JUDABUD JEWELRY TERMS OF USE

Updated: 11/24/2021

These Terms of Use (“Terms”) are a binding agreement between you (“you” or “user”) and Judabud Jewelry (“Company”, “we”, “our”, or “us”). These Terms govern your access and use of the website at www.judabudjewelry.com (“Site”), and any features, applications, services and mobile applications offered by the Company through the Site, and their respective contents, whether accessed via computer, mobile device or other technology (collectively, the “Services”). By using the Services, you agree to be bound by the terms and conditions contained in these Terms.  If you are acting on behalf of your employer or another entity, you represent and warrant that you are authorized to bind such employer or entity to these Terms. 

If you do not agree with these Terms, do not use the Site, Services, or any content contained therein. 

1. Your Use of the Site

You may freely browse the Site and not use the Services, but you may only access, download or use information from the Site, including any text, images, audio, and video (the “Content”), for the sole purpose of evaluating our products and services.  You need not register with the Company to simply visit and view the Site.    

You may not distribute, modify, transmit, reuse, repost, or use the Content for commercial purposes without written permission of the Company or engage in any data mining or scraping on the Site or Services, or attempt in any way to interfere with or disrupt the Site or Services. You must retain all copyright and other proprietary notices contained in the original Content on any permitted copy you make of the Content. You should assume that everything you see or read on the Site is copyrighted unless otherwise noted and may not be used except as provided in these Terms or in the text on the Site without the written permission of the Company. 

The Company neither warrants nor represents that your use of Content will not infringe rights of third parties not owned by or affiliated with the Company. With the exception of the foregoing limited authorization, no license to or right in the Content, or any copyright of the Company or of any other party, is granted or conferred to you.

2. Order Acceptance and Cancellation

You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. Company's acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered. 

3. Payment Terms

  1. All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total, and will be itemized your order confirmation email.

  2. Company makes a conscientious effort to describe and display its products and services accurately on the website. Despite these efforts, a small number of items on the website may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the website and in our advertising through other media. As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. Company reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. We apologize for any inconvenience.

  3. We may offer from time to time promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

  4. Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept major credit cards, Apple Pay, and checks for all purchases. Checks must be successfully deposited before your order will be processed. YOU REPRESENT AND WARRANT THAT (i) THE CREDIT CARD INFORMATION YOU SUPPLY TO US IS TRUE, CORRECT AND COMPLETE, (ii) YOU ARE DULY AUTHORIZED TO USE SUCH CREDIT CARD FOR THE PURCHASE, (iii) CHARGES INCURRED BY YOU WILL BE HONORED BY YOUR CREDIT CARD COMPANY, AND (iv) YOU WILL PAY CHARGES INCURRED BY YOU AT THE POSTED PRICES, INCLUDING SHIPPING AND HANDLING CHARGES AND ALL APPLICABLE TAXES, IF ANY, REGARDLESS OF THE AMOUNT QUOTED ON THE SITE AT THE TIME OF YOUR ORDER.

  5. Shipping and Delivery. We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.

  6. Refund Policy. ALL SALES ARE FINAL. However, we are more than happy to exchange an item if there is something wrong with the order or if the product has a defect, provided such return is made within seven (7) days of delivery with valid proof of purchase and provided such products are returned in their original condition. We reserve the right to refuse any exchange if we believe the items purchased are intentionally damaged or have been misused. All special or personalized orders (including but not limited to all rings, anything in custom size options, all items with initials, and all non-Judabud Jewelry) items are final sale and will not be refunded once an order has been placed. All lead times are indicated in the product descriptions. As long as an item is delivered within this given lead time, we will not refund payment or cancel an order. If you have questions about personalizing a piece or about the availability of an item, please contact judy@judabudjewelry.com before placing your order. We are not responsible for return shipping charges and the original shipping charges are non-refundable. Please note that if you have ordered multiple items, we batch them together as one shipment, unless otherwise discussed via email.

    4. Online Purchases

If you wish to purchase any goods or services made available through the website (each such purchase, a "transaction"), you may be asked to supply certain information relevant to your transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. By submitting such information, you grant to company the right to provide such information to third parties for purposes of facilitating the completion of any transaction initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction.

All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the website are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the website does not guarantee that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this website. By placing an order, you represent that the products ordered will be used only in a lawful manner. Company reserves the right, with or without prior notice, to: (i) limit the available quantity of or discontinue any goods or services; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all transaction(s); and/or (iv) refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the website, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your transactions.

Company or our agents may call or text you regarding your account or your transactions, as set forth in our Privacy Policy and applicable additional Terms. You agree that we may place such calls or texts using an automatic dialing/announcing device, and that we may make such calls or texts to a mobile telephone or other similar device. You agree that we may, for training purposes or to evaluate the quality of our service, listen to and record phone conversations you have with us.

5. Privacy

Any personal information you may provide in connection with the Site or Services will be subject to our Privacy Policy.

