Sasha L Jewels, LLC (hereinafter referred to as the “Company” or “SLJ”) offers the Use (as defined below) of www.sashaljewels.com (“WEBSITE”), subject to the following terms and conditions (“Terms and Conditions”). The viewer or user (collectively, the “User” or “you”) should read these Terms and Conditions carefully before using the WEBSITE. By continuing to view and use the WEBSITE, the User agrees to these Terms and Conditions. If the User does not agree to the Terms and Conditions set forth herein or otherwise on the WEBSITE, the User must not use it.
The User agrees that these Terms and Conditions and associated information contained on the WEBSITE contain the full and complete understanding between the parties and supersede any and all prior arrangements and understandings whether written or oral relating to the subject matter of these Terms and Conditions.
The Company retains the right to change the content of the WEBSITE or these Terms and Conditions at any time and in its sole discretion. It is the User’s responsibility to check these Terms and Conditions periodically for any changes. Any changes made to these Terms and Conditions shall be effective immediately upon posting. The User’s continued use of the WEBSITE following the posting of changes to these Terms and Conditions constitutes the User’s acceptance of those changes.
The situating of the WEBSITE on the World Wide Web and/or Internet constitutes a continuing offer by the Company to the User to use, as such term is defined below, the WEBSITE according to the Terms and Conditions. By utilizing the WEBSITE in any manner, including, without limitation, by viewing the same, downloading any and all material from this WEBSITE, providing or disclosing any personal information through the WEBSITE, purchasing products through the WEBSITE and/or becoming a member or opening an account and/or profile with this WEBSITE (collectively, a “Use”), the User accepts that offer and creates a binding contract between the parties to adhere to the same. The parties stipulate that sufficient consideration exists to create the contract, and that it is therefore binding upon them. Further, by its Use of the WEBSITE, the User makes the material representation upon which he wishes the Company to rely that he will adhere to the Terms and Conditions in connection with the User’s Use of the WEBSITE. If the User is dissatisfied with any of the Terms and Conditions, the User’s sole and exclusive remedy is to discontinue using the WEBSITE. Finally, by his Use of the WEBSITE, the User also stipulates that a violation of any of the Terms and Conditions will result in irreparable harm to the Company not compensable in money damages, such that, without limitation, injunctive relief shall be necessary and appropriate remedy.
The WEBSITE is owned by the Company. All content and service provided on the WEBSITE including, without limitation, images, graphics, pictures, texts, computer code, logos, trademarks, photographs, data, messages, digital downloads, data compilations, video clips, audio, sounds, music, artwork and design (“Materials”) is owned or licensed to the Company and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
2. USE OF THE WEBSITE
The User is hereby granted a limited, personal, non-exclusive, non-commercial, fully-revocable license to use the WEBSITE to purchase products and obtain information about the Company’s products through the WEBSITE. The User acknowledges that his Use of the WEBSITE will in no way provide him with any ownership or other interest in the Materials. The User agrees that his Use of the WEBSITE is for his/her own personal use and not for a commercial purpose.
The User agrees not to copy, download, reproduce, modify display, post, distribute, perform, transmit, transfer or otherwise use the Materials except as set forth in the Terms and Conditions.
THE COMPANY DOES NOT PROMISE THAT THE WEBSITE OR ANY CONTENT, SERVICE OR FEATURE OF THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED OR THAT THE USE OF THE WEBSITE WILL PROVIDE SPECIFIC RESULTS. IN FACT, THE USER ACKNOWLEDGES THAT THERE WILL BE TIMES WHEN THE WEBSITE WILL BE INTERRUPTED WHETHER FOR UPGRADES, MAINTENANCE AND EMERGENCY REPAIRS OR OTHERWISWE AND YOU AGREE THAT THE COMPANY IS NOT LIABLE TO THE USER OR ANY THIRD PARTY FOR ANY DISCONTINUANCE, SUSPENSION OR MODIFICATION OF THE WEBSITE. THE COMPANY CANNOT AND DOES NOT ENSURE THAT ANY FILES OR OTHER DATA THE USER DOWNLOADS FROM THE WEBSITE, IF ANY, WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES OR ANY OTHER DISRUPTION INHERENT IN THE OPEATION OF THE INTERNET AND THE WORLD WIDE WEB. IN THAT REGARD AND IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INJURY, CLAIM, LOSS AND/OR DAMAGE RESULTING FROM ANY OF THE ABOVE INCLUDING WITHOUT LIMIATION INTERRUPTED SERVICE, VIRUSES CONTAMINATION AND DESTRICTIVE FEATURES.
