Terms of Service


Last Updated: April 15th, 2025

A. Introduction

Welcome to Nicole McKibben Jewelry Inc. dba Nicole McKibben Bespoke Jewelry (“NMBJ”). Throughout the website, the terms “we”, “us”, and “our” refers to Nicole McKibben Jewelry Inc. By accessing or using the tools and information available on this website, booking a consultation for a custom piece, or purchasing jewelry from us, you engage in our “Service(s)” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”).

Please read these Terms carefully before using the website, booking a consultation, or making a purchase. If you do not agree to be bound by these Terms, you may not access the website or use any of our Services.

B. Custom Orders & Design Process

All bespoke jewelry projects follow a structured process, including consultation, stone selection, design, and production stages which are provided in detail as follows:

1. Consultation

During the consultation, we will learn more about your goals and specifications for your bespoke jewelry. We may ask for inspiration photographs or review our past designs. If you choose to move forward with the custom piece after consultation, a $200.00 nonrefundable deposit will be required (“Initial Deposit”). The Initial Deposit will be applied toward your final purchase.

2. Material Sourcing

After consultation, we will begin sourcing the diamond, gemstone, or other materials, as applicable to the custom piece. During this process, we will provide multiple options for your selection. Depending on the stone value and supplier, we may require an additional deposit to hold the stone. Once you have selected a stone, changes to the stone and materials may incur additional costs.

3. Design

The next stage involves design of the jewelry setting. After a design is complete by our designer, you will be provided a CAD design form (“Design Form”) detailing the piece and estimated price for your review and acceptance. Once the Design Form is signed and returned, the design will proceed to production. Any changes to the design after acceptance and return of the design form may not be possible or may incur additional costs. If a custom piece is canceled before production, the Initial Deposit and any additional required deposits remain non-refundable, but no further charges will be incurred.

4. Production

Finally, the selected stone and approved design will go through the production stage to create your bespoke piece. Once complete, you will be sent a final invoice including all fees for the custom piece “Final Invoice”. The Final Invoice will be inclusive of taxes as applicable. This invoice must be paid in full prior to delivery of the custom piece.

5. Delivery

Custom pieces are available for local pick-up in New York City, New York. NMBJ also offers insured domestic shipping for custom pieces through FedEx for an additional cost of $100.00. Shipping fees pay be included in the final invoice if requested prior to completion of the custom piece. Nicole McKibben Jewelry Inc. is not responsible for delays due to shipping carriers or customs processing.

C. Estimated Timeline

Due to the nature of custom jewelry, the estimated time for creation of bespoke pieces vary based on complexity and responsiveness but typically takes 8-12 weeks from the initial consultation to production.

D. Payments

The Initial Deposit and any additional required deposit shall be paid prior to the commencement material and stone sourcing. The fees included in the Final Invoice shall be paid within thirty days (30) days from the date of invoice. Payments are non-cancelable, non-refundable and noncreditable. NMBJ accepts payment via check, wire transfer, or ACH payment. The Final Invoice is inclusive of taxes and similar assessments.

E. Intellectual Property

NMBJ retains all intellectual property right, title and interest in and to the custom jewelry pieces, including but not limited to all designs, sketches, and renderings to the foregoing. Custom jewelry pieces, designs, sketches, and renderings not be reproduced or shared without express written permission from NMBJ.

F. 1-Year Warranty

NMBJ will resize or repair manufacturing faults within one (1) year of receipt of the custom piece. Manufacturing faults include defects in the materials and/or workmanship or structure of the custom jewelry piece such as uneven settings or prongs upon delivery, loose stone settings, or misshaping or separation between the band and ring head. Manufacturing defaults do not include damage caused by the purchaser such as dropping or stepping on the custom jewelry piece, usage of lotions, creams and other beauty products on the jewelry, damage from contact with chemicals, and/or other damage caused by normal wear and tear or improper storage or care of your custom jewelry piece. If the bespoke jewelry piece has been altered by any third-party other than Nicole McKibben Jewelry Inc., the 1-Year warranty shall be void and null.

