TERMS & CONDITIONS
The terms “We”, “Us”, “Our” refers to Sincerely Ginger Jewelry. The term the “Site” refers to www.sincerelygingerjewelry.com. The term “User” refers to Site visitors, customers and any other users of the Site. The term "Service" refers to services and products provided and/or purchased by User.
Use of the Site, including all materials presented herein and all online services provided by Sincerely Ginger Jewelry, is subject to the following Terms and Conditions. These Terms and Conditions apply to all Site Users. By using the Site and/or ordering a product from the Site, User agrees to these Terms and Conditions, without modification, and acknowledge reading them.
By accessing the Site, User is agreeing to be bound by these Terms and Conditions, all applicable laws and regulations, and agree to be responsible for compliance with any applicable local laws. If User does not agree with any of these terms, User is prohibited from using or accessing this Site. The materials contained in this Site are protected by applicable copyright and trademark law.
Use of the Site and Service
To access or use the Site, User must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site.
Information provided on the Site is subject to change. We make no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current or error-free. We disclaim all liability for any inaccuracy, error or incompleteness in the Content.
In order to use the Site, User is required to provide information about self including name, email address, username and password and other personal information. User agrees that any registration information given to Us will always be accurate, correct and up to date. User must not impersonate someone else or provide account information or an email address other than User's own. User's account must not be used for any illegal or unauthorized purpose. User must not, in the use of the Site, violate any laws of jurisdiction.
User may use the Site and Service for lawful purposes only. User agrees to be financially responsible for all purchases made by User or someone acting on User's behalf through the Site. User agrees to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. User shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
Refusal of Service
The Services offered are subject to Our acceptance of User's order. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by Us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to Us fulfilling Our previous responsibilities to User based on acceptance of User's payment.
We will email User to confirm the placement of User's order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is User's responsibility to inform us as soon as possible.
Cancellations, Refunds & Returns
All sales are final and non-returnable for the following pieces: private commissions and one-of-a-kind. We accept returns and exchanges within 15 days of receipt on all unworn jewelry. For all returns and exchanges, please email email@example.com. User will be credited in full. We suggest User insures the return, as We are not responsible for damage incurred during the shipping process. We do not pay for returns to be shipped back to Sincerely Ginger Jewelry We reserve the right to deny returns and exchanges.
We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time We may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
Material User Submits to the Site
User shall not upload, post or otherwise make available on the Site any artwork, photos or other materials (collectively “Materials”) protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any Materials are not so protected rests entirely with User. User shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by User to the Site, User automatically represents or warrants that Use has the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations or rights of third parties.
Intellectual Property Rights to Your Materials
We claim no intellectual property rights over the Material User supplies to Sincerely Ginger Jewelry. User retains copyright and any other rights User may rightfully hold in any content which User submits through the Service. Content User submits to Sincerely Ginger Jewelry, remains User to the extent that User has any legal claims therein. By submitting an order, User agrees to hold Sincerely Ginger Jewelry harmless from and against all claims, liabilities and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against User.
Our Intellectual Property
The Site and Service contain intellectual property owned by Sincerely Ginger Jewelry, including trademarks, trade dress, copyrights, proprietary information and other intellectual property. User may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content, in whole or in part without Our prior written consent. Sincerely Ginger Jewelry reserves the right to immediately remove User from the Service, without refund, if User is caught violating this intellectual property policy.
No Professional Advice
The information contained in or made available through our Site (including but not limited to information contained in/on videos, message boards, blogs, comments, coaching calls, emails, text files, or chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, religious, psychological, or legal matters. In particular, User should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. We and Our licensors or suppliers make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the Site.
All jewelry is guaranteed for a lifetime to be free from defects in workmanship and materials. This warranty does not cover normal wear and tear or damage caused by the User. The warranty is limited to repair or replacement of the item at the discretion of Sincerely Ginger Jewelry. Any work performed by a jeweler other than Sincerely Ginger Jewelry automatically voids the warranty. This warranty is not an insurance policy. It is the responsibility of the User to maintain insurance against loss or damage not covered by the warranty. The contact email in reference to the warranty is firstname.lastname@example.org.
We do not warrant that the Site or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that any part of this Site or the servers that make it available, are free of viruses or other harmful components.
We do not warrant or make any representations regarding the Materials on this Site or on third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise.
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to User by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by User after being notified means User accepts these amendments. Sincerely Ginger Jewelry reserves the right to update any portion of Our Site and Service, including these Terms and Conditions at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
Limitation of Liability
User agrees that under no circumstances shall We be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of User's use of the Site or Service. Additionally, Sincerely Ginger Jewelry is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) third-party theft of, destruction of, unauthorized access to, alteration of, or use of User's information or property, regardless of Our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if Sincerely Ginger Jewelry has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, Our liability is limited to the fullest possible extent permitted by law. In no event shall Sincerely Ginger Jewelry's cumulative liability to User exceed the total purchase price of the Service you have purchased from Sincerely Ginger Jewelry, and if no purchase has been made by you Sincerely Ginger Jewelry's cumulative liability to User shall not exceed $100.
The Site and the Services contain links to third-party websites and resources. User acknowledges and agrees that Sincerely Ginger Jewelry is not responsible or liable for the availability, accuracy, content or policies of third-party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Sincerely Ginger Jewelry. User acknowledges sole responsibility for and assume all risk arising from User's use of any such websites or resources.
User shall indemnify and hold Sincerely Ginger Jewelry harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third-party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by User of any of these Terms and Conditions, or any use by User of the Site or Service. User shall provide Sincerely Ginger Jewelry with such assistance, without charge, as We may request in connection with any such defense, including, without limitation, providing Us with such information, documents, records and reasonable access to User, as We deem necessary. User shall not settle any third-party claim or waive any defense without Our prior written consent.
Effect of Headings
The subject headings of the paragraphs and sub-paragraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
Entire Agreement; Waiver
This Agreement constitutes the entire agreement between User and Sincerely Ginger Jewelry pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between User and Sincerely Ginger Jewelry. No waiver of any of the provisions of this Agreement by Sincerely Ginger Jewelry shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Sincerely Ginger Jewelry.
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
Sincerely Ginger Jewelry
PO Box 5441 Florence Avenue
Philadelphia, Pennsylvania 19143
Governing Law; Venue; Mediation
This Agreement shall be construed in accordance with, and governed by, the laws of the Commonwealth of Pennsylvania as applied to contracts that are executed and performed entirely in Pennsylvania. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Philadelphia County, Pennsylvania. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
Recovery of Litigation Expenses
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable or otherwise transferable by User. Any transfer, assignment, delegation or sublicense by User is invalid.
Last Updated January 19, 2019