Terms and Conditions
Please read these terms carefully, because the use of all pages hosted at vanessanicole.com (“Site”) is subject to the following Terms and Conditions (“Terms”). From time to time, we, VNJ INC. | 861 6th Ave Suite 715 San Diego, CA 92101 may revise these Terms, so please review them regularly. By using the Site, you assent and agree to these Terms. If you do not agree, please do not use our Site.
Use of Materials on this Web Site
We have created this Site to inform you about us and our products. Everything you see or read on the Site, including images, photographs, any person represented in the designs, photographs, illustrations, icons, texts, video clips, written and other materials (“Material”) is protected by applicable copyright, designs, trademark and other intellectual property legislation, nationally and internationally. Unauthorized use of our Material may infringe copyright and trademark laws, as well as other applicable laws and statutes.
We care about our Site and Material – do not sell, reproduce, distribute, modify, display, publicly perform, report or otherwise prepare derivative or second hand works based on or use any Material in any way for any public or commercial purposes. We are excited about press, links, and any attention our products and our site garners. If you wish to use our Material, contact us at email@example.com.
Unauthorized use of our Material may infringe copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
All contents of this Web Site are either copyright (c) VNJ INC. or are licensed for use by us. All rights reserved.
We are excited to receive pictures, emails, comments and other correspondence. Please note that we will treat any unsolicited communication or material you transmit to us via the Site, by email or otherwise, including, but not limited to, any data, questions or answers, comments, suggestions (“Communication”), or the like as non-confidential and non-proprietary. We will obviously treat your private data for orders and product inquiries confidentially.
You automatically grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display these Communication(s) alone, or as a part of other works in any form, media, or technology whether now known of hereafter developed and you allow us to sublicense all of these rights to anyone. You allow us, our partners and other third parties affiliated with us to use anything you transmit to us for any purpose. This includes, but is not limited to reproduction, disclosure, transmission, publication, broadcast and posting, or developing, manufacturing and marketing products using such information.
We do our best to ensure that the information we provide on the Site is accurate and complete. However, we do not warrant or represent that our Material is accurate, error-free or reliable or that any use of our Material will not infringe rights of third parties. The use of the Site is at your own risk. We do not warrant that the functional and/or technical aspects of the Site or our Material will be error free or that this Site, the Material or the server that makes it available are free of viruses or other harmful components. We are not responsible for the costs you may incur if your use of this Site or Material results in the need for servicing or replacing property, material, equipment or data. Without limiting the foregoing, everything on the Site is provided to Users “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, REASONABLE CARE AND SKILL, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, consequently some of the above exclusions may not apply.
Links & Linking
We may link to other web sites operated by third parties not affiliated with us. While we like our partners and friends, a link does not imply our endorsement of those sites. We have not reviewed all of the sites linked to our Site and we are not responsible for the content or accuracy of any off-site pages or any other sites linking to our Site. Please note that linking to any other off-site pages or third sites is at your own risk. If you wish to link to us, please contact us at firstname.lastname@example.org.
You agree that we may terminate your access to and use of the our Site if we reasonably believes that you have violated or acted inconsistently with the letter or spirit of this Agreement, or violated any of our rights. You agree that we may modify or discontinue this Site, with or without notice to you and that we will not be liable to you or any third party as a result of such modification or discontinuation. The provisions entitled “Disclaimer,” “Limitation of Liability,” and “General Provisions” will survive termination of these Terms.
Limitation of Liability
Under no circumstances whatsoever shall we be liable for any loss arising out of or in connection with the use of information available from this Site whether direct or indirect including, without limitation, any liability relating to any loss of use, interruption of business, lost profits or lost data, or incidental, special or consequential damages of any kind regardless of the form of action, whether in contract, tort (including negligence) or otherwise, even if you we have been advised of the possibility of such damages. Because some states and countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not be operable.
Unless otherwise specified, the information and materials in the Site are presented solely for the purpose of promoting our products and services and allowing to present our products for sale. We make no representation that our Material is appropriate or available for use in every country of the world. You use this Site at your own risk and you are responsible for compliance with applicable local laws. Please keep in mind that access to our Material may not be legal by certain persons or in certain countries. We endeavor to ship our products to many parts of the world. However, not all of our products are available worldwide. If you would like to purchase our products outside of the United States, please contact us by email. Any cause of action you may have with respect to this Site must be commenced within two years after the claim or cause of action arises.
Applicable law and Jurisdiction
The Conditions of Sale shall be governed by and construed in accordance with the laws of the State of California, without reference to conflict of laws provisions. Any dispute, controversy or claim arising out of or in relation to the Conditions of Sale, including the validity, invalidity, breach or termination thereof, shall be adjudicated or arbitrated in the State of California and County of California. Our waiver of a breach of any provision of these Terms will not operate to be interpreted as a waiver of any other or subsequent breach.
TERMS OF SALE
If you, for any reason, cannot lawfully enter into a contract and place an order, this order shall be null and void.
