Terms of Service & Conditions
WEBSITE TERMS OF SERVICE
Last updated: June 28, 2018
The website at aureliademark.com (the “Site”) is operated by Aurelia Holdings LLC, d/b/a Aurelia Demark (“Aurelia Demark”, “we”, “us”, and “our”). Aurelia Demark offers the Site, including all information, data, text, software, music, sound, photographs, graphics, video, messages or other material that are displayed, used, or otherwise incorporated into the Site (collectively, “Content”) to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting the Site or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (these “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, or contributors of content.
Please read these Terms carefully before accessing or using the Site. By accessing or using any part of the Site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or use any services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – GENERAL CONDITIONS
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site. We reserve the right to refuse service to anyone for any reason at any time. A breach or violation of any of the Terms will result in an automatic and immediate termination of your right to use the Services. The Site and its Content are owned by us or our licensors. Nothing herein will be deemed to grant you any right, title, or interest in the Site or Content.
SECTION 2 – RESTRICTIONS
You may not: (i) remove any trademarks, copyright notices, or any other notice contained in any Content; (ii) reproduce, download (other than page caching), modify, publish, distribute, transmit, disseminate, broadcast, transfer, license, sell, rent, lease, adapt, create derivative works based upon, publicly display or perform, or in any way exploit any Content; (iii) frame or utilize framing techniques to enclose the Site or any Content; (iv) disassemble, decompile or reverse engineer any of the Content; (v) attempt to hack any portion of the Site, or to defeat or overcome any encryption technology or security measures implemented by Us; (vi) transmit viruses or malicious code, or otherwise interfere with or disrupt the operation of the Site or the servers or networks connected to, or operated in connection with, the Site; (vii) violate any applicable local, state, national or international law; (viii) transmit any materials that are infringing, harassing, abusive, insulting, defamatory, discriminatory, or obscene; or (ix) submit any false or misleading information.
SECTION 3 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 4 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We make efforts to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. Any purchases are additionally subject to the Terms of Sale agreed to at the time of purchase.
SECTION 5 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
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 that we make a change to or cancel an order, we may 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. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 6 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 7 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, with or without a request from us, you send creative ideas, suggestions, proposals, plans, feedback, or other materials, (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use such Comments in any medium. We 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. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 8 - PRIVACY
SECTION 9 - DISCLAIMERS
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.
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 EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SITE, CONTENT, AND SERVICE ARE 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, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
IN NO CASE SHALL AURELIA DEMARK, 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 THE SITE OR CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, 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.
SECTION 10 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Aurelia Demark and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 11 - SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 12 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site. These Terms will automatically terminate if you materially breach any of these Terms. We may also suspend or terminate your access to the Site or Services in our sole discretion at any time.
SECTION 13 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any other policies posted by us on this Site constitute the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 14 - GOVERNING LAW
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of New York, without regards to conflicts of laws principles.
SECTION 15 - CONTACT INFORMATION
Questions about the Terms should be sent to us at email@example.com.
TERMS OF SALE
PLEASE READ THESE TERMS OF SALE (THESE “TERMS”) CAREFULLY. By CLICKING THE “CHECKOUT” BUTTON, you agree to be legally bound by and comply with these Terms. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS, DO NOT COMPLETE YOUR PURCHASE OF PRODUCTS ON THIS WEBSITE.
These Terms constitute a legally binding agreement between you and Aurelia Holdings LLC, d/b/a Aurelia Demark (“Aurelia Demark”, “we”, “us”, or “our”), and governs your purchase of items (“Items”) through the website located at aureliademark.com (the “Site”). By ordering Items through the Site, you signify your acceptance of the then-currently posted version of these Terms.
ORDERING AND PAYMENT
We accept American Express, Diners Club, Discover, JCB, MasterCard, Visa and PayPal. All payments are processed by Shopify, our third party e-commerce solutions provider. BY ENTERING CREDIT CARD INFORMATION, You represent and warrant that you have the right and are authorized to use the APPLICABLE credit card to purchase THE SUBSCRIPTION and that the billing and related information you provide is accurate, TRUE, COMPLETE, AND NOT MISLEADING OR FRAUDULENT.
