual fraudulent or illegal activity. We also reserve the right to transfer personal information we have about you in the event we sell or transfer all or a portion of our business or assets (including in the event of a reorganization, dissolution or liquidation).
Your rights and choices
We offer you certain choices in connection with the personal information we collect from you. To update your preferences, ask us to remove your information from our mailing lists or submit a request, please contact us as indicated in the “How To Contact Us” section of this Online Privacy Notice. To the extent provided by the law of your jurisdiction, you may request access to the personal information we maintain about you or request that we correct, amend, delete or block the information by contacting us as indicated below. Where provided by law, you may withdraw any consent you previously provided to us or object at any time on legitimate grounds to the processing of your personal information, and we will apply your preferences going forward.
We may transfer the personal information we collect about you through the Site to countries other than the country in which the information originally was collected, including to the United States. Those countries may not have the same data protection laws as the country in which you initially provided the information. When we transfer your information to other countries, we will protect that information as described in this Online Privacy Notice.
How we protect personal information
We maintain administrative, technical and physical safeguards designed to protect the personal information you provide on the Site against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use.
Links to other websites
Our Site may provide links to other websites for your convenience and information. These websites may operate independently from us. Linked sites may have their own privacy notices or policies, which we strongly suggest you review. To the extent any linked websites are not owned or controlled by us, we are not responsible for the websites’ content, any use of the websites, or the privacy practices of the websites.
Updates to our online privacy notice
This Online Privacy Notice may be updated periodically and without prior notice to you to reflect changes in our personal information practices. We will post a prominent notice on our Site to notify you of any significant changes to our Online Privacy Notice and indicate at the top of the notice when it was most recently updated.
How to contact us
If you have any questions or comments about this Online Privacy Notice, or if you would like us to update information we have about you or your preferences, please contact us by email at SHOP@MONICARICHKOSANN.COM. You also may write to:Monica Rich Kosann
Terms & Conditions
Last Updated: 10/27/2017
Welcome to the MRK FINE ARTS LLC (Monica Rich Kosann) web site. Please read these Terms of Sale (“Terms of Sale”) prior to making an online purchase from MRK Fine Arts LLC (“Monica Rich Kosann,” “we,” “us” or “our”) through our website, WWW.MONICARICHKOSANN.COM (the “Site”). By accessing this site, or purchasing items through our Site, you agree to be bound by these Terms of Sale and our TERMS & CONDITIONS. If at any time, you do not agree to all of the terms and conditions set forth in these Terms of Sale, please do not purchase any items from our Site.
We reserve the right to change or modify our Terms of Sale at any time and at our sole discretion. If we make changes to these Terms of Sale, we will post those amended Terms of Sale to our Site and revise the “Last Updated” date above. We encourage you to review these Terms of Sale prior to making any purchase through the Site to allow you to understand the terms and conditions that apply to your purchase.
1. Transactions Availability, Pricing
All items offered for sale through the Site are subject to availability. We reserve the right to limit the quantity of items purchased on any order, reject all or any part of an order, and discontinue offering items without prior notice, even if you have already placed an order for an item. All prices are shown in U.S. dollars and applicable Taxes (as defined below) and other charges, if any, are additional. All prices are subject to change without notice. In the event that an item you are interested in purchasing is not listed on the Site or is listed as "Please Call for Availability" on the Site, it may not be available for ordering from our online inventory, but may be available within a short time window. Please contact our customer support team at 1-800-251-3141 or email us at SHOP@MONICARICHKOSANN.COM.
You are responsible for any sales, use, duty, or other governmental taxes or fees (“Taxes”) due with respect to your purchase of items through the Site. We will collect applicable Taxes if we determine we have a duty to collect such Taxes. We will present an estimate of Taxes to be collected at checkout. The actual taxes charged may be adjusted from the amount shown at checkout. Several factors may cause this adjustment, such as variances between processor programs and changes in rates of Taxes.
By providing a credit card or other payment method accepted by us, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your order (including any applicable Taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your order. In the event you would like to change or update payment information associated with your account on the Site, you can do so at any time by logging into your account and editing your payment information. If any of the items in your order are unavailable, we will charge only the prices, Taxes and other applicable charges associated with the items that are included in the shipment.
4. Shipping and Handling
You agree to pay any applicable shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time; however, we will provide notice of the changes applicable before you make any purchase. Any delivery dates or times shown as part of the checkout process are estimates only and are not guaranteed. Unless we state otherwise, risk of loss or damage to an item passes to you upon delivery of the item to your specified delivery location. For any further information regarding shipping, please contact us by filling out the form on our EMAIL US page. For more information about shipping and handling fees, including international shipping, please see our SHIPPING & RETURN POLICIES.
