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AIJ Terms of Service
Last updated July 2, 2014
Welcome to the Anna Inspiring Jewellery (“AIJ”) website (“Site”). The Site is provided as a service to our customers. Please review the following terms and conditions of use, which govern your use of the Site (the "Agreement").
Your use of the Site constitutes your assent to follow and be bound by the Agreement. We reserve the right to update or modify this Agreement at any time without prior notice. For this reason, we encourage you to review the Agreement whenever you use the Site. If we make a material change to the Terms of Service, we will post a notice of the change on the Terms of Service. Your continued use of the Site will signify your acceptance of these changes.
We reserve the right to refuse any order you place with us. This may include, for example, an order for a personalized bracelet containing political or profane content. [AC1] We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
We hope you love what you ordered from AIJ. But, in the event you need to return your purchase, AIJ can accept returns within 14 days of purchase in exchange for store credit. Unfortunately, personalized items are non-returnable.
Right to Change Sites
We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the Site or any service, content, feature or product offered through the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Site.
Intellectual Property Rights
Unless otherwise noted, the Site, and all materials on the Sites, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the "Contents"), are owned, controlled or licensed by AIJ.
AIJ’s Content may not be used in connection with any product or service that is not AIJ’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits AIJ. All other trademarks not owned by AIJ that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by AIJ. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Site, without the prior written permission of the trademark owner. We aggressively enforce our intellectual property rights to the fullest extent of the law.
The Site and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Site.
Unless otherwise specified, the Site and the Contents are intended to promote AIJ's products and services available in the United States. The Site is controlled and operated by AIJ from its offices in New York, NY.
Any unauthorized use of this Site or any Content terminates any permission or license that we granted you, and may violate applicable laws including copyright laws, trademark laws (including trade dress), and communications statutes and regulations. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the Site, so long as the link does not portray AIJ, or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any AIJ logo or other proprietary graphic or trademark as part of the link without express written permission.
User Comments, Feedback, and Other Submissions
AIJ is pleased to hear from users and welcomes your comments regarding our products and services. You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead AIJ or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. AIJ takes no responsibility and assumes no liability for any comments posted by your or any third party.
Personal Information Submitted Through the Sites
Many products displayed on the Site are available in select AIJ stores. The prices displayed on the Sites are quoted in U.S. Dollars.
Certain products may be available exclusively online through the Site. These products may have limited quantities and are subject to return or exchange only through the Site according to the applicable return policy.
Errors, Inaccuracies, and Omissions
Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, 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 on the Site is inaccurate at any time without prior notice (including after you have submitted your order).
Notification of Copyright Infringement under the Digital Millennium Copyright Act (DMCA)
If you believe that your copyrighted material may have been infringed, please provide AIJ with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, your e-mail address;
- A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
AIJ's designated agent to receive notifications of claimed infringement can be reached by:
ANNA Inspiring Jewellery
825 Washington Street
New York, NY, 10014,
825 Washington Street
New York, NY, 10014,
Links to Other Web Sites and Services
The Site may contain links to other websites that are not under the control of AIJ. AIJ has no responsibility for the linked websites nor does linking constitute an endorsement of any linked website. Links are provided solely for the convenience and information of the Site’s users.
The materials on the Site are provided "as is" without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. AIJ expressly disclaims any duty to update or revise the materials on the Site, although AIJ may modify the materials at any time without notice. Your use of the Site is at your sole risk, and you assume full responsibility for any costs associated with your use of the Site. AIJ shall not be liable for any damages of any kind related to your use of the Site.
Limitation on Liability
IN NO EVENT WILL AIJ, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THIS SITE, ANY WEBSITES LINKED TO THIS SITE, ANY CONTENT OF THIS SITE, OR ANY SERVICES OR ITEMS OBTAINED OR PURCHASED THROUGH THIS SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold Wenna harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the site and/or your breach of any representation, warranty, or other provision of the Agreement.
You and AIJ agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Site, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent
(1) to AIJ at: AIJ, 825 Washington Street, New York, NY, 10014, ATTN: Business and Legal Affairs/Terms of Service., or
(2) to you at: your last-used billing address or the billing and/or shipping address in your online profile.
Both you and AIJ agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to filing any claim against the other party.
Choice of Law
This Agreement shall be construed in accordance with the laws of the State of New York, without regard to any conflict of law provisions.
Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. You agree that you will seek relief only on an individual basis, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitration shall be conducted in New York County, New York, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
Either you or AIJ may seek any interim or preliminary relief from a court of competent jurisdiction in New York County, New York necessary to protect the rights or property of you or AIJ pending the completion of arbitration. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of or relating to this Agreement, or your use of the Site. You further agree not to raise any forum non conveniens challenge to a suit, action or proceeding brought in New York County, New York.
A printed version of the Terms of Service and of any notice given in electronic form shall be admissible in judicial or other proceedings based upon or relating to the Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of Wenna’s right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the Sites.