If you request a change or cancellation of your order prior to shipment, we may agree to such change or cancellation in our sole discretion. Once the Item is shipped, your purchase is non-refundable, except as set forth in the “RETURNS” section below.
Pricing, Taxes, Pricing Errors
Prices offered on the Site are quoted in U.S. Dollars, unless otherwise specified. Such prices do not include sales taxes where applicable. You are responsible for any state and local sales or use taxes that may apply to your order, which will be added to your total invoice price during the checkout process. If the amount you are charged or pay for an Item is incorrect, regardless of whether it is an error in a price posted on this Site or otherwise communicated to you, then we reserve the right, at our sole discretion, to cancel your order and refund to you the amount that you paid, regardless of how the error occurred. If you dispute any charge, you must notify us in writing within 60 days of any such charge. Failure to so notify us will result in the waiver by you of any claim relating to such disputed charge.
We offer complimentary UPS ground shipping to US addresses. We also offer expedited shipping as an option at checkout for an additional cost. All orders are shipped insured and require a signature upon delivery. Aurelia Demark is not responsible for any carrier shipping delays and all orders are subject to inventory availability.
Please note that since all shipments require a signature upon delivery, we are not able to ship to PO Boxes, UPS or Fedex Retail Locations. We will use reasonable efforts to ensure any in-stock Items will be processed and shipped within 72 hours of receipt of your order. Orders placed after 3pm EST on Friday will be processed the following Monday.
Please allow 10 business days for production time in addition to your chosen shipping method.
Items purchased on aureliademark.com and shipped to a U.S. address may be returned to Aurelia Demark for a store credit or exchange within 7 days from the date you receive your order, subject to the conditions below.
Returns will not be accepted for:
- International orders;
- Worn, altered, or damaged Items;
- Items not returned in the original packaging (e.g., Aurelia Demark box and pouch);
- Items not purchased directly from the Site;
- Customized (special order not from our online offering) or engraved Items;
If you have a question or complaint about an Item you received, please contact us at firstname.lastname@example.org as soon as possible after delivery. If it appears your Item is eligible for a return, we will provide you return instructions. You will be responsible for:
- Ensuring that all pieces, including flat surfaces, are protected when returning. Chains should be separated from a pendant to prevent scratching during shipping; and
- Return shipping and insurance charges (we strongly recommend using an option with tracking functionality).
Aurelia Demark is not responsible for Items that are lost or damaged during return transit. If you purchased an Aurelia Demark jewelry piece from a different retailer and would like to exchange it, you must bring the item to the original retailer where it was purchased.
OTHER TERMS AND POLICIES APPLY
Except for your payment obligations under these Terms or an order, neither party will be liable for any failure or delay in performance due in whole or in part to any cause beyond the reasonable control of such party or its contractors, agents or suppliers, including but not limited to utility or transmission failures, failure or outages of the Internet or Internet Service Providers (ISPs), power failure, strikes or other labor disturbances, acts of God, acts of war or terror, floods, sabotage, fire, natural or other disasters.
These Terms are governed by and will be interpreted in accordance with the laws of the State of New York without regard to any conflicts of law provisions. The parties agree and consent to the exclusive jurisdiction of the state and federal courts in New York, New York with regards to any disputes arising in relation to these Terms or the Products.
If any provision of these Terms are held to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions. We and you are independent contractors for all purposes related to these Terms, and nothing in these Terms will be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between you and us. Neither party will have authority to contract for or bind the other party in any manner whatsoever. These Terms and the Related Policies constitute the entire agreement between us and you in connection with your purchase of any Subscriptions and supersedes any prior agreements between us and you regarding such purchases, including prior versions of these Terms. Each party will perform its obligations under these Terms in compliance with all applicable international, federal, state and local laws, regulations and ordinances. Any rights or obligations hereunder may not be transferred or assigned by you without our prior written consent. We may freely assign and delegate any of its rights or obligations hereunder.
How to Contact Us
If you have any questions about your purchase or these Terms, please contact us at email@example.com.