Please note that due to import restrictions, jewelry cannot be shipped to the following countries : Albania, Algeria, Andorra, Angola, Azerbaijan, Bangladesh, Belarus, Botswana, Bulgaria, Burundi, Republic of Congo, Czech Republic (*gold jewelry is prohibited), Djibouti, Dominican Republic, Estonia, Gabon, Gambia, Guadeloupe, Guinea, India, Iraq, Israel, Kuwait, Lativa, Libya, Lithuania, Luxembourg, Moldova, Montenegro, Nepal, Nigeria, Pakistan, Palestine, Paraguay, Reunion, Russia, Rwanda, Senegal, Serbia, Syria, Togo, Tunisia and Yemen.
5. Returns, Exchanges and Refunds
We want you to be completely happy with the items you order from us. If for any reason you are not satisfied with an item you purchase through the Site, you may return such item in its original condition within 30 days for a full refund. We will pay the return shipping costs for items received in error or items to be exchanged. Please note that customized, engraved and discounted items are not eligible for returns. You may elect to: (i) exchange the item for another item available for purchase through the Site, (ii) receive a refund in the amount you paid for the item, or (iii) receive a merchandise credit in the amount you paid for the item that may be applied to your purchase of another item through the Site. If you return an item to us after such 30-day return period, but between 30 and 90 days of the date on which the item was delivered to you, you may still return the item and elect either to exchange the item for another item available for purchase through the Site or to receive a merchandise credit in the amount you paid for the item that may be applied to your purchase of another item through the Site.
To return an item you purchased through the Site, please complete the PROCESS A RETURN section of the Site whether you wish to exchange the item or to receive a refund or merchandise credit in the amount you paid for the item pursuant to these Terms of Sale. Please ship your return, prepaid and insured, to us at:Monica Rich Kosann
You can expect to receive your refund within two weeks of giving your package to the return shipper, however, in many cases you will receive a refund more quickly. This time period includes the transit time for us to receive your return from the shipper (5 to 10 business days), the time it takes us to process your return once we receive it (3 to 5 business days), and the time it takes your bank to process our refund request (5 to 10 business days). Please note that any item purchased in a Monica Rich Kosann boutique may be returned only to the boutique at which such item was purchased and must be returned within 14 days accompanied by your sales receipt.
Please note that all refunds will be issued to the original form of payment, except that cash purchases will be refunded by a company check from Monica Rich Kosann. All items returned to us must be unaltered, unworn and in saleable condition. In addition, all returned items must include the original packaging in good condition and all associated tags. Please note that used items are not eligible for return unless such items are defective. Some exclusions may apply.
We always attempt to be as accurate as we can with all information presented and to promptly change or delete errors on our Site; however, we do not represent or warrant that the descriptions, pricing or other information on the Site is accurate, complete, reliable, current or error-free. In the event of an error, we reserve the right to correct such error and revise your order accordingly (which includes charging the correct price) or to cancel your order and refund any amount charged. Please note that:
- If the correct price of an item you purchase through the Site is lower than our stated price, we will charge you the lower amount when your order is shipped.
- If the correct price of an item you purchase through the Site is higher than our stated price, we will, at our discretion, contact you for instructions before shipping. If we are unable to contact you after 15 days, we will cancel your order and notify you of such cancellation.
7. Disclaimers & Limitation of Liability
The information, services, products offered for sale and materials contained in and/or advertised on the Site 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, title, and non-infringement.
You understand and agree that, to the fullest extent permitted by applicable law, MRK Fine Arts LLC and its officers, directors, agents, partners and employees will not be liable to you under any theory of liability—whether based in contract, tort, negligence or otherwise—for any indirect, consequential, incidental, or special damages or lost profits that may be incurred by you, arising out of or in any way connected to these Terms of Sale or the use of, or inability to use, any items purchased through the Site, including, without limitation, any damages caused by or resulting from reliance by you on any information or items obtained from us, whether or not MRK Fine Arts LLC has been advised or should have been aware of the possibility of any such losses. You understand and agree that, to the fullest extent permitted by applicable law, the Monica Rich Kosann Parties’ total liability in connection with the items purchased through the Site and these Terms of Sale will not exceed the amount you actually paid to Monica Rich Kosann for such items purchased.
All content and materials on the Site, such as text, graphics, logos, button icons, images, audio clips and software, is owned, controlled or licensed by John Hardy and protected by U.S. and international copyright laws. Permission is granted to electronically copy and print hard copy portions of the Site for the sole purpose of placing an order on the Site or using the Site as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content of the Site is strictly prohibited.
9. Governing Law
These Terms of Sale and your purchase of items through the Site will be governed by and construed in accordance with the laws of the State of Connecticut, without regard to conflict of law principles. You hereby irrevocably consent to the jurisdiction and venue of the federal and state courts located in Connecticut with respect to any dispute related to these Terms of Sale or your purchase of an item through the Site that is not subject to arbitration under these Terms of Sale.
If any provision of this agreement is determined to be unlawful, void or unenforceable, the remaining provisions of the agreement will continue to be fully valid, binding, and enforceable.
If you have any questions regarding these Terms of Sale, please contact us at firstname.lastname@example.org