IN ADDITION, THE COMPANY CANNOT BE HELD RESPONSIBLE FOR THE ACCURACY OF ANY STATEMENT, OPINION, TESTIMONIAL OR ADVICE MADE ON THE WEBSITE OR FOR ANY LIBELOUS, DEFAMATORY, ILLEGAL OR OFFENSIVE CONDUCT BY ANY USER. THE USER AGREES TO NOTIFY THE COMPANY OF ANY SUCH CONDUCT.
WHILE WE TAKE GREAT CARE TO ENSURE OUR ADVERTISING IS ACCURATE, MISTAKES MAY OCCUR. WHEN A MISTAKE IS NOTICED WE WILL CORRECT IT AS SOON AS POSSIBLE AND WILL NOTIFY CUSTOMERS WHO ARE AFFECTED. WHERE NECESSARY, AN ORDER MAY BE CANCELLED PRIOR TO SHIPPING THE PRODUCT.
The User agrees to defend indemnify and hold harmless the Company and the WEBSITE, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, successors, subsidiaries, agents, affiliates, partners, licensors and assigns (“Indemnified Parties”), from and against any and all claims, actions, loss, liabilities, expenses or costs including, without limitation, legal or accounting fees, for all damages directly or indirectly and/or consequentially resulting or allegedly resulting from the User’s improper or unauthorized use of the WEBSITE, the Materials and any other materials contained on the WEBSITE.
6. THIRD PARTY CONTENT, LINKS, INFORMATION AND ADVERTISEMENTS
The User acknowledges that the WEBSITE may contain and/or display material created and posted by third-parties including links, information, advertisements and other content (collectively, “Third-Party Information”). This Third-Party Information may contain errors, inaccuracies, outdated information, omissions and/or falsities and may be subjected to the terms and conditions and policies of these third-parties. The Company does not make any representations and/or warranties as to the completeness, accuracy, adequacy or reliability of this Third-Party Information and is not responsible for any lack of the foregoing. Furthermore, any transactions and/or business dealings including, without limitation, the payment and delivery of products and services, between the User and the Third-Party Information is strictly and solely between the User and the third-party and does not concern the Company. The User agrees that the Company will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or the offering of such products, services and other content on the WEBSITE. In addition, descriptions of, or references to, products, services or publications with the WEBSITE do not imply sponsorship, endorsement of that product, service or publication.
7. NO SOLICITATION
The WEBSITE and the information contained herein does not constitute an offer or a solicitation of an offer for the purchase or sale of any securities.
8. ORDERS & PAYMENTS
THE COMPANY RESERVES THE RIGHT TO LIMIT QUANTITIES.
ALL PRICES QUOTED ARE IN US DOLLARS.
The WEBSITE utilizes an independent, third party service provider for the processing of payments, as is made available through the WEBSITE (“Payment Processor”). Currently, the Payment Processor is Pay Pal. Pay Pal payments are only accepted for U.S. domestic transactions. Currently, the Company accepts credit card/debit card transactions only via WEBSITE. The User is responsible for reviewing the terms and conditions of the User’s agreement with the Payment Processor, which will include, but not be limited to, the way the Payment Processor collects information, the manner in which they process payments and the duties and obligations that the User has with the Payment Processor. Any disputes or complaints with billing shall strictly be handled through the Payment Processor’s complaint procedures. Without limitation, the User acknowledges and agrees that the Company has no obligation in this regard, and need not intercede in any such transaction on a User’s behalf. Moreover, the User specifically releases the Company and this WEBSITE from all liabilities and claims of loss resulting from any error or discrepancy in the billing. The User also specifically releases and waives any claim against the Company arising out of or otherwise related (whether directly or indirectly) to a dispute between the User and the Payment Processor.
