Terms and agreement
Fortuna & Co
Luxury Fine Jewelry
Terms & Conditions
Effective Date: September 4, 2025
1. Introduction
Welcome to Fortuna & Co ("Company," "we," "us," or "our"). These Terms and Conditions ("Terms," "Terms of Service") govern your use of our website fortunaandco.com and all related services, including but not limited to the purchase of fine jewelry, custom jewelry design services, precious metals trading, and all other products and services offered by our company.
By accessing our website, placing an order, or engaging our services, you ("Client," "Customer," "User," or "you") acknowledge that you have read, understood, and agree to be legally bound by these Terms and Conditions in their entirety. If you do not agree to these terms, you must immediately discontinue use of our services and website.
2. Company Information
Fortuna & Co is a luxury fine jewelry company located in Southern California, United States. We specialize in custom jewelry design, precious metals trading, diamond procurement, luxury timepieces, and premium home-goods. Our business operates under the laws of the State of California and the United States of America.
All business operations, including but not limited to manufacturing, design, sales, and customer service, are conducted from our Southern California facilities and authorized representatives.
3. Products and Services
3.1 Product Categories
Our products and services include, but are not limited to:
- Custom fine jewelry design and manufacturing
- Premium diamonds (natural and laboratory-grown)
- Precious metals (gold, platinum, silver)
- Luxury timepieces and watches
- Gemstones and precious stones
- Jewelry repair and restoration services
- Gold and precious metals trading and scrap services
- Jewelry appraisal services
3.2 Product Specifications
IMPORTANT: All prices, designs, materials, specifications, availability, and product descriptions are subject to change without prior notice. Precious metal prices fluctuate daily based on global market conditions. Diamond and gemstone prices vary based on market availability, quality, and other factors beyond our control.
3.3 Custom Design Services
Custom jewelry orders require detailed consultation and approval processes. All custom work is considered final sale and cannot be returned, exchanged, or refunded once production begins. Clients must approve all design renderings, materials, and specifications before manufacturing commences.
4. Pricing and Payment Terms
4.1 Pricing Policy
All prices displayed on our website or quoted by our representatives are subject to change without notice. Precious metal and gemstone prices fluctuate daily based on global market conditions. Final pricing will be confirmed at the time of order placement and payment processing.
4.2 Payment Requirements
Payment terms vary by product and service type:
- Custom Orders: 50% deposit required upon order confirmation, with balance due before delivery
- In-Stock Items: Full payment required before shipping
- High-Value Items (>$10,000): Wire transfer or certified funds may be required
- Precious Metals Trading: Settlement terms to be agreed upon per transaction
4.3 Late Payment
Late payment fees of 1.5% per month (18% annually) or the maximum rate allowed by law, whichever is less, may be applied to overdue balances. We reserve the right to suspend services for accounts with overdue payments.
5. Orders and Fulfillment
5.1 Order Acceptance
All orders are subject to acceptance and verification. We reserve the right to refuse or cancel any order at our sole discretion, including but not limited to cases involving:
- Pricing errors or system malfunctions
- Product unavailability
- Credit verification issues
- Suspected fraudulent activity
- Inability to verify customer identity
5.2 Production Timelines
Production timelines are estimates only and may vary based on design complexity, material availability, and current production schedule. Rush orders may be accommodated for additional fees, subject to availability and feasibility.
5.3 Shipping and Insurance
All shipments are fully insured and require signature confirmation. Shipping costs are additional unless otherwise specified. Risk of loss transfers to customer upon delivery confirmation. International shipping may be subject to additional customs duties, taxes, and regulations.
6. Returns, Exchanges, and Warranties
6.1 Custom and Made-to-Order Items
FINAL SALE: All custom jewelry, made-to-order items, and personalized products are FINAL SALE and cannot be returned, exchanged, or refunded under any circumstances once production begins.