6. Copyrights, Trademarks and Other Proprietary Rights

The Content is owned by the Company and its licensors and is protected by copyright.  Unauthorized use is strictly prohibited. 

The trademarks, service marks, and logos of the Company (the “Company Trademarks”) used and displayed on the Site are registered and unregistered trademarks or service marks of the Company. Other company, product, and service names located on the Site may be trademarks or service marks owned by third-parties (the “Third-Party Trademarks”, and, collectively with the Company Trademarks, the “Trademarks”). Nothing on the Site or in these Terms 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 consent of the Company specific for each such use. The Trademarks may not be used to disparage the Company or the applicable third-party, the Company’s products or services or third-party’s products or services, or in any manner that may damage any goodwill in the Company Trademarks. Use of any Trademarks as part of a link to or from any website is prohibited without the Company’s prior written consent. All goodwill generated from the use of any the Company Trademark shall inure to the Company’s benefit.

7. Disclaimer of Warranties and Limitation of Liability

THE SERVICES AND THE CONTENT ARE PROVIDED TO YOU “AS IS,” “WITH ALL FAULTS” AND ON AN “AS AVAILABLE” BASIS AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE, AND ANY WARRANTIES THAT THE SERVICE IS CURRENT AND/OR UP-TO-DATE ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY THE COMPANY (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNEES) AND ITS LICENSORS.

THERE IS NO WARRANTY, REPRESENTATION, OR GUARANTEE THAT THE SERVICE, OR YOUR USE OF THE SERVICE, WILL BE UNINTERRUPTED, COMPLETE, ACCURATE, CURRENT, RELIABLE, ERROR-FREE, SECURE, OR THAT ANY PROBLEMS WILL BE CORRECTED, OR THAT THE SERVICE, OR ANY INFORMATION, SOFTWARE, OR OTHER MATERIAL ACCESSIBLE FROM THE SERVICE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATION REGARDING THE USE OF, OR THE RESULTS OF THE USE OF, THE SERVICE AND YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE, AND YOUR RELIANCE THEREON.

NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, NEITHER THE COMPANY NOR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS, OR ASSIGNS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER INDIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS, LOST SAVINGS, OR LOSS OF DATA) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE SERVICE, AND/OR ANY LINKED WEBSITE, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES. THE COMPANY’S MAXIMUM AGGREGATE LIABILITY TO YOU SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100). NEITHER THE COMPANY NOR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS, OR ASSIGNS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES WILL HAVE ANY LIABILITY TO YOU FOR ANY DAMAGES, EXPENSES, OR OTHER LIABILITY INCURRED BY YOU AS A RESULT OF ANY INACCURACY, INCOMPLETENESS, OR MISREPRESENTATION OF ANY INFORMATION, CONTENT, POSTINGS, OR SUBMISSIONS PROVIDED OR POSTED ON THE SERVICE BY THIRD PARTIES.

8. Product Descriptions

Any images or description of any product on the Site are for illustrative purposes only and are not any guarantee or warranty of actual products that the Company may manufacture for sale. Actual products may vary from the descriptions or images shown on the Site. We have attempted to accurately depict the colors and details of the products offered on this website. However, because the color and product details you see is dependent on your computer monitor, we cannot guarantee that the color and details that you see will be accurate. The products also may appear larger or smaller than their actual size depending on your monitor. Some photographs have been enlarged to show detail.

In addition, the appearance of any product on the Site is not an offer or commitment to manufacture or sell any such product, that such product is available for purchase or manufacture or a commitment to any sale, purchase or price.   

9. Indemnification

You agree to defend, indemnify and hold harmless the Company and its affiliates and their respective officers, directors, employees, agents and licensees from any and all liability including costs, expenses, the costs of enforcing any right to indemnification hereunder and any insurance provider and attorneys' fees brought against the Company by any third party arising out of or are related to your violation of these Terms, or your and use of the Services. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder. No settlement that affects the rights or obligations of the Company may be made without the Company’s prior written approval.

10. Links to Third Party Websites

You may find advertising or other content on the Site that link to the sites of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from the Site. In addition, these sites, including their content and links, may be constantly changing. These sites may have their own terms and conditions. Browsing and interaction on any other website, including websites which have a link to the Site, is subject to that website's own terms and policies.

11. Changes to the Company’s Terms of Use

The Company has the discretion to update these Terms at any time. We will endeavor to notify users with accounts of material changes to the Terms by email to the email address in their email account.   We also encourage users to frequently check this page for any changes. You acknowledge and agree that it is your responsibility to review these Terms periodically and become aware of modifications. Any use of the Site or Services after posting of the modifications constitutes your acceptance of the modifications. 

12. General

These Terms and any other the Company policies referenced herein constitute the entire agreement of the parties with respect to its subject matter.   Any dispute regarding the Terms shall be subject to the law of the State of California, without regards to its choice of law principles.

13. Contacting the Company

If you have any questions about these Terms of Use, please contact us at judy@judabudjewelry.com.