Please take a moment to read and review these Terms of Use and the Privacy Policy below, which are incorporated into the Terms of Use. 

www.ishinewyork.com is both owned and operated by Ishi & Co. By using or accessing the Website, you agree to be bound by the Terms of Use and to follow the rules. If you don't agree with any of the information in the Terms of Use or the Privacy Policy, you should not use the Website. The Company reserves the right to alter these Terms of Use periodically without any notice beforehand. 

Use of Website

The Company allows you to make non-commercial and personal use of the Website subject to your compliance with the Terms of Use. You cannot use this Website for the purpose of resale or other commercial applications. This includes without any limitation the use of any services, information or Content on the Website like descriptions, product listings or prices. You cannot create any derivative uses of the service, Content or information on this Website for a third party. You also cannot use bots, robots, data mining or other data gathering and extraction tools for this Website. 

You agree that you will not use this Website, its services or its Content for any prohibited or illegal purpose. You are not allowed to access data that is not meant for you, and you cannot log into an account that you do not have the authorization to access; try to breach the security measures; interfere in any capacity with the access or use of this Website, attempt to decompile, decipher, disassemble or reverse engineer any of the software that is used on or by the Website; or use any software, engine, tool or similar mechanism, including without limit any spiders, robots or browsers to search or navigate the Website. 

You hereby agree to not manipulate identifiers such as forging headers to disguise the origin of any transmittal or message you send to the Company on or through the Website, nor through any service offered through the Website. You agree that you will not impersonate any other person or claim falsely to represent another person. 

All rights that are not granted expressly to you in these Terms of Use are retained and reserved by the Company. 

Your Account

To make a purchase, you must first create an account. Review the Privacy Policy information regarding making an account. By creating an account, you can review your order history, check order status, save billing and shipping information for faster checkouts, generate product wish lists online and manage subscriptions you may have. You can also log in and make payments using other supported platforms. 

You are responsible for maintaining the confidentiality of your account, including your privacy settings and your password. You agree that you will take responsibility for any activity that happens under your account using your password. 

Electronic Communication

By using the Website or sending emails to the Company, you consent to receive correspondence from us through notices posted on the Website or by sending emails. You agree that any notice, disclosure, agreement or other form of communication that is provided to you electronically will satisfy any legal requirement that this type of communication must be in writing. 

Intellectual Property Owned by Ishi & Co.

All Content that is found on this Website, including information, text, prices, descriptions, graphics, page headers, copy, photographs, artwork, logos, images, button icons, video clips, audio clips, data compilations and other such Content remains the property of the Company and is protected by law. This Website, various portions of it and any Content are all protected by copyright laws. You cannot reproduce, copy, modify, download, post, transmit, broadcast, display or distribute it in any sense, in whole or in part, without first receiving written consent from the Company. 

Furthermore, unless it has been otherwise noticed as the property of a third party, all service marks, trademarks, logos, trade dress and icons found on the Website are the exclusive property of the Company and their respective owners. 

Nothing found in these Terms of Use or any of the other information on this Website is meant to give you any right to use, or create a license to use, any of the intellectual property or other Content on this Website without first receiving the written permission of the Company. The Company enforces its intellectual property rights actively and to the fullest extent of the law. 

Third Party Affiliates

The Company may use third party companies to advertise or personalize our ads when you use our Website. Such companies might use information about your visits to this site and other sites in order to give you advertisements on this site and other sites regarding information that might be of interest to you. This information does not include your name, telephone number, email address or address. 

We will never sell any of your personal identifiable information that you give the Website on the payment page or when you make an account on the Website. This includes your name, address, phone number(s), credit card information, gender or birthday. 

This Website may provide links to third party sites like Instagram, Facebook, Twitter, Pinterest, LinkedIn, YouTube and various advertisements. The Company assumes no liability and takes no responsibility for any warranties, Content, purchase, representations or statements and activities made on or in relation to third party sites. 

SMS Communication

If you choose to receive marketing texts from the Company, either through our site or by sending text messages to indicate your consent, you are thereby providing your express permission to receive promotional SMS text messages from us, as well as recurring marketing text messages (both referred to as "Text Message" henceforth). These messages come through an automatic dialing system. These may include messages such as cart abandonment messages. Message frequency will vary. This service is completely optional and is not a condition for you to complete a purchase. You can opt out of receiving these Text messages at any time. You may do so by replying "STOP" to any Text Message that is received. If you want help, simply reply "HELP" to any Text Message that is received.

Furthermore, alongside any fee you may be notified of, the message and data rates of your mobile provider may apply to confirmation of Text messages and any Text Message correspondence in accordance to your wireless carrier's individual rate plan. Please review your mobile carrier's cost to figure out the charges for browsing data and for receiving or sending Text Messages. We, nor our affiliates, will be responsible under any circumstance for any SMS messaging or other wireless charges that are incurred by a person that has access to your telephone number or wireless device, including yourself. If your carrier does not allow SMS messages to be sent or received, then you will not receive any Text Messages. Both the wireless carrier and the Company are not responsible for any delays in your receipt of the Text Messages or any failure to deliver. Delivery is subject to effective transmission from your specific network operator. The Text Message service is provided on an "as is" basis. 

