Last modified: March 15, 2018
These Terms of Service are entered into by and between you and Crypto Jewelry Inc. (“Company,” “we,” or “us”). The following terms and conditions, along with any documents expressly incorporated by reference (collectively “Terms of Service”), govern your access to and use of ecryptojewelry.com, and mobile version thereof (collectively “Website”).
We may revise, update, modify, or discontinue any part of these Terms of Service, in whole or in part, at any time, in the Company’s sole discretion, by posting revised terms on the Website. We will notify you of such changes by posting the modified version on the Website or through other communications and indicating the date it was last modified. It is important that you review the Terms of Service whenever we modify them because if you continue to use the Website after we have posted modified Terms of Service on the Website, you are indicating to us that you agree to be bound by the modified Terms of Service. If you don’t agree to be bound by the modified terms, then you may not use the Website anymore.
You may use the Website only if you are (a) 18 years or older, (b) capable of forming a binding contract with the Company and (c) are not barred from using the Website under applicable law. By using the Website, you represent and warrant that you are of capacity to form a binding contract with the Company and meet all of the foregoing eligibility requirements.
You may use the Website for legitimate shopping purposes only. You may not harm the Website in any way or otherwise use the Website in any improper manner, including, but not limited to, hacking into the Website’s systems, spoofing or facing e-mail headers or slowing or stopping the functionality of the Website.
You agree that you will not disclose your Account password to anyone and you must notify us immediately of any unauthorized access to or use of your user name or password or in the event that any other breach of security occurs. You are responsible for all activities that occur under your Account, whether or not you know about them.
You agree that we may deny your access to and use of the Website if we reasonably believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Service, or violated our rights or the rights of any third party, or for any other reason, with or without notice to you.
The Website may include links to other Internet sites maintained by third parties (“Linked Sites”). We provide Linked Sites to you solely as a convenience, and the inclusion of Linked Sites does not imply endorsement by us of the Linked Sites. You access Linked Sites at your own risk and by accessing them you leave the Website. Linked Sites are not under our control and we are not responsible for the contents of any Linked Site.
The Company makes all reasonable efforts to display the products listed for sale on the Website as accurately as possible, including 3D video. However the display and color capabilities of your computer monitor will affect the colors that you actually see on your screen. We cannot guarantee that your monitor’s display of any product color, texture or detail will be accurate.
We make a conscientious effort to describe and display our products accurately on the Website. Despite these efforts, a small number of products on the Website may be mispriced, described inaccurately, and we may experience delays in updating information on the Website and in our advertising through other media.
All prices displayed on the Website are quoted in U.S. dollars, unless otherwise indicated. Should any pricing errors occur on this Website, we reserve the right to change and update the information and to correct errors, inaccuracy or completeness of any information, including prices, product images, specifications, and services.
If you wish to purchase any products made available through the Website (each such purchase, a “Transaction”), you will be asked to supply certain information relevant to your Transaction including, without limitation, information relating to your payment method. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant us 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.
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. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
After placing an order, you will receive an e-mail from us acknowledging that we have received your order (“Order Confirmation”). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email confirming the shipment of your order (the “Shipping Confirmation”). A contract with us will only be formed when we send you the Shipping Confirmation. The contract will relate only to those products whose shipment we have confirmed in the Shipping Confirmation. We will not be obliged to supply any other products which may have been part of your order in a separate Order Confirmation. We reserve the right to cancel your order at any time before we have accepted it and we may rescind our acceptance and cancel your order where there has been an obvious error in price or where the product is no longer in our or our third party fulfillment provider’s inventory. YOU AGREE THAT CREDIT CARDS AND DEBIT CARDS ARE TO BE CHARGED ON THE DATE OF PLACING THE ORDER AND RECEIVING THE ORDER CONFIRMATION, AND NOT ON THE DATE OF SHIPPING.
We partnered with www.coinpayments.net, to enable Bitcoin as a form of payment on the Website. www.coinpayments.net is a crypto-currency wallet that allows consumers to buy, sell, send, and receive Bitcoins and other crypto-currencies.
Returned orders qualify for a refund in Bitcoin, subject to the Return Policy below. The refund will be issued for the full USD value of the order and processed at the Bitcoin exchange rate at the time the refund is completed. Your refund will be issued through www.coinpayments.net using the email address listed on your Account.
In states where we have no physical presence, we are not required to collect and remit sales tax for purchases. However, many states require that their residents file a sales or use tax return for products purchased on the Website. You should consult your state and local tax laws to determine compliance with tax laws and regulations in your area. We currently collect and remit sales tax in the State of California. For purchases where sales tax is applicable you will see the tax calculated on the checkout page before you are asked to confirm the purchase. We use reasonable commercial efforts to calculate and remit the correct amount of tax required on each taxable purchase, but we do not guarantee the accuracy of the amount of the tax we represent to you as the tax owed.
We offer express free shipping with insurance on every order. You will receive a shipping confirmation via e-mail with a tracking number once the product you purchased has shipped. The Company ships products within the United States and Internationally. No shipments can be made to P.O. Box addresses. Persons 18 years of age or older must be present to accept and sign for the delivery.
The risk of loss and title for products purchased by you pass to you upon the carrier’s delivery of the products to you.
Most orders ship within 2-4 weeks, unless otherwise stated on the product page on the Website. Your estimated delivery timeframe will be available to you during checkout and the delivery date will be set out in the Shipping Confirmation together with a tracking number.
