Legal
These Terms of Use (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and The Cayen Collection (“Cayen Collection,” “we,” “us,” or “our”), a fine jewelry boutique located at Mission Street between 5th & 6th Avenue, Carmel-by-the-Sea, California 93921, governing your access to and use of the website located at cayencollection.com and any related pages, subdomains, or content (collectively, the “Site”).
By accessing or using this Site in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms in their entirety, you must immediately cease use of this Site.
These Terms apply to all visitors, users, and anyone who accesses or uses the Site. Your use of the Site constitutes your agreement to these Terms even if you do not submit an inquiry or make a purchase.
This Site is provided for informational and inquiry purposes related to the fine jewelry and luxury goods offered by Cayen Collection. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site for personal, non-commercial purposes consistent with these Terms.
You agree that you will NOT:
We reserve the right to terminate your access to the Site at any time, without notice, for any conduct that we believe violates these Terms or is otherwise harmful to other users, us, or third parties, or for any other reason at our sole discretion.
All content on this Site — including but not limited to text, photographs, graphics, images, editorial copy, design elements, logos, trademarks, trade dress, and the overall look and feel of the Site — is the exclusive property of Cayen Collection or its content licensors and is protected by United States and international copyright, trademark, trade dress, and other intellectual property laws.
The Cayen Collection name, logo, “Cayen Privé” designation, “The Cayen Edit,” “Soraya Cayen Selects,” and related marks are trademarks and service marks of Cayen Collection. You may not use these marks without prior written consent.
Nothing on this Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any intellectual property without our prior written consent or the consent of the applicable rights holder.
You may print or download a single copy of any page from this Site for your personal, non-commercial informational use only, provided that you keep all copyright and proprietary notices intact. Any other reproduction, modification, distribution, transmission, republication, or display of content on this Site without our prior written consent is strictly prohibited.
All jewelry imagery, designer brand names, and associated intellectual property belonging to third-party designers (including David Webb, Verdura, Victor Velyan, Oscar Heyman, and all others) remain the exclusive property of their respective owners. Cayen Collection’s authorized retailer relationship does not grant any rights in such third-party intellectual property to Site visitors.
Cayen Collection makes reasonable efforts to ensure that the information on this Site is accurate, complete, and current. However, we do not warrant or represent that any information on the Site is accurate, complete, reliable, current, or error-free. The jewelry market is dynamic; availability, pricing, and inventory change continuously.
Specifically:
We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.
THIS SITE AND ALL CONTENT, INFORMATION, SERVICES, AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CAYEN COLLECTION EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION:
(a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT;
(b) ANY WARRANTY THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, OR FREE OF OTHER HARMFUL COMPONENTS;
(c) ANY WARRANTY REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT OR INFORMATION AVAILABLE ON OR THROUGH THE SITE;
(d) ANY WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Some jurisdictions do not allow the exclusion of implied warranties. In such jurisdictions, the above exclusions apply to the maximum extent permitted by law.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CAYEN COLLECTION, ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO:
— Loss of profits, revenue, data, goodwill, or business opportunities
— Personal injury or property damage of any nature
— Unauthorized access to or use of our servers or any personal information stored therein
— Interruption or cessation of transmission to or from the Site
— Bugs, viruses, trojan horses, or other harmful code transmitted through the Site by any third party
— Errors or omissions in any content, or any loss or damage incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available on the Site
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF CAYEN COLLECTION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Data Security Limitation: Cayen Collection employs commercially reasonable security measures to protect information submitted through this Site. However, no electronic system is impenetrable, and the evolving sophistication of digital threats means that no organization can guarantee complete protection against all possible security incidents, cyberattacks, unauthorized access, or data breaches. To the fullest extent permitted by law, Cayen Collection shall not be liable for any breach, theft, interception, or unauthorized disclosure of information that results from events beyond our reasonable control, including but not limited to sophisticated cyberattacks, third-party security failures, zero-day exploits, or acts of malicious actors.
Aggregate Liability Cap: In no event shall Cayen Collection’s total cumulative liability to you for all claims arising out of or relating to these Terms or your use of this Site exceed the greater of: (a) the total amount paid by you to Cayen Collection in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred dollars ($100.00 USD).
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by applicable law.
To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Cayen Collection, its owners, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or related to:
This indemnification obligation will survive these Terms and your use of the Site.
This Site may contain links to third-party websites or resources, including but not limited to cayenhome.com, social media platforms, and designer brand websites. These links are provided solely for your convenience and informational purposes.
Cayen Collection has no control over the content, privacy policies, or practices of any third-party websites. We do not endorse, warrant, or assume responsibility for the content, products, services, or availability of any third-party sites or resources. Your access to and use of any third-party website is at your own risk and subject to that website’s own terms of use and privacy policy.
The inclusion of any link does not imply a relationship, affiliation, or endorsement by Cayen Collection of the linked site or its operators.
Cayen Collection respects the intellectual property rights of others and expects users of the Site to do the same. If you believe that any content on this Site infringes your copyright, please send a written notice to us containing the following information pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512):
DMCA notices should be sent to: concierge@cayencollection.com
Your use of this Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using this Site, you consent to the collection and use of information as described in our Privacy Policy. Please review our Privacy Policy carefully before using this Site or submitting any personal information.
These Terms and any dispute arising out of or related to these Terms or your use of this Site shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.
Jurisdiction: You agree that any legal action or proceeding arising out of or relating to these Terms or your use of the Site shall be brought exclusively in the state or federal courts located in Monterey County, California, and you hereby consent to the personal jurisdiction and venue of such courts.
Informal Resolution: Before filing any claim, you agree to first contact us at concierge@cayencollection.com and attempt to resolve the dispute informally by giving us at least thirty (30) days to respond. This does not waive any rights you may have under applicable law.
Class Action Waiver: To the fullest extent permitted by applicable law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than through arbitration, you waive any right to a jury trial.
Statute of Limitations: Any cause of action arising out of or related to your use of the Site must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Cayen Collection reserves the right to modify, update, or replace these Terms at any time in our sole discretion. When we make changes, we will update the “Last Updated” date at the top of this page. For material changes, we may also provide notice through the Site.
Your continued use of the Site after any change to these Terms constitutes your acceptance of the revised Terms. It is your responsibility to check this page periodically for updates. If you do not agree to any revised Terms, you must cease using the Site immediately.
Severability: If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable under applicable law, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed from these Terms, and the remaining provisions shall continue in full force and effect.
No Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Cayen Collection.
Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Cayen Collection with respect to your use of the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Site.
Assignment: You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may freely assign these Terms without restriction.
Headings: The section headings in these Terms are for convenience only and have no legal or contractual effect.
If you have any questions about these Terms of Use, please contact us:
Mail: The Cayen Collection, Mission Street between 5th & 6th Avenue, Carmel-by-the-Sea, CA 93921
Email: concierge@cayencollection.com
Telephone: (831) 626-2722
These Terms of Use are provided for informational purposes and constitute a legally binding agreement between you and Cayen Collection. Nothing herein constitutes legal advice. Cayen Collection recommends consulting qualified legal counsel regarding specific legal obligations applicable to your situation or jurisdiction.