Terms & Conditions

This website (“Website”) is operated by Angels & Emeralds, LLC ("us/we/our"). We offer this Website to you conditioned upon Your acceptance of all the terms, conditions, policies and notices stated herein. Your continued use of this Website constitutes your agreement to these Terms & conditions and all of our other terms, conditions, policies and notices posted to this website.

 

You shall not use the Website for any illegal purposes, and you will use it in compliance with all applicable laws and regulations. You shall not use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired. You agree not to attempt any unauthorized access to any part or component of the Website.

 

INTELLECTUAL PROPERTY OWNERSHIP

 

You acknowledge and agree that we are the owner of the trademark ANGELS & EMERALDS, and all associated trademarks and logos used in connection therewith (collectively “Marks). All text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations, both individually and as they are compiled on the Website (collectively “Site Content”), and any and other intellectual property rights in all material and content contained within this Website shall remain at all times vested in us or, in the cases where we are using such material or content under authority from a third party, in the owner of such material or content.

 

We grant you the limited right to access and make use of the Website as our user. However, you shall not: a) reproduce, duplicate, copy, sell or otherwise exploit the Website or any Site Content for any commercial purpose; b) use a robot, spider or data mining or extraction tool or process to monitor, extract or copy Site Content; c) use any meta tags, search terms, key terms, or the like that contain the Website’s name or our Marks; d) engage in any activity that interferes with the Website or another user’s ability to use the Website; e) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Website and the goods or services offered on the Website; or f) assist or encourage any third party in engaging in any activity prohibited by these Terms & Conditions.

 

You shall not use, copy, distribute, or exploit any of the Marks or Site Content in any manner without our prior written permission.

 

All Site Content and all materials and content contained within the Website, are owned by us, or used by us under authorization, and are protected by U.S. and foreign intellectual property laws. No portion of the materials or content on this Website may be reprinted or republished in any form without our express written permission.

 

INFRINGEMENT NOTICE

 

We respect the intellectual property rights of others and require that our users do the same. If you believe your work has been copied in a manner that constitutes copyright infringement, or you believe your rights are otherwise infringed or violated by anything on the Website, please notify us by sending an email to the following address: info@angelsandemeralds.com.

 

In order for us to more effectively assist you, the notification must include all of the following:

 

  1. A physical or electronic signature of the owner of the right claimed to be infringed or the person authorized to act on the owner’s behalf;

 

  1. A description of the copyrighted work or other right you claim has been infringed or violated;

 

  1. Information reasonably sufficient to locate the material in question on the Website;

 

  1. Your name, address, telephone number, e-mail address and all other information reasonably sufficient to permit us to contact you;

 

  1. A statement by you that you have a good faith belief that the disputed use is not authorized by the rightful owner, its agent or the law; and

 

  1. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the right claimed to be infringed or violated or are authorized to act on behalf of the owner.

 

ERRORS AND INACCURACIES

 

We strive to provide complete, accurate, up-to-date information on the Website. Unfortunately, despite those efforts, human or technological errors may occur. The Website may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information at any time without prior notice.

 

You acknowledge that the particular technical specifications and settings of your computer or device may affect the accuracy of its display of the colors and the look of products offered on the Website.

 

If YOU BELIEVE THAT a product offered by US is not as described, your sole remedy is to return it TO US FOR A WEBSITE CREDIT in unused condition.

 

CHANGES TO THE WEBSITE OR TERMS & CONDITIONS

 

Other than as may be required by law, we reserve the right to modify or withdraw, temporarily or permanently, the Website or the products offered for sale on the Website with or without notice to you, and you confirm that we shall not be liable to you or any third party for any modification to withdraw or withdrawal of the Website or any portion of it.

 

We may alter these Terms & Conditions from time to time, and your use of the Website (or any part of the Website) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms & Conditions have been changed. If you do not agree to any change to the Terms of Use then you must immediately stop using the Website.

 

The Website is subject to constant change. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website.

 

EXTERNAL SITES AND RESOURCES

 

We are not responsible for the availability of any websites owned or controlled by third-parties. We do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of any third party websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such third-party external sites or resources.

