Términos del servicio

Overview

Welcome to the Birthstone Jewelry website. Birthstone Jewelry provides services and products to you subject to the notices, terms, and conditions outlined in this agreement (the “Agreement”). 

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THEM. By using this site you agree that access to, use of this site, and any purchases made on this site are subject to the terms and conditions in this legal notice, and other applicable laws(refers to the law of The United States). birthstonesjewelry.com reserves the right to change or modify any of the Terms and Conditions or any policy and/or guideline of the Site at any time. Any change or modification will be effective immediately upon posting of the revisions on the Site. Your continued use of the Site following modifications of the terms will constitute your acceptance of such changes or modifications. Thus, frequently reviewing these Terms and Conditions and any other applicable policies is recommended. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. 

REPRESENTATIONS AND WARRANTIES

• You hereby represent and warrant that: you will not use or access the Site or Content (as defined below) if you are not able to form legally binding contracts (for example, if you are under 18 years old);
• You will not reverse engineer, reverse compile any of our technology, including any software or Java applets associated with the Site and/or the Content; unless we expressly authorize you to do so in writing, you will not use, reproduce, duplicate, copy, sell, resell, distribute, publish or exploit for any commercial purposes any portion of the Site and/or the Content;
• You will access and use the Site in compliance with any and all applicable law(s), rules(s) or regulation(s) (whether in the United States or other countries) and the terms and conditions of these Terms of Use; and
• You have all consents, rights, and authority to provide and submit any and all information and content provided and submitted by you using the Site and/or the Content and all such information and content: (1) are true, accurate, current and complete and we may rely on such information and content; (2) are not libelous, defamatory, indecent, obscene, harassing, hateful or violent; (3) are not meant to harm us or any third parties; (4) do not constitute or include viruses or other harmful codes; (5) as well as their anticipated uses, do not violate, infringe or misappropriate any copyright, patent, trademark or other proprietary rights, or right of publicity or privacy of us or any third party; and (6) do not violate these Terms of Use, or any applicable law, rule or regulation (whether of the United States or other countries).

 Use Of Our Services

When you use our Services, you agree to the processing of the information and details and you state that all information and details provided are true and correspond to reality. You represent and warrant that you are at least 16 years old or visiting the Services under the supervision of a parent or guardian. Subject to the terms and conditions of this Agreement, Birthstone hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Services by displaying it on your internet browser, for our Site, or on your mobile devices, for our Apps, only for the purpose of shopping for personal items sold on the Site or Apps and not for any commercial use or use on behalf of any third party, except as explicitly permitted by Birthstone Jewelry in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.

Accuracy Of Information And Errors

A.Pricing Errors:

birthstonesjewelry.com works hard to provide you with accurate pricing. However, data, including prices, may be inaccurately displayed due to typographical or system errors. Therefore, we do not guarantee that any content is accurate or complete, including product specification, information, prices, or the color of the products.birthstonesjewelry.com reserves the right to correct any and all errors, and we do not honor inaccurate prices or other inaccurate information. If a product that is listed below its actual price is purchased, we will, at our discretion, either contact you to discuss possible options or cancel the order and notify you if the order has been canceled. If we have already shipped your order, you agree to either return the product to us or pay the difference between the actual and charged prices. We reserve the right to change our prices without notice.

B.Other Errors Or Inaccuracies:

birthstonesjewelry.com makes every effort to ensure that all information on our site is complete and accurate. Some products may appear smaller or larger than their actual size in the pictures on birthstonesjewelry.com Also every computer monitor is set differently, thus colors and sizes may slightly vary, based on the computer you are using. 

Measurements are also approximate as it is impossible to make all jewelry end up with the same measurements.

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.  

Third-Party Links Or Tools

Certain content, products and services available via our Service may include materials from third parties.

The website may contain links to other sites and resources provided by third parties, which are provided for your convenience only. This includes links contained in advertisements, such as banner advertisements and sponsored links. We do not monitor or have any control over any Third Party Content or Third Party Sites. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of those sites or resources. If you decide to access any of the third-party websites linked to this website, you do so entirely at your own risk and your use is subject to the privacy policies and terms and conditions of use that govern such websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction.

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Disclaimer Of Warranties; Limitation Of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 Indemnification

You agree to defend, indemnify and hold harmless BIRTHSTONE JEWELRY, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the BIRTHSTONE JEWELRY Website; (ii) your violation of any term of these Terms; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms and your use of the BIRTHSTONE JEWELRY Website.

Severability

If any of these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severed and shall not affect the validity and enforceability of any remaining provision.

Termination

You agree that Birthstone Jewelry, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Site and remove and discard any content within the Site, for any reason, including, without limitation, for lack of use or if Birthstone Jewelry believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Use. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of service, may be referred to appropriate law enforcement authorities. Birthstone Jewelry may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of this Terms of Use may be effected without prior notice, and acknowledge and agree that Birthstone Jewelry may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site. Further, you agree that Birthstone Jewelry shall not be liable to you or any third party for any termination of your access to the Site.

Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States.

 Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

The Terms of Use, Privacy Policy, Return Policy, and all additional Terms, constitute the entire agreement between you and the company with respect to the Website and supersede all prior and contemporaneous negotiations, agreements, proposals and understandings both written and oral, with respect to the website. (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Changes To Terms Of Service

You can review the latest version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.  

Contact Information  

If you have any questions or comments, please contact our Customer Services at support@birthstonesjewelry.com