We will only accept return of products that are defective or were sent in error, which returns shall be for credit or exchange. Any returned products must be returned within 30 days of the original date of receipt and accompanied by a sales receipt and original packaging.
Please note that:
The Website and all of its contents including, without limitation, all text, software, software source code, trademarks, logos, designs, images, photographs, audio visual materials, written materials, graphical “look and feel” user interface, web site information architecture, functional site features and layout, and any other form of material (“Website Content”) is owned by us or licensed to us by third parties. The copyright and all other intellectual property rights in all Website Content is owned by us or our licensors. Any rights or licenses of the Website Content not expressly granted by these Terms of Service are reserved. No software from the Website may be downloaded, exported or re-exported in violation of any law, including, without limitation, to countries that are subject to US export restrictions. Your use of the Website Content without written permission of the Website Content owner is strictly prohibited.
If you believe that your copyright or your rights under intellectual property laws are being violated by any content posted on or transmitted through the Website, or products advertised on the Website, please contact us promptly so that we may investigate the situation and, if appropriate, remove the offending content and/or advertisements. In order for us to investigate your claim of infringement, you must provide us with the following information:
The above information should be provided to our agent for notice of claims of copyright or other intellectual property infringement, who can be reached as follows:
CRYPTO JEWELRY INC
258 North RODEO DRIVE
BEVERLY HILLS, CA 90210
+1 424 333 1148
The Company warrants all products against defects in materials and workmanship under ordinary consumer use for a period of ONE (1) YEAR from the date of purchase. During this warranty period, if a defect arises in the product, and you follow the instructions for returning the product, the Company will, at its option, to the extent permitted by law, either (i) repair the product at Company’s expense; (ii) replace the product with a new product that is equivalent to the product that is to be replaced; or (iii) refund to you all or part of the purchase price of the product. The Company shall have no obligation to repair, replace, or refund until the defective product is returned to the Company. A replacement product assumes the remaining warranty of the original product or ninety (90) days from the date of replacement or repair, whichever period is longer. When a refund is given, the returned product becomes Company’s property. This limited warranty does not apply to damage caused by accident, abuse, misuse or misapplication.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THE WEBSITE, ALL CONTENTS AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN 'AS IS' BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE WEBSITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH WE ENDEAVOR TO PROVIDE ACCURATE INFORMATION, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THE WEBSITE. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. NEITHER THE COMPANY NOR ANY OF ITS AFFILIATED OR RELATED ENTITIES OR VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THE WEBSITE, OR ANY INFORMATION OR MATERIALS PROVIDED ON THE WEBSITE. WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY MATERIALS ON THE WEBSITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE COMPANY, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, VENDORS AND AFFILIATES FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF ANY OF THESE TERMS OF SERVICE.
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Any waiver by either you or the Company of any provision or condition of the Terms of Service shall not be construed or deemed to be a waiver of any other provision or condition of the Terms of Service, nor a waiver of a subsequent breach of the same provision or condition, unless such is expressed in writing and signed by the party to be bound.
The Website is controlled and operated by the Company from its offices at 725 Foothill Road, Beverly Hills, State of California, 90210, United States of America. Although the Website can be accessed from other locations, by accessing the Website, you agree that these Terms of Service shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflicts of law principles. You also consent to personal jurisdiction in the State of California, for any dispute arising hereunder.
If any portion of these Terms of Service is unlawful, void or unenforceable, the remaining provisions will remain in place.
Duties and Taxes
International duties and taxes will be calculated and paid for at checkout.
Pricing of products available for purchase by non-U.S. customers may vary by country and from our prices for our U.S. customers, owing to the inclusion of all or a portion of shipping, taxes, service fees, duties and imports factored into the price of the product. Out checkout will be in U.S. Dollars (USD) and in Bitcoin.
Disclaimers of Warranty and Limitations of Liability
To all international customers only, we warrant to you that, where you buy a product as a consumer, any product purchased from us through our Website is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied and will conform with description or sample.
Our liability for losses any international customer suffers as a result of us breaking these Terms of Service or anything else we do or do not do in connection with any order is strictly limited to the purchase price of the product you purchased and any losses which are a foreseeable consequence of us breaking the Terms of Service. Losses are foreseeable where they could reasonably be contemplated by the parties at the time your order is accepted by us.
We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable, including but not limited to: (a) loss of income or revenue; (b) loss of business; (c) loss of profits or contracts; (d) loss of anticipated savings; (e) loss of data; or (f) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise.
This does not in any way limit or exclude any liability of us (a) under section 2(3) of the Consumer Protection Act 1987; (b) for breach of any condition as to title or quiet enjoyment implied by section 12 Sale of Goods Act 1979 or section 2 Supply of Goods and Services Act 1982; (c) for death or personal injury caused by our negligence; or (d) for fraudulent misrepresentation.
Other than the warranties and other assurances we give you in these Terms, we specifically disclaim all warranties, conditions and other terms of any kind, whether expressed or implied, including but not limited to implied terms of satisfactory quality or fitness for purpose. No oral advice or written information given by us shall create a warranty (unless made fraudulently).
If you access the Website from anywhere other than the United States or Canada, you agree that English law will govern these Terms of Service and the purchase of products by you through the Website, and that any dispute of any sort that might arise between you and us or our affiliates and subsidiaries shall be subject to the exclusive jurisdiction of the courts of England and Wales.
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