Orders placed do not constitute a legal contract until SLJ ships the product. Terms of payment are within SLJ’s sole discretion, and unless otherwise agreed to by SLJ, payment must be received by SLJ prior to SLJ’s acceptance of an order. Credit card/debit payment is subject to credit card verification procedures. We reserve the right to cancel an order if it does not meet our credit card verification standards. Your order is subject to cancellation by SLJ, at SLJ's sole discretion. SLJ is not responsible for pricing, typographical, or other errors, in any offer by SLJ and reserves the right to cancel any orders resulting from such errors.
Taxes: Applicable state and local sales taxes will be charged to all sales for required states.
SLJ stands behind its work 100%. Before placing your order, please make sure to review the detailed jewel descriptions, dimensions and closures to ensure they are appropriate for you. We also advise that you practice proper “jewelry care” (see Jewelry Materials & Care -“SLJ’s Jewelry Care Policy”). We welcome questions, so if you are not sure about an order, contact us with questions before ordering. Returns are not accepted if jewelry specifications are not appropriate or for jewelry care misuse/damage including using or caring for the jewelry in a manner that is inconsistent with SLJ’s Jewelry Care Policy. Subject to the exceptions herein, however, if you are not satisfied with your purchase, you may return your purchase in its original, unworn condition within seven (7) days of receipt of the product for a full refund minus the shipping costs associated with sending you the product. Refunds are subject to SLJ’s discretion upon receipt of the returned product. Where SLJ decides to give a refund for the return of a certain item, it will provide the refund within 30 days from receipt of your returned product. SLJ absolutely does not accept returns with respect to any special or custom orders. Additional Shipping information is detailed in SHIPPING & HANDLING; TITLE; RISK OF LOSS; BACKORDERS; TAXES Paragraph 12.
Please contact us to request a return.
We will ensure that you are satisfied with your jewelry repair or special custom orders upon agreement. You understand that SLJ will communicate any altercations or replacements needed for jewelry repair and will not make set changes until both parties agree. SLJ is free from liability once agreement is made.
11. COLORS DISCLAIMER; PHOTOGRAPHY DISCLAIMER; NAME DISCLAIMER
We have made every effort to display as accurately as possible the colors of our products that appear on the WEBSITE. However, you should be aware that SLJ is not responsible for natural variations in color, size and cut within jewelry gemstones, glass, etc. Additionally, actual colors you see will depend on your monitor and/or screen, we cannot guarantee that your monitor' and/or screen’s display of any color will be accurate.
In addition, some products may appear in the photographs on the Website larger or smaller than the actual size of the product due to a variety of reasons including screen defaults, browsers, and/or photography techniques. Furthermore and solely for your convenience, other products may be represented at (i) a larger than actual size to show details of the product with additional clarity or (ii) a smaller than actual size in order for you to see the entire product.
Furthermore, any names utilized in connection with any products on the WEBSITE including, without limitation, the names utilized to describe certain collections of jewelry are determined by SLJ, in its sole and complete discretion, and may or may not accurately describe and/or depict the look and/or appearance or any other quality of the product(s). In that regard, the names are utilized solely for SLJ’s convenience and should not be interpreted or construed by you as depicting or describing the product(s) associated with the name.
12. SHIPPING & HANDLING; TITLE; RISK OF LOSS; BACKORDERS; TAXES
SLJ is not responsible for any shipping costs associated with returns of any of SLJ’s products by you. Shipping and handling costs are additional unless otherwise expressly indicated at the time of sale. Title to Product passes from SLJ to you upon shipment by SLJ. SLJ will not be responsible for any physical damage to any shipment if it is not inspected at the time of delivery and damages or suspected damages are not clearly noted on the carrier’s paperwork at the time of delivery. Loss or damage that occurs during shipping by any carrier selected by you is your responsibility. You must notify SLJ within 5 days of the date of your receipt of the product(s) if you believe any part of your purchase is missing, wrong or damaged. Unless you provide SLJ with a valid and correct tax exemption certificate applicable to your purchase of any products on the Website and the product ship-to location, you are responsible for sales and other taxes associated with the order. Any quoted shipping dates are estimates only.