For repairs or modifications beyond those included in the 1-Year Warranty, may be subject to additional fees.

EXCEPT FOR THE LIMITED WARRANTIES EXPRESSLY SET FORTH IN THIS SERVICES AGREEMENT, ALL CUSTOM JEWELRY PIECES SHALL BE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE FOREGOING, NICOLE MCKIBBEN JEWELRY INC. DOES NOT WARRANT THAT: (I) CUSTOM JEWELRY PIECES SHALL BE OR FREE OF IMPERFECTIONS, (II) THE CUSTOM JEWELRY PIECE WILL MEET YOUR REQUIREMENTS OR SPECIFICATIONS. While we take utmost care in quality control, slight variations in handmade jewelry are natural and add to the uniqueness of each piece.

G. Limitation of Liability

To the maximum extent permitted by law, Nicole McKibben Jewelry Inc. shall not be liable for any damages, including but not limited to direct, indirect, incidental, consequential, or special damages, arising out of or in any way connected with the website, Services, or custom jewelry piece, whether in contract, tort (including negligence), or otherwise.

D. Indemnification

You agree to indemnify, defend, and hold harmless Nicole McKibben Jewelry Inc. and our suppliers, partners, subcontractors, and employees from any claim or demand, including reasonable attorney’s fees, made by any third-party due to or arising out of (i) your beach of these Terms of Service, (ii) your violation of any law, or (iii) your violation of the rights of any third-party.

E. Termination

These Terms of Service are effective upon access or use of the website or the Services and shall remain in effect until terminated by either party. You may terminate these Terms of Service at any time by providing written notice that you wish to terminate the Services or when you cease using the website. We may terminate this Agreement at any time and accordingly may deny you access to our Services.

F. Privacy

Nicole McKibben Jewelry Inc. collects a variety of personal information regarding our current and former customers and visitors across our website including contact information you provide to us; purchase information such as custom items purchased, payment methods and payment information, and billing and shipping addresses; and automatically collected information such as IP addresses used to connect to the internet and website usage data. Information collected is used to provide you with the best possible custom jewelry pieces and experiences including to respond to your inquiries, keep you informed on the status of your custom jewelry piece, to improve our processes and products, to verify individual identities, and to process transactions. Information collected may be shared with our service providers that perform services on our behalf, such as those that provide shipment and payment services and other suppliers. Nicole McKibben Jewelry Inc. implements security measures to protect your information such as using a secure payment processor. It is important to note that no method of transmitting information over the internet is completely secure, therefore we cannot guarantee the absolute security of all information provided to us.

G. General

1. These Terms, including any rights hereunder, are not assignable, transferable or sublicensable by you. Nicole McKibben Jewelry Inc. may assign, transfer or delegate any of its rights and obligations hereunder without consent.

2. No agency, partnership, joint venture, fiduciary, or employment relationship is created by these Terms, and neither party has any authority of any kind to bind the other in any respect.

3. Any dispute shall be governed by and construed in accordance with the laws of the State of New York, and any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by the applicable federal or state courts located in New York, New York and the parties agree to the foregoing exclusive jurisdiction and venue.

4. If any provision of these Services terms shall be deemed unlawful, invalid, or unenforceable, the invalidity or unenforceability will not affect the other provisions of these Services Terms.

H. Changes to Terms of Service

We reserve the right to update, change, or replace these Terms at any time and for any reason by posting the latest version to our website. Your continued use of access of the website constitutes acceptance of any changes to these Terms.

I. Contact Information

Any notices provided under these Terms or questions regarding these Terms of Service may be sent to nicole@nmbespokejewelry.com.

By accessing our website, using our Services, or proceeding with a purchase, you acknowledge and agree to these terms. Thank you for choosing Nicole McKibben Jewelry Inc.