Last Updated: 6/24/15
YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO ALL OF THE TERMS AND CONDITIONS IN THE AGREEMENT. By using our Site, you are agreeing to be bound by these Terms. We may change the Terms at any time at our sole discretion, and will always post the most current version on the Site. Any change will be effective immediately upon posting of the revision on the Site. It is your responsibility to check periodically for any changes we make to the Terms. Your continued use of the Site after revisions come into effect indicates your agreement to the revised terms. If you object to anything in this Agreement, you must stop using the Site immediately.
1. SHIPPING. Your order will be shipped to you in up to four (4) weeks from time of the order. Any order over $50 will be fully insured and will require a signature upon delivery. Please inspect your package for damage or tampering before signing for receipt. To ensure the secure delivery of your order, Alexis Jewelry does not ship orders to post office boxes, but does accept post office box addresses for billing. Please contact us at email@example.com for international orders and shipping rates.
2. PAYMENTS. For orders shipping within the United States, we accept all major credit cards and PayPal. We do not accept any other payment method, including without limitations cash, check, money orders, ACH, debit cards or bank wires, unless you have prior written authorization from Alexis Jewelry to use a payment method other than credit cards. You shall be responsible for all applicable taxes that arise in any jurisdiction, including without limitation, value added, consumption, sales or other taxes, fees, duties, or charges imposed on the sale of our products. For example, we are required to charge sales tax for any order shipped within California at 9.25%.
3. CUSTOM ORDERS. Alexis Jewelry welcomes custom orders to design the perfect jewelry for you. Please contact us at firstname.lastname@example.org with any requests. All custom order sales are final and cannot be returned or exchanged. Payment is required in full upon approval of design, and cancellations or changes can no longer be accepted.
4. EXCHANGES; REPAIRS. You can return unworn items within 30 days of purchase for an exchange. We will send you the requested item at no shipping charge to you. Any defective item will be repaired or replaced, as determined in our sole discretion, within thirty (30) days after purchase at no shipping charge to you. For any exchanges or repairs, please follow the following procedure:
a) obtain a return authorization by calling us at call (323) 656-8215 or emailing us at email@example.com;
b) return the items in their original purchase condition, including all packing materials and product documentation; and
c) make the return within fourteen (14) calendar days of the return authorization in a sturdy box by any traceable shipping service.
Returns shipped without our prior express return authorization will not be accepted. Alexis Jewelry is not responsible for lost or damaged return shipments. Special orders, including engravings, are final sale and are not eligible for an exchange.
5. CONTENT. The information on the Site, including without limitation, the product names and descriptions, prices, graphics, photographs, codes, website layout or other files, (collectively, the “Content”), may be inaccurately displayed at times. Depending on your computer monitor setting, some products may appear larger or smaller than their actual size in our photographs or the color may vary slightly. The product descriptions on the Site are based on our manufacturing specifications. Slight tolerances may be accounted for based on finishing during the manufacturing. After purchase, the products may partially tarnish, discolor or wear off depending on ongoing handling and care, especially as pertaining to our 14 karat gold plated and sterling silver products. In compliance with industry standards and FTC regulations, we state that carat total weight in all purchases may vary 0.05 carats from stated weight. For gemstone measurements, a tolerance of 0.25mm is allowed. For diamond jewelry set with multiple diamonds, we provide the minimum total carat weight for the piece. Color and clarity grades are expressed as either a minimum or an average depending on the number of diamonds. If stated as a minimum, all diamonds within the piece are at or above the stated quality. If expressed as an average, collectively the quality is equal to or exceeds the grade stated. Also, we do not honor inaccurate or erroneous prices, and reserve the right to change our prices without notice. We attempt to correct any and all errors when they do occur and apologize for any inconvenience such errors may cause.
6. LICENSE. Alexis Jewelry grants you the limited right to make personal, noncommercial use of the Site. Such grant does not include, without limitation: (a) any resale or commercial use of this Site, whether on behalf of yourself or on behalf of any third party; (b) copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting or transmitting any Content or Intellectual Property (defined below) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; (d) the collection and use of any product listings or descriptions; or (e) making derivative uses of the Site and any Content. Any use of our Site or the Content other than as specifically authorized herein, without the prior written permission of Alexis Jewelry is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation intellectual property laws. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time.
7. THIRD PARTY CONTENT. The Site may contain website links, functionalities as well as advertisements or promotions of third parties that are not owned or controlled by Alexis Jewelry (collectively, “Third Party Content”). Alexis Jewelry does not endorse such Third Party Content, and is not responsible or liable for the terms, conditions, privacy policies, actions, inactions, warranties, representations, content or functionality of any such third party or its site. YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK. Alexis Jewelry is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party advertisers on our Site. You agree to indemnify and hold Alexis Jewelry harmless in the event of any claim related to Third Party Content.