6.2 In-Stock Merchandise
In-stock, non-custom items may be returned within 14 days of delivery, subject to the following conditions:
- Items must be unworn and in original condition
- Original packaging and documentation must be included
- Return authorization must be obtained before shipping
- Customer responsible for return shipping and insurance costs
- Restocking fee of 15% may apply
6.3 Warranty
We provide a limited warranty against manufacturing defects for a period of one (1) year from delivery. This warranty does not cover normal wear, damage from misuse, accidents, or modifications not performed by our company. Warranty service may require return of the item to our facilities.
7. Intellectual Property Rights
7.1 Company Property
All content on our website, including but not limited to text, graphics, logos, images, designs, and software, is the exclusive property of Fortuna & Co and is protected by United States and international copyright, trademark, and intellectual property laws.
7.2 Custom Design Rights
While clients own the physical jewelry created for them, Fortuna & Co retains all intellectual property rights to design concepts, methodologies, and techniques. We reserve the right to photograph completed pieces for marketing purposes unless specifically agreed otherwise in writing.
8. Limitation of Liability
IMPORTANT LIABILITY LIMITATION: To the fullest extent permitted by California law, Fortuna & Co's total liability for any claim arising out of or relating to these Terms or our services shall not exceed the amount paid by the customer for the specific product or service giving rise to the claim.
8.1 Excluded Damages
In no event shall Fortuna & Co be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:
- Lost profits or business opportunities
- Emotional distress or sentimental value claims
- Third-party claims or damages
- Delays in delivery or service
- Market fluctuations affecting precious metal or gemstone values
8.2 Client-Provided Materials
When clients provide materials (gemstones, metals, heirloom pieces), they assume full risk of loss, damage, or breakage during handling, setting, or manufacturing processes. We maintain appropriate insurance but our liability is limited to the declared value agreed upon in writing before work begins.
9. Force Majeure
Neither party shall be liable for any failure or delay in performance under these Terms that is due to or results from acts beyond the affected party's reasonable control, including but not limited to:
- Acts of God, natural disasters, earthquakes, floods, fires, or severe weather
- War, terrorism, civil unrest, or government actions
- Pandemic, epidemic, or public health emergencies
- Labor strikes, work stoppages, or shortages
- Supply chain disruptions or material shortages
- Power outages, internet failures, or technology disruptions
- Changes in laws, regulations, or government policies
The affected party shall provide prompt notice of such events and use reasonable efforts to minimize their impact and resume performance as soon as practicable.
10. Privacy and Data Protection
10.1 California Privacy Rights
As a California-based business, we comply with the California Consumer Privacy Act (CCPA) and California Civil Code Section 1798.83 ("Shine the Light" law). California residents have the right to request information about how we share personal information with third parties for direct marketing purposes.
10.2 Data Security
We implement appropriate technical and organizational measures to protect personal and financial information. However, no method of electronic transmission or storage is 100% secure, and we cannot guarantee absolute security.
11. Governing Law and Dispute Resolution
11.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of California and the United States of America, without regard to conflict of law provisions.
11.2 Jurisdiction and Venue
Any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in California. Both parties consent to the personal jurisdiction of such courts and waive any objection to venue.
11.3 Alternative Dispute Resolution
Before initiating formal legal proceedings, parties agree to attempt resolution through good faith negotiations. If unsuccessful, disputes may be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules.
12. Modifications to Terms
We reserve the right to modify, update, or replace these Terms at any time in our sole discretion. Material changes will be communicated to customers via email notification to the address on file and/or prominent notice on our website.
Your continued use of our services after any modification constitutes acceptance of the revised Terms. If you do not agree to the modified Terms, you must discontinue use of our services immediately.
13. Severability and Entire Agreement
13.1 Severability
If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions shall continue in full force and effect. The unenforceable provision shall be replaced with a valid provision that most closely approximates the intent of the original provision.
13.2 Entire Agreement
These Terms, together with our Privacy Policy and any written agreements for specific services, constitute the entire agreement between the parties and supersede all prior negotiations, representations, or agreements relating to the subject matter herein.
Contact Information
For questions regarding these Terms and Conditions or any of our services, please contact us:
"Crafting Excellence in Every Precious Moment"