 

ORDERS

Once an order is submitted, we begin processing it as quickly as possible. Therefore, orders cannot be changed or cancelled once they are submitted. However, please keep in mind that orders may take up to 2 business days to process before they are shipped.

If you are not completely satisfied with your purchase, it may be returned within 30 days of the order delivery date. The returned item must be unworn and accompanied by the attached UPC label. If the item is returned without the UPC label, a website merchandise credit will be issued. Returns must be shipped back with a Merchandise Return Label. Please click here to receive a Merchandise Return Label.

All refunds will be credited for the original amount paid, less shipping fees, except in the case of a defective item or incorrect shipment, in which case, we will refund the shipping fees. Website orders can be refunded in our Angels & Emeralds studio, and may be exchanged for merchandise or in-studio credit.

Shipping and handling on all returned items is non-refundable, except in the case of a defective item or incorrect shipment. All sales are final after 30 days. We currently ship all packages exclusively via UPS (United Parcel Service), and UPS is unable to ship to a PO box. We reserve the right to change shipping companies at any time without notice to you.

Nothing on the Website constitutes a binding offer to sell products described on the Website or to make such products available in your area. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. The prices displayed on the Website are quoted in U.S. dollars and must be paid in U.S. dollars. In the event a product is listed at an incorrect price, we have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account.

ASSUMPTION OF RISK

You agree that use of the Website is entirely at your own risk. Our Website is provided as is, without warranty of any kind, either express or implied, including without limitation any warranty for information, services or uninterrupted access, or products provided through or in connection with the Website Specifically, we disclaim any and all warranties, including without limitation: 1) any warranties concerning the availability, accuracy or content of information, products or services, and 2) any warranties or title or warranties of merchantability or fitness for a particular purpose.

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay of operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. You specifically acknowledge that we are not liable for any defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you. . 

Neither we nor any of our agents, affiliates or content providers shall be liable for any direct, indirect, incidental, special or consequential damages arising out of use of the Website or inability to gain access to or use the Website or out of any breach of any warranty. You hereby acknowledge that the provisions of this section shall apply to all content on the Website. 

Angels & Emeralds jewelry and home decor are not intended for children under the age of thirteen.

The following elements of this web site are the property of Angels & Emeralds and our suppliers and are protected by United States and international copyright laws:

 UNSOLICITED IDEAS SUBMISSION POLICY

We appreciate your positive energy and enthusiasm for our brand.  However, our company policy does not allow us to accept or consider any unsolicited ideas, suggestions, proposals, comments or materials ("Submissions").  The purpose of this policy is to avoid any potential misunderstandings when Angels & Emeralds’ products, services, advertising or branding might appear to be similar or identical to ideas submitted to us.. 

Terms of Idea Submissions

If, despite our policy, you still choose to submit your ideas to us, then regardless of what your letter or submission states, the following terms shall apply to your Submissions:

  1. We will consider the Submissions to be non-confidential and non-proprietary;
  2. Your Submissions and their contents will become the property of us, without the possibility of compensation to you;
  3. We shall have no obligations regarding the Submissions, including but not limited to, any obligation to review, return any materials or acknowledge receipt of any Submissions.
  4. We may use, modify, redistribute, or disclose the Submissions, in whole or in part, for any purpose and in any way, without the possibility of any compensation to you or any third party.Any feedback you provide is deemed to be non-confidential and non-proprietary. We shall be free to use such information on an unrestricted basis, without any compensation to you or any third party.
  5. Feedback We are always pleased to receive feedback about any of our current products, services, advertising or branding.  Please only provide specific feedback on current products, services, advertising or branding, and do not include ideas that our policy will not permit us to accept or consider. 

INDEMNIFICATION

 

YOU AGREE TO BE FULLY RESPONSIBLE FOR (AND FULLY INDEMNIFY US AGAINST) ALL CLAIMS, LIABILITY, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING LEGAL FEES, SUFFERED BY US AND ARISING OUT OF YOUR USE OF THE WEBSITE, OR THE USE BY ANY OTHER PERSON ACCESSING THE WEBSITE USING YOUR COMPUTER OR INTERNET ACCESS ACCOUNT.

 

INVESTIGATIONS OF VIOLATIONS OF THESE TERMS

 

We may investigate any reported violation of these Terms & Conditions and take any action that we deem appropriate. Such action may include, but is not limited to, issuing warnings, removing posted content and/or reporting any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties.

