Last updated: September 2026
These Terms of Use ("Terms") govern your access to and use of vivieandkate.com (the "Site"), operated by Vivie & Kate NY, LLC, a company organized under the laws of New Jersey with a registered address at 107 Coccio Drive, West Orange, New Jersey 07052 ("Vivie & Kate," "we," "us," or "our"). By accessing or using the Site, placing an order, or creating an account, you agree to be bound by these Terms. If you do not agree, please do not use the Site.
The Site exists to showcase and sell our fine jewelry, diamonds, and gemstones, and to let clients request custom, made-to-order pieces. We make every effort to display our products, including color, carat weight, clarity, and cut, as accurately as possible. Because natural diamonds and gemstones are unique, and because photography and screen settings vary, slight variations between the Site and the physical piece may occur. Prices are listed in U.S. Dollars and are subject to change without notice. We reserve the right to correct pricing errors, limit quantities, and refuse or cancel any order at our discretion, including after an order has been placed, in which case we will issue a full refund.
If the Site allows you to submit content (such as a custom-piece request, a product review, or a message through our contact form), you confirm that you own or have the right to submit that content, and you grant us a non-exclusive, royalty-free license to use it solely to respond to your request, fulfill your order, or, with your separate consent, for marketing purposes. We may remove any submitted content at our discretion.
All content on the Site, including photographs, product descriptions, logos, and design, is the property of Vivie & Kate NY, LLC or its licensors and is protected by U.S. and international intellectual property laws. You may not reproduce, distribute, or create derivative works from this content without our prior written consent.
All orders are subject to acceptance and availability. Payment is processed securely through our third-party payment processor (Stripe); we do not store your full card details on our servers. Sales tax is calculated and applied where required by law. Custom and made-to-order pieces (including requests submitted through "Make Your Own Piece") are produced specifically for you following confirmation of design, materials, and price. Because these pieces are made to your specifications, they are final sale and not eligible for return except in the case of a manufacturing defect, unless otherwise agreed in writing at the time of order.
Shipping timelines, insured delivery, and our return policy are described in full on our Shipping & Returns page, which forms part of these Terms.
If you create an account, you are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Notify us immediately at regina@vivieandkate.com if you suspect unauthorized use.
The Site and its content are provided "as is" and "as available," without warranty of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement, except as expressly stated in these Terms or required by law.
The Site may contain links to third-party websites for your convenience. We do not control and are not responsible for the content, products, or privacy practices of any linked site. Linking to a third-party site does not imply our endorsement of it.
We aim to keep the Site available at all times but do not guarantee uninterrupted access. We may suspend, restrict, or terminate access to the Site, in whole or in part, for maintenance, security, or any other reason, without liability to you.
To the fullest extent permitted by law, Vivie & Kate NY, LLC shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of the Site or purchase of our products. Our total liability for any claim arising from a purchase is limited to the amount you paid for the product giving rise to the claim.
Our collection and use of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference.
You agree to indemnify and hold Vivie & Kate NY, LLC, its owners, and employees harmless from any claim, liability, or expense (including reasonable attorneys' fees) arising from your violation of these Terms or your misuse of the Site.
If you have a concern about an order, a piece you've received, or the Site itself, please contact us first at regina@vivieandkate.com with your order number and a description of the issue. We aim to acknowledge every complaint within 2 business days and work with you directly toward a resolution.
Before pursuing formal action, you agree to contact us at regina@vivieandkate.com so we can attempt to resolve the dispute informally and in good faith. These Terms are governed by the laws of the State of New Jersey, without regard to its conflict of law principles. Any dispute that cannot be resolved informally will be brought in the state or federal courts located in New Jersey, and you consent to the personal jurisdiction of those courts.
If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force. Our failure to enforce any provision is not a waiver of our right to do so later. These Terms, together with our Privacy Policy and Shipping & Returns page, constitute the entire agreement between you and Vivie & Kate NY, LLC regarding the Site. You may not assign these Terms without our consent; we may assign them freely in connection with a merger, acquisition, or sale of assets.
We may update these Terms from time to time. The "Last updated" date above reflects the most recent revision. Continued use of the Site after changes are posted constitutes acceptance of the updated Terms.
Questions about these Terms can be sent to regina@vivieandkate.com.