The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may not use the site in a way that would violate the Gramm-Leach-Bliley Act (GLBA). The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.
2. INTELLECTUAL PROPERTY RIGHTS
commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
3. USER REPRESENTATIONS
non-human means, whether through a bot, script. of otherwise; you will, not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not violate any, applicable law or regulation. lf you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or
terminate your account and refuse any and all current or future use of the Site or any portion thereof).
We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Site. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be
In stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.
5. PURCHASES AND PAYMENT
We accept the following forms of payment:
You agree to provide current, complete, and accurate purchase and account information for, all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and
payment card expiration date, SO that we can, complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by US. we may change prices at, any time. All payments shall be In Euros.
You agree to pay all charges at the prices then, in effect for your purchases and, any applicable shipping fees, and you authorize US to charge your chosen payment provider for any such, amounts upon placing your order. We reserve the right to
correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right, to refuse any order, placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account the same payment method, and/or orders that, use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
6. RETURN POLICY
Please review our Return Policy posted on the Site prior to making any purchases.
7. PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for Which we, make the Site available. The Site may not be used in connection with any commercial, endeavours except those that: are specifically endorsed or approved by us. As a user of the Site, you agree not to:
- Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
- Use any information obtained from the Site in order to harass, abuse, or harm another. person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Site in a manner inconsistent with any applicable laws. or regulations.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Site on modifies, impairs, disrupts. alters or interferes with the use, features, functions. operation, or maintenance of the Site.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person, or use the username of another user.
- Upload or transmit (or attempt to upload on to transmit) any material that. acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs' ) 1x1 pixels, web bugs, cookies, of other similar devices (sometimes referred to. as spyware or passive collection mechanisms or pcms").
- Interfere with, disrupt, or create an undue burden on the Site of the networks services connected to the Site.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer, any of the. software comprising or in any way making up a part of the Site. Except as may be the result of standard search engine or Internet browser usage use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
- Use a buying agent or purchasing agent to make purchases on, the Site.
- Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences
- Use the Site as part. of any effort to compete with. us or otherwise use the Site and/or the Content for. any revenue-generating endeavour or commercial enterprise.
- Use the Site to advertise or offer to sell goods and services.
- Sell or otherwise transfer your profile.
8. USER GENERATED CONTRIBUTIONS
The Site does not offer users to submit or post content. We may provide you with, the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not
limited to text, writings, video, audio, photographs, graphics, comments suggestions. or personal information or other material (collectively, Contributions") contributions may be viewable, by other users of the Site and through third-party
your Contributions do not and will not infringe the proprietary rights, including not limited, to the copyright, patent, trademark, trade secret, moral rights off any third party. You are the, creator and owner of and have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions any manner contemplated by the Site and these Term of Use.
- Your Contributions are not false inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional!. materials pyramid schemes, chain, letters spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in, the legal sense of those terms), any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law., regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law, concerning child pornography, or otherwise intended to protect the health or well-being of minors;
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
9. CONTRIBUTION LICENSE
statements or representations link your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from
any legal action against us regarding your Contributions.
You acknowledge and agree that any questions, comments, suggestions ideas, feedback, or other information regarding the Site or the Marketplace Offerings ("Submissions") ) provided by you to us are non-confidential and shall become our. sole property. We shall own exclusive rights, including all intellectual, property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose commercial or otherwise, without acknowledgment. or
compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you o that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
11. THIRD-PARTY WEBSITES AND CONTENT
The Site may contain (or you may be sent via the Site or the Marketplace Offerings) links to other websites (Third-Party Websites" ) as well as articles, photographs, text, graphics. pictures, designs, music, sound, video information, applications,
software, and other content, or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated. monitored, or checked for accuracy, appropriateness, or
completeness by us, and we are not responsible for any Third Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions,
reliability, privacy practices or other policies of or contained in. the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, Or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not
govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make
through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and
acknowledge that we do not endorse the products on services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally. you shall. hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in, any way from any Third-Party Content or any contact with Third-Party Websites,
12. SITE MANAGEMENT
reporting such user to law enforcement., authorities; (3) n. our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your. Contributions or any portion thereof; (4)
in our sole discretion and without limitation, notice, on nobility, to remove from the Site or otherwise disable al files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and the Marketplace Offerings
13. TERM AND TERMINATION
INFORMATION THAT YOU POSTED AT ANY TIME WITHOUT WARNING, IN OUR. SOLE DISCRETION.
lf we terminate or suspend your account for any reason, you are prohibited from, registering and creating a new account under your name, a fake or borrowed name, or the name any third party, even if you may be acting on behalf of the third party in addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
14. MODIFICATIONS AND INTERRUPTIONS
We reserve the righto change, modify, or remove the contents off the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue al or part of the Marketplace Offerings without notice, at any time. We will, not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or the Marketplace Offerings. We cannot guarantee the Site and the Marketplace Offerings will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting In interruptions, delays, or errors. We reserve the right to change, revise update, suspend, discontinue, of otherwise modify the Site or the Marketplace
15. GOVERNING LAW
These conditions are governed by and interpreted: following the laws of Spain, and the use of the United Nations Convention of Contracts for the International Sales off Goods is expressly excluded, If your habitual residence is in the EU, and you are
a consumer, you additionally possess the protection provided to you by obligatory provisions of the law in your country to residence. Aisling McGloughlin Jewellery and yourself both agree to submit, to the non-exclusive jurisdiction of the courts of
Barcelona, which means that you may make a claim to defend your consumer, protection rights with regards to these
Conditions of Use in Spain, or in the EU country In which you reside.
EDIT FROM HERE
16. DISPUTE RESOLUTION
to the other Party.
Any dispute arising from the relationships between the Parties to this contract shall be determined by one arbitrator. who will be chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg and which are in force at the time the application for arbitration is fled and of which adoption of this clause constitutes acceptance The seat of arbitration shall be Barcelona, Spain. The language of the proceedings shall be English. Applicable rules of substantive law shall be the law of Spain. Restrictions The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures: and () there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf, of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use! and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such, dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
There may be information, on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Marketplace Offerings, including descriptions pricing, availability, and various other information. We reserve the right to
correct any errors inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE (3)2 ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS ANDIOR ANY AND ALL PERSONAL INFORMATION. AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE 5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR
FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE. A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH, ANY MEDIUM OR IN, ANY
ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
19. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU ORANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES,
INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
21. USER DATA
We will maintain certain data that you transmit to the Site for the purpose off managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine, backups of data, you are solely responsible, for
al data that you transmit or that relates to any activity you have undertaken using the site. You agree that we shall have no liability to you for any loss or corruption, of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
22. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES. CONTRACTS ORDERS, AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BYUS OR VIA THE SITE. You hereby waive. any rights or requirements under any statutes, regulations rules, ordinances, or other. laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
23. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint_ Assistance Unit of the Division' of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112
Sacramento, California 95834 or by telephone, at (800) 952-5210 on (916) 445-1254.
25. CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact
Aisling McGloughlin Jewellery