 

NOTICE TO CALIFORNIA USERS

 

Under California Civil Code Section 1789.3, California Website users are entitled to know that they may file grievances and complaints with: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210, or by email at dca@dca.ca.gov.

 

RESOLUTION OF CLAIMS OR DISPUTES

 

We hope to make you a happy customer, and most customer concerns can be resolved quickly and to the customer’s satisfaction by calling our customer service department at (203) 557-9266, or by e-mailing us at info@angelsandemeralds.com. If, however, there is an issue that needs to be resolved, this Agreement describes how both of us will proceed.  Any claim or dispute between you and us (or any of our affiliates) arising out of or relating in any way to the products we sell or this Agreement shall be resolved through final, binding arbitration. This obligation applies regardless of whether the claim or dispute involves a tort, fraud, breach of contract, misrepresentation, product liability, negligence, violation of a statute, or any other legal theory.  Included are all claims arising out of or relating to any aspect of our relationship; claims that may arise after the termination of this Agreement; and claims related to direct marketing efforts, including but not limited to, complaints concerning unsolicited text messages, emails, and telemarketing calls.

 

We each agree that each of us may bring claims against the other only in an individual capacity and not in a class action or representative proceeding.  All arbitrations under this Agreement shall be conducted on an individual (and not a class-wide) basis, and an arbitrator shall have no authority to award class-wide relief. You acknowledge and agree that this Agreement specifically prohibits you from commencing arbitration proceedings as a representative of others or joining in any arbitration proceedings brought by any other person.

A party who intends to seek arbitration must first send to the other a written Notice of Dispute describing the nature and basis of the claim or dispute and setting forth the specific relief sought. All Notices to us shall be sent to the following address: 49 Richmondville Avenue, Suite 109, Westport, CT 06800, with an email copy to info@angelsandemeralds.com.  Upon receipt of such Notice, the other party shall have a thirty-day period in which it may satisfy the claim against it by fully curing the dispute and/or providing all the relief requested in the Notice. After the expiration of such thirty-day cure period, you or we may commence an arbitration proceeding.  The arbitration of any claim or dispute under this Agreement shall be conducted pursuant to the American Arbitration Association’s (“AAA”) United States Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer-Related Disputes.  These rules and procedures are available by calling the AAA or by visiting its web site at www.adr.org.  The arbitration of any claim or dispute under this Agreement shall be conducted in the State of California or in the location in which you received this Agreement or in your home state.  For any non-frivolous claim that does not exceed $25,000, we will pay all costs of the arbitration and will agree to conduct the arbitration through the AAA offices in your home state. For any claim under $10,000, we further agree that any hearings may be held by telephone and that we will not seek attorney’s fees in the event we prevail.  You acknowledge and agree that each party shall pay the fees and costs of its own counsel, experts and witnesses in any arbitration proceeding.

MISCELLANEOUS

 

If any part of these Terms & Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Terms & Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Terms & Conditions.

These Terms & Conditions and our Privacy Policy, and any other terms, agreements and notices that may be posted on the Website (as may be amended from time to time) (“Website Agreements”) contain the entire agreement between you and us relating to the Website and your use of the Website and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between you and us in relation to such matters. No oral explanation or oral information shall alter the interpretation of these Website Agreements. You confirm that, in agreeing to accept these Website Agreements, you have not relied on any representation except insofar as the same has expressly been made a representation in these Website Agreements, and you agree that you shall have no remedy in respect of any representation which has not become a term of these Website Agreements. These Website Agreements will be exclusively governed by and construed in accordance with the laws of the State of New York and the courts located in the City and County of New York will have exclusive jurisdiction in any dispute, except that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.

 

CONTACT INFORMATION

 

You may send us notices or communicate with us by email to info@angelsandemeralds.com. If you send us an email that asks for a response, and you do not receive a response within ten (10) business days, please send us another email as we may not have received your previous email. When you send e-mail to us, you are communicating with us electronically, and you agree that we may communicate with you electronically. You acknowledge that that communications by email are not considered confidential communications. Therefore, please do not send us any confidential information by email

 

 

DATE LAST MODIFIED: August 31, 2015

 




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