Data that is taken from you in relation to any Text message service might include your provider's name, your cell phone number, the time, date and Content of your messages. We may use this information to contact you and give you the services you request from us in accordance with our Privacy Policy. If you want more information on how telephone numbers are used, please review our Privacy Policy. If you deactivate or change the phone number you have once provided, you are responsible for updating the information on your account, including phone numbers, to stop us from accidentally communicating with anyone who may now be using your telephone number. Any new number that is attached to the account may receive any standard marketing text messages unless you unsubscribe to them using the procedures mentioned above. 

Breach of Security

The Company takes your information seriously and will protect your information to the best of our ability. That said, you understand that there are still ways that third party sites can steal information or hack into any Website. You agree that the Company isn't responsible for any consequences that come about from hacking, data breaches and similar occurrences when third parties access information from the Company or the Website. 

Product Pricing and Information: Errors and Omissions

Information on this Website might have typographical errors and other inaccurate information and may not be current or complete. We reserve the right to correct any inaccuracies, omissions or errors and to update or otherwise change information at any given time without any notice beforehand, including after an order has been submitted. Please note that these omissions, inaccuracies or errors might relate to a product description, price or availability. We also retain the right to limit the quantities, including after an order has been submitted by you. 

Prices and availability of the products on this Website may change without any notice. The Website has a large number of products and despite our best efforts, it is possible that some of the products on this Website might be priced incorrectly. We are under no obligation to give the product to you at the incorrect price even after we have sent the Shipping Confirmation or Order Confirmation. This is true even if the pricing error is unmistakable and obvious and could have been recognized by you, the customer, as a pricing error. Please understand that all sales are final on Sale and Off Price Items and there no pricing adjustments will be permitted. 

We have done our best to portray the colors of the products on this Website as accurately as possible. That said, since the colors you see are dependent on a few factors such as your monitor, we cannot promise that the display of the colors will always be accurate. We do not guarantee that the product descriptions are complete, accurate, reliable, current or free of errors. If a product that is offered by this Website isn’t as it is described, your only solution is to return it for a refund in unused condition, subject to the return policies. 

Mobile

The Website has many features and services that are available on certain mobile devices. The normal rates and fees of your carrier apply. Not all mobile services or features on this Website will work with all carriers or device types. By using our mobile services, you agree that the Company can communicate with you by electronic methods to the mobile device. You also agree that certain information about how you use these services could be shared with us. If you deactivate or change your mobile phone number, you must update the account information promptly, so your messages are not being sent to an incorrect party. 

Disclaimer of Warranties and Limitations of Liability 

This Website and one Content, products, information, materials or services included on or made available to you through the Website are provided on an “as available” and “as is” basis. 

Ishi & Co. makes no warranties or representations of any kind, implied or express, concerning the Website, its products, its Content or its services. The Company disclaims all warranties, implied or express, to the full extent permissible by law, including but not limited to implied warranties, non-infringement or fitness for a certain purpose. 

You expressly agree that using this Website and its services is something you do at your own sole risk. Under no circumstances will the Company ever be responsible for damage that comes from you using this Website, from your use of any service by the Company or from any product, information, Content or material that is included or otherwise made available to you on this Website. This includes but is not limited to indirect, direct, incidental, consequential or punitive damages, even if we have been previously advised of the chance of such damage occurring. 

Without limiting the foregoing, there are no circumstances where the Company will be held liable for any failure in performance as a result, indirectly or directly, of circumstances that are not under our reasonable control.  This includes without any limitation computer equipment, internet delays or failures, computer failures, telecommunication failures, electrical power failures, labor disputes, strikes, equipment failures, insurrections, riots, shortages of labor or materials, civil disturbances, floods, fires, storms, acts of God, acts of nature, war, explosions, orders of domestic or foreign courts, governmental actions and the non-performance of a third party. 

If there are any issues with the goods that are shipped to you, including incorrect shipments, damage, etc., you agree that your rights are limited to only receiving a refund of the price that you paid for the damaged goods. You will waive all other causes of action in any remedy or other nature. 

The Website does not sell any products that are meant for purchase by children. The Company may still sell children’s products intended to be purchased by adults. The Website is not meant to be used by, nor directed to, any people under the age of 18. We retain the right to refuse service to anyone for any reason or no reason whatsoever. 

The Company does not warrant the products, information, services, materials, Content or other services included on or otherwise made available through the Website, servers or electronic communications have no harmful components, such as viruses. 

If you are unhappy with any of the Content on this Website or with the Terms of Use, your only solution is to stop using this Website. 

Any Content that is provided in relation to any properties of any jewelry or stone piece or other such Company product is only for entertainment purposes. They are not scientific and should not be treated as any sort of medical advice or otherwise relied on for any purpose. 

This disclaimer of warranties and limits of liability applies to the extent that is not prohibited by law. Certain state laws don’t let limitations on implied warranties come to pass, nor do they allow the limitation of certain damages. If such laws apply to you, some or all of the exclusions, disclaimers or limitations mentioned above might not apply to you. In these cases, you may have additional rights. 

General Provisions

The provisions of these terms remain in effect even with the termination of the relationship with you and the Company. 

Indemnification: You agree to indemnify, defend and hold harmless the Company and its affiliates if the Privacy Policy or Terms of Use are violated. 

Severability: If the provisions herein are thought void, invalid or unenforceable, this provision is deemed severed and won’t affect remaining provisions. 

Worldwide Applicability: The provisions in these Terms of Use apply worldwide. 

Effective Date and Updates

The effective date of the Terms of Use is 2024. We might update the Terms of Use at any time. Updates will be made available on the Website.