All orders placed on the Website are subject to availability and acceptance of your order by VNJ INC.. Because our products are handmade, we may change the assortment of items offered and to limit the quantity of items that may be purchased without prior notice. Please browse the product pages of the Website or contact us by telephone or email to discover products that are currently available for sale.
REVIEW AND CONFIRMATION
When you place an order through the Site, email or by telephone, you are making an offer to VNJ INC. to purchase the products in accordance with these Conditions of Sale. Please carefully check all details before placing your order through the Site. Once you have confirmed all details and placed your order, we will send you an email to acknowledge that we have received your order. Upon shipping of your order, we will send you another email to confirm your order (“Order Confirmation”). Once you receive this Order Confirmation, the offer and acceptance process is concluded and a sales contract is executed.
MISPRINTS AND/OR PRICING ERRORS
It is never our intent to advertise with incorrect pricing or information, and we make every attempt to ensure the accuracy of the prices and information on our site and Purchase Agreements. However, mistakes can happen. We are not responsible for errors and reserve the right to correct them. We also reserve the right to cancel any orders placed due to a pricing error.
In accordance to common law, when an order is placed online, the price is not a binding agreement until the order is shipped. In the event there is a pricing error, we will either contact you with the correct information or agree to cancel the order. Vanessa Nicole Jewels will ONLY honor pricing errors where the item is shipped prior to the error's discovery. We apologize for any inconvenience this may cause.
PROOF OF AGREEMENT
Our Order Confirmation sent by email upon shipping is deemed to be received when you are able to access it on your computer, mobile or handheld device. The Order Confirmation will be proof of a binding agreement between you and VNJ INC.. We strongly encourage you to keep a copy (electronically and/or on paper) of all information associated with your order.
A signature is required for all domestic and international packages.
Vanessa Nicole Jewels insures each purchase during the time it is in transit until it is delivered to you. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you are not the receiver of your purchase (for example, a surprise engagement ring) then the person who signs for the package confirms receipt and is accountable for the package.
REPLACEMENT/DAMAGED GOODS (SHIPPING)
We insure all products during transit and take great care to ensure they do not get damaged in transport. All shipments have tracking numbers, and delivery requires the signature of recipient or an adult legally residing in his household. Upon delivery, we are not liable for loss or destruction of the product. Should our product be damaged during transport, please notify us immediately upon receipt, but no later than three (3) business days after your receipt. Please note that replacement is subject to insurance, depending on the product.
WARRANTIES / LIMITATION OF LIABILITY
Vanessa Nicole Jewels USE REASONABLE EFFORTS TO VERIFY THE ACCURACY OF ANY INFORMATION WE PUT ON OUR SITES, IN ADVERTISEMENT OR SHARE ON THE TELEPHONE. HOWEVER, WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED IN RELATION TO THE ACCURACY, RELIABILITY AND COMPLETENESS OF THIS INFORMATION. THIS INFORMATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR ENDORSEMENT MADE, AND WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THIS INFORMATION, OR ANY TRANSACTION THAT MAY BE CONDUCTED ON OR THROUGH THIS SITE OR BY TELEPHONE INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, REASONABLE CARE AND SKILL, OR NON-INFRINGEMENT. IN NO EVENT WILL WE BE LIABLE FOR DAMAGES OTHER THAN ACTUAL DIRECT DAMAGES PROVEN IN A COURT OF LAW. WE MAKE EVERY EFFORT TO ENSURE THAT PHOTOGRAPHICAL OR OTHER REPRESENTATIONS OF THE PRODUCTS ON OUR SITE ARE TRUE TO THE COLOR, DESIGN, AND STYLE OF THE ORIGINAL PRODUCT. SLIGHT VARIATIONS MAY OCCUR. WE ARE NOT LIABLE FOR ANY ERROR OR INACCURACY OF OUR PRODUCTS DISPLAYED ON THE SITE.
At our request, you agree to defend, indemnify and hold harmless VNJ INC., its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the Conditions of Sale by you or any other liabilities arising out of your use of this Site, or the use by any other persons accessing this Site using your Internet account or account login. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder.
The Conditions of Sale (as amended from time to time) constitutes the entire agreement between you and VNJ INC. and supersede any other agreement or understanding, arrangements, undertaking or proposal, written or oral, between you and VNJ INC. in relation to such matters. In the event any other rules, code of conduct, or other matter posted on the Site conflicts with the terms of the Conditions of Sale, the Conditions of Sale shall govern. No oral explanation or oral information given by any party shall alter the interpretation of the Conditions of Sale.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
The Conditions of Sale shall be governed by and construed in accordance with the laws of the State of California, without reference to conflict of laws provisions. Any dispute, controversy or claim arising out of or in relation to the Conditions of Sale, including the validity, invalidity, breach or termination thereof, shall be adjudicated or arbitrated in the State of California and county of California.
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Vanessa Nicole Jewels
861 6th Ave Suite 715 San Diego, CA 92101