8. INTELLECTUAL PROPERTY. The Site, Content, product designs, our company logo, trademarks, service marks, text, editorial content, data, formatting, graphs, HTML, “look and feel,” software layout, music, sounds, images, software, videos, designs, typefaces and other content (collectively, the “Proprietary Material”) are the proprietary property of Alexis Jewelry and protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. You may not copy, download, use, redesign, reconfigure, or retransmit anything from the Site without our express prior written consent.
9. INFRINGERS. We respect the intellectual property of others and expect you to do the same. We respond in our reasonable discretion to notices of alleged copyright infringement if they comply with the law, including the Digital Millennium Copyright Act, of 1998 (“DMCA”), and reserve the right to remove the challenged content from the Site or terminate the accounts or access to the Site of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you are a copyright owner (or their agent) and believe that your work has been used in a way on the Site that infringes your rights, please send us a DMCA compliant notice by regular mail or email only to: Alexis Jewelry, 8745 Wonderland Avenue, Los Angeles, CA 90046, or by email at: firstname.lastname@example.org.
10. ACCOUNT, PASSWORD, SECURITY. You are solely and fully responsible for (a) maintaining the confidentiality of any user ID, password, account number or any other confidential information relating to your account; and (b) all activities that occur under your password or account, and Alexis Jewelry disclaims any liability derived therefrom. If you suspect any unauthorized use of your password or account, you will contact Alexis Jewelry as soon as reasonably practicable.
11. DISCLAIMERS. EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY ALEXIS JEWELRY, THIS SITE CONTENT, AND THE PRODUCTS AND SERVICES PROVIDED ON OR IN CONNECTION THEREWITH ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ALEXIS JEWELRY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ALEXIS JEWELRY DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN OUR SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. ALEXIS JEWELRY DOES NOT REPRESENT OR WARRANT THAT OUR SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE IS AT YOUR SOLE RISK.
12. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT SHALL ALEXIS JEWELRY NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SERVICE PROVIDERS, OR SUPPLIERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THIS SITE OR CONTENT ACCESSED THROUGH THIS SITE. IN NO EVENT SHALL ALEXIS JEWELRY’S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF THIS SITE EXCEED $5 OR THE COMPENSATION YOU PAID ALEXIS JEWELRY, WHICHEVER IS LESS.
13. INDEMNIFICATION. You agree to defend, indemnify and hold harmless Alexis Jewelry, its owners, affiliates, subsidiaries, parents, shareholders, officers, directors, agents, employees, independent contractors, assigns and representatives from and against any and all claims, losses, liabilities, causes of action, judgments, penalties, costs, damages and expenses (including attorneys’ fees, litigation costs and expenses) (collectively, “Claim”) incurred by Alexis Jewelry including, without limitation, any Claim arising from or related to your use of, or inability to use, the Site, including without limitation any actual or threatened suit, demand or claim made against Alexis Jewelry and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the Site, your conduct, your violation of these Terms or your violation of the rights of any third party.
a) Applicable Law. These Terms are governed by the laws of the State of California, without regard to its choice of law rules. Any dispute or claim arising under these Terms shall be resolved exclusively in the state or federal courts in California, with venue in Los Angeles, California. You hereby agree, and waive any objection to, service of process on you by means of mail or email sent to your account. In the event of any dispute arising under these Terms, including but not limited to a suit to collect amounts due for services provided to you by Alexis Jewelry, the prevailing party shall be entitled to recover attorneys’ fees and costs.
b) No waiver. Our failure to enforce any provision of these Terms or exercise any right at any time is not a waiver of that or any other provision or right.
c) Notices. Notices must be in writing and must be sent by first class mail, fax, courier or email and will be effective when received. Notices to you may also be sent to your message box or the most current account email address on our files. Notices must be sent to Alexis Jewelry, 8745 Wonderland Avenue, Los Angeles, CA 90046.
d) Severability. If any provision of these Terms is invalid or unenforceable, the remaining provisions terms and provisions shall continue in full force and effect.
e) Force Majeure. Except for payment obligations, neither party shall be liable for any inadequate performance, failure or delay caused by any condition beyond its reasonable control (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and Internet disturbance).
f) Entire Agreement. This Agreement and any policies or operating rules posted on this Site constitute the entire agreement between you and Alexis Jewelry with respect to the services, responsibilities, and obligations set forth in these Terms, and supersede all prior oral or written agreements, whether oral or written, between you and Alexis Jewelry regarding the subject matter of these Terms.