Terms + Conditions

Posting Date:  October 20th, 2021
Effective Date: October 20th, 2021
 
Ashley Gaddi Jewelry Terms and Conditions
Ashley Gaddi Jewelry is pleased to provide our website (ashleygaddijewelry.com) (the “Site”) as a service to our customers.  Please review the following terms of use which govern your use of the Site (the “Agreement”).  


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.


  • Site Transactions

  • 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.  
     
  • Right to Change Site

  • 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.
     

     

    1. Site Content
    Unless otherwise noted, the Site, and all features and materials on the Site, including text, images, illustrations, designs, icons, photographs, video clips, product names, and other content, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the “Content”), are owned, controlled or licensed by Ashley Gaddi Jewelry.
     
    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.
     
  • Product Description

  • 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. 
     
    1. Medical Information
    This product is not intended to diagnose any medical condition or to cure, mitigate, treat, or prevent any disease. 
     
    1. No Returns, Refunds, or Exchanges
    The products available through the Site are custom made.  All sales are final and no returns, refunds or exchanges will be accepted.
     
    1. Product Care
    We recommend cleaning the products with a mild ammonia, vinegar cleaning solution, or mild dish soap.  Apply the cleaning solution and let it sit on the product for a few minutes.  Rinse and dry thoroughly after cleaning.  Use a new, soft cloth to avoid scratches.  Please contact us at info@ashleygaddijewelry.com with any questions about product care.
     
    1. Registration Obligations
    You may be required to register with Ashley Gaddi Jewelry in order to access and use the Site. In doing so, you agree to provide and maintain true, accurate, and complete information about yourself. If you are under 13 years of age, you may not use or register to use the Site. If you are under the age of majority in the applicable jurisdiction, you may only use or register to use the Site with the consent of your parent or guardian.
    1. Account Access and Security
    You are responsible for the confidentiality and use of your account, including your username(s) and password(s). You agree not to hold Ashley Gaddi Jewelry liable for any damages of any kind resulting from your decision to disclose your username(s) or password(s) to any third party, including, but not limited to, entities that aggregate account information or website content, or persons who are or claim to be acting as your agent, proxy or advisor. If you inform Ashley Gaddi Jewelry or Ashley Gaddi Jewelry has reason to believe that the security of your account may be or has been compromised, we have the right to suspend or terminate your use of the Site. 
    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.
  • Personal Information Submitted Through the Site

  • Your submission of personal information through the Site is governed by our Privacy Policy, which can be found at www.ashleygaddijewelry.com/privacy-policy.  This Agreement incorporates by reference the terms and conditions of the Privacy Policy.
     
    1. Consent to Electronic Communications and Opting Out
    You consent to the receipt of electronic mail, including newsletters, from Ashley Gaddi Jewelry. You may opt out of future emails about products or services by following instructions contained in an email that you receive from us.  We reserve the right, however, to email you important information relating to your account.
     
  • Errors, Inaccuracies, and Omissions

  • 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.
     
  • User Comments, Feedback, and Other Submissions

  • 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.
     
  • Online Conduct

  • 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.
     
    1. Prohibited Material
    You may not post or transmit through the Site: advertising or commercial solicitations; promotional materials relating to websites or online services which are competitive with Ashley Gaddi Jewelry and/or the Site; software or other materials that contain so-called viruses, worms, time bombs, Trojan horses, or other harmful or disruptive components; political campaign materials; chain letters; mass mailings; spam mail; material protected by copyright, trademark or any other proprietary right; any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or the Content; or posts that express or imply that any statements you make are endorsed by Ashley Gaddi Jewelry. Additionally, you may not harvest or collect information about Site visitors without their express consent.
     
  • Monitoring

  • 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.
     
  • Third Party Sites

  • 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.
     
  • Indemnification

  • 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.
     
  • Disclaimer

  • 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.
     
    1. Limitation of Liability
    UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL ASHLEY GADDI JEWELRY OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ASHLEY GADDI JEWELRY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.  SUBJECT TO THE FOREGOING, IN NO EVENT WILL ASHLEY GADDI JEWELRY BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
     
    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.
     
  • Severability

  • 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.
     
  • Applicable Law

  • 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.
     
  • Class Action Waiver

  • 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.
  • Contact Us

  • If you have any questions concerning the Site or this Agreement, please contact us using the information below.
    Ashley Gaddi Jewelry
    www.ashleygaddijewelry.com
    Email: info@ashleygaddijewelry.com