Backorder Situations: There may be times when an item you wish to order is on backorder or it may take longer for SLJ to ship to you, as described below. We do our best to ship within 7 days from receipt of your order and will contact you if shipment may be delayed for any reason.
International Orders: SLJ has the discretion to accept/ not accept international orders. If SLJ does accept international orders, please contact us before placing an international order. Please note that the following additional terms and conditions apply to all international orders:
14. ACCOUNTS, PASSWORDS AND SECURITY
Certain features or services offered on or through the WEBSITE may require the User to open an account (including setting up an ID and password). The User is entirely responsible for maintaining the confidentiality of the User’s account information, including User’s password, and for any and all activity that occurs under the User’s account. The User agrees to notify the Company immediately of any unauthorized use of the User’s account or password, or any other breach of security. However, the User may be held liable for losses incurred by the Company, any other user of the WEBSITE or any third-party due to someone else using the User’s ID, password or account.
15. INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS
The Company endeavors to respect and protect the intellectual property rights of others. Please see contact us if you believe that your material has been improperly copied by the Company in a way that constitutes infringement of your intellectual property.
Include in that notification the following information: (a) your full name, email address, postal address and telephone number where you can be contacted; (b) if you are not the owner of the copyright work, include a statement, under penalty of perjury, with an electronic or physical signature that you are permitted to act on behalf of the owner of the work; (c) the identification of the copyrighted material alleged to be infringed; (d) identification of the material that is alleged to be infringing; (d) that you have a good-faith basis to believe that the use of the material complained of is not authorized by the copyright owner, its agent, or the law.
All notices and other communications to the Company, if any, that are to be given under the Terms and Conditions must be in writing which shall be given by delivery via electronic mail to the Company e-mail address. Such notice shall be deemed effective 24 hours after the message was sent if no “system error” message or other notice of non-delivery is generated.
17. GOVERNING LAW AND CHOICE OF LAW
The User agrees that the laws of the State of New Jersey shall govern any dispute directly or indirectly related to such Use, as defined below (a “Dispute”). Further, the User consents to the exclusive jurisdiction of the courts of the State of New Jersey or, if federal jurisdiction, exists, at the option of either party to the jurisdiction of the United States District Court for the District New Jersey in regard to such Dispute. Service of the summons and complaint to initiate any such action shall be deemed complete when sent either as required by Court procedure or by (a) electronic mail to any of the User’s current or future electronic email addresses, and (b) ordinary mail, in the event a regular mailing address has been provided by the party upon which service is being effected.
18. ATTORNEYS’ FEES
If the Company or its affiliates undertake any action to enforce these Terms and Conditions, such party will be entitled to recover from the User, and the User hereby agrees to pay, any and all attorneys’ fees and any costs of litigation, in addition to any other relief at law or equity to which such party is entitled. In such event, the Company shall be entitled to recover all costs, including both actual pre-judgment and post-judgment attorneys’ fees and costs, involved directly or indirectly in its enforcement efforts, whether or not it does so through the institution of formal legal proceedings.
If any portion of these Terms and Conditions is ruled invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted. Any invalid or unenforceable portion shall be construed as narrowly as possible in order to give effect to as much of the Terms and Conditions as possible.
20. PERSONAL INJURY or ALLERGIES
SLJ endeavors to use hypoallergenic jewelry materials and provide jewelry descriptions, dimensions, and proper jewelry wear & care information including, without limitation, SLJ’s Jewelry Care Policy. You are obligated to comply with SLJ’s Jewelry Care Policy. To the extent permitted by applicable law, in no event will the Indemnified Parties be liable to you or any third party for any loss or damages (regardless of the theory of liability) including, without limitation, direct, special, punitive, exemplary, incidental or consequential damages arising out of or related, directly or indirectly, to any claim, demand, cause of action, debt, liability, damages, costs or expenses including reasonable attorneys’ fees and expenses, arising from or related, directly or indirectly, to SLJ’s products including, without limitation, claims for personal injury (ie, personal injury from allergic reactions).