Custom Jewelry Terms of Purchase
By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, by signing, and/or entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client” or “You”) agree to be provided with jewelry products by Kate Price (“Jeweler”), owner of Kate Rose Fine Jewelry (the “Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms of purchase:
CUSTOM DESIGN & CLIENT PROVIDED STONES
DELIVERY AND PICKUP
REPAIRS + WARRANTY.
Clients who purchase Jewelry from the Jeweler will receive complementary repair work for any damages on your purchased items for six months, so long as the damage did not result from unusual or extreme wear or use (including but not limited to loss in drain disposal, catching on something, hit on something, lost at sea, run over by car, etc. and other acts of nature or other tools of man), and in accordance with this Agreement. The Jeweler shall have the sole discretion to determine the extent of the damage on the Jewelry and may impose additional fees, as appropriate. Please note that this warranty does not cover loss or theft of Jewelry, in part or in its entirety, and does not entitle Client to any replacements of center stones, regardless of how the center stones were lost, misplaced, or damaged. This warranty also does not extend if your Jewelry has been re-sized or altered in any way by a third party without the express, written authorization of the Jeweler. Please note that no other warranties, written or oral, will be provided under these Terms.
APPRAISALS AND INSURANCE.
The Client acknowledges and understands that insurance for the Jewelry is their responsibility and should be obtained as soon as possible to insure against theft, loss, or damage.
INTELLECTUAL PROPERTY RIGHTS.
In respect of the design and Company branding specifically created for the Client as part of this Agreement, the Jeweler maintains all of the copyright, and other intellectual property rights used or subsisting in the Jewelry. The Jeweler reserves the right to take photographs of the design and final product and Client agrees these pictures may be used for promotion, display, advertisement, internet use, or publication, unless this permission is revoked by the Client.
DISCLAIMERS & RELEASE OF CLAIMS.
By purchasing or otherwise utilizing the Jewelry, the Client acknowledges that the Jeweler is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any Jewelry purchased. Due to the nature of jewelry design, the Jeweler cannot guarantee that the appearance of the Jewelry will be exactly as imagined or shown through designs. Imperfections or variations may occur naturally. These characteristics are not to be viewed as damages or defects. In no event will the Jeweler or the Company be liable to any party for any type of direct, indirect, special, incidental, or consequential damages. You hereby release the Jeweler and the Company from any and all claims including those related to personal or business interruptions, misapplication or information, or any other loss, condition, or issue.
In the event that any cause beyond the reasonable control of either Party, including without limitation acts of nature, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, country travel advisories, a pandemic as defined by the World Health Organization, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Party to perform its obligations under this Agreement, the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.
LIMITATION OF LIABILITY.
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE JEWELRY. ADDITIONALLY, KATE ROSE FINE 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) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR 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 KATE ROSE FINE 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 KATE ROSE FINE JEWELRY CUMULATIVE LIABILITY TO YOU EXCEED $100.
If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association. he arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Santa Monica, California or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of California, regardless of the conflict of laws principles thereof.
ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.