Terms + Conditions
Posting Date: October 20th, 2021
Effective Date: October 20th, 2021
Ashley Gaddi Jewelry Terms and Conditions
YOUR USE OF THE SITE CONSTITUTES YOUR AGREEMENT 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 YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITE.
We reserve the right to refuse any order you place with us. 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 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 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.
- Site Content
The Site and the Content are intended solely for personal, non-commercial use. You may download or copy the Content 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 Content or the Site.
Unless otherwise specified, the Site and the Content are intended to promote our products and services. The Site is controlled and operated by Ashley Gaddi Jewelry from its offices located at Chicago, Illinois.
We provide the most accurate information on the Site as possible. However, we do not warrant that product descriptions or other content on the Site is accurate, complete, reliable, current or error-free.
- Medical Information
- No Returns, Refunds, or Exchanges
- Product Care
- Registration Obligations
- Account Access and Security
You agree to immediately notify Ashley Gaddi Jewelry if you become aware of any loss or theft of your username(s) or password(s), or any unauthorized use of your username(s) or password(s), or of the Site.
- Consent to Electronic Communications and Opting Out
Occasionally there may be information on the 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) with the contract of sale.
We ask that you do not send creative ideas, suggestions, proposals, plans, or other materials for our business. If, at our request, you send certain specific submissions (for example, customer reviews) or without a request from us you send creative ideas, suggestions, customer reviews, photographs, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that Ashley Gaddi Jewelry may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to Ashley Gaddi Jewelry. Ashley Gaddi Jewelry is and shall be under no obligation:
(1) to maintain any Comments in confidence;
(2) to pay compensation for any Comments; or
(3) to respond to any Comments.
Ashley Gaddi Jewelry has the right but not the obligation to monitor and edit or remove any Comments. You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. 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 email address, pretend to be someone other than yourself, or otherwise mislead Ashley Gaddi Jewelry or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. Ashley Gaddi Jewelry takes no responsibility and assumes no liability for any Comments posted by you or any third party.
The Site is intended to be used only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, indecent, scandalous, profane, bigoted or hateful, libelous, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. In addition, you may not engage in any activity on the Site that restricts or inhibits any other user from using or enjoying the Site by means of "hacking," "cracking," "spoofing," or disabling or defacing any portion of the Site.
If Ashley Gaddi Jewelry is notified of allegedly defamatory, damaging, illegal, or offensive content provided by a user, Ashley Gaddi Jewelry may investigate the allegation and determine, at its sole discretion, whether to remove or request the removal of such content from the Site. Ashley Gaddi Jewelry may disclose any content or electronic communication of any kind: (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect the rights or property of Ashley Gaddi Jewelry, its users or third party service providers.
Ashley Gaddi Jewelry reserves the right to prohibit conduct, communication, or content that it deems, in its sole discretion, to be harmful to individual users or Ashley Gaddi Jewelry, any rights of Ashley Gaddi Jewelry or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither Ashley Gaddi Jewelry nor its providers can ensure prompt removal of questionable content after online posting. Accordingly, neither Ashley Gaddi Jewelry, nor its affiliates, nor any of their officers, directors, employees, or agents, nor providers shall assume liability for any action or inaction with respect to conduct, communication, or content on the Site.
Ashley Gaddi Jewelry may terminate your access, or suspend your access to all or part of the Site, without notice, for any conduct that Ashley Gaddi Jewelry, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another user, a third-party provider, a service provider, or Ashley Gaddi Jewelry.
- Prohibited Material
Ashley Gaddi Jewelry or its representatives have the right, but not the obligation, to monitor the Content of the Site to determine compliance with this Agreement. We retain our right to and with our sole discretion, edit, refuse to post or remove any material that we find to be in violation of these conditions or that is otherwise objectionable or offensive. This same discretion applies to our right of disclosure of any material submitted to the Site and circumstances surrounding their submission to any third party in order to operate the Site properly and to protect our sponsors, our visitors, and ourselves and to comply with our legal obligations and government requests.
The Site may contain links to other websites. If you link to another website, you will leave the Site and this Agreement will not apply to your use of, and activities on, those other websites. We encourage you to read the legal notices posted on those other websites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, those websites.
You acknowledge and agree that we have no responsibility for the accuracy or availability of information provided by websites to which you may link from the Site (“Linked Sites”). Links to Linked Sites do not constitute an endorsement by or association with us of such Linked Sites or the content, products, advertising or other materials presented on such Linked Sites. We do not author, edit, or monitor these Linked Sites. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such Linked Sites.
You agree to defend, indemnify, and hold harmless Ashley Gaddi Jewelry, its affiliates, third party service providers, and their respective directors, officers, employees, owners, licensors, licensees, and agents from and against all claims, damages, losses, costs and expenses, including reasonable attorneys' fees, arising out of a breach of this Agreement by you and/or your activities in connection with the Site or any services related to the Site. We may participate in the defense of any claim. You shall not settle any claim that affects Ashley Gaddi Jewelry without our prior written approval.
THE SITE IS PROVIDED BY ASHLEY GADDI JEWELRY ON AN "AS IS" AND "AS AVAILABLE" BASIS. ASHLEY GADDI JEWELRY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ASHLEY GADDI JEWELRY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
ASHLEY GADDI JEWELRY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND CONSEQUENTIAL DAMAGES.
ASHLEY GADDI JEWELRY, ITS AFFILIATES, AND AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE CONTENT, INFORMATION OR OTHER MATERIALS LOCATED ON THE SITE.
YOU UNDERSTAND AND AGREE THAT ASHLEY GADDI JEWELRY IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THIRD PARTY APPLICATIONS OR PRODUCTS OR SERVICES ADVERTISED ON OR THROUGH THE SITE. AS WITH ANY PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM ASHLEY GADDI JEWELRY SHALL CREATE ANY WARRANTY ON BEHALF OF ASHLEY GADDI JEWELRY. IN THIS REGARD. SOME ASPECTS OF THIS SECTION MAY NOT APPLY IN SOME JURISDICTIONS IF PROHIBITED BY APPLICABLE LAW.
THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
- Limitation of Liability
Nothing in the Agreement removes or limits Ashley Gaddi Jewelry’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law.
The provisions of this Agreement are intended to be severable. If for any reason any provision of this Agreement shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
This Agreement is governed by and shall be construed in accordance with the laws of the State of Illinois, the principal place of business of Ashley Gaddi Jewelry, without giving effect to any principles of conflicts of law. You agree to bring any claims against Ashley Gaddi Jewelry exclusively in the courts of Cook County in the State of Illinois.
WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND ASHLEY GADDI JEWELRY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Ashley Gaddi Jewelry agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
If you have any questions concerning the Site or this Agreement, please contact us using the information below.
Ashley Gaddi Jewelry