Interpretation
The words of
which the initial letter is capitalized have meanings defined under the
following conditions. The following definitions shall have the same meaning
regardless of whether they appear in singular or in plural.
Definitions
For the
purposes of these Terms and Conditions:
These are the
Terms and Conditions governing the use of this Service and the agreement that
operates between You and the Company. These Terms and Conditions set out the
rights and obligations of all users regarding the use of the Service.
Your access to
and use of the Service is conditioned on Your acceptance of and compliance with
these Terms and Conditions. These Terms and Conditions apply to all visitors,
users and others who access or use the Service.
By accessing or
using the Service You agree to be bound by these Terms and Conditions. If You
disagree with any part of these Terms and Conditions then You may not access
the Service.
You represent
that you are over the age of 18. The Company does not permit those under 18 to
use the Service.
Your access to
and use of the Service is also conditioned on Your acceptance of and compliance
with the Privacy Policy of the Company. Our Privacy Policy describes Our
policies and procedures on the collection, use and disclosure of Your personal
information when You use the Application or the Website and tells You about
Your privacy rights and how the law protects You. Please read Our Privacy
Policy carefully before using Our Service.
If you create
an account on the Website, you are responsible for maintaining the security of
your account, and you are fully responsible for all activities that occur under
the account and any other actions taken in connection with the account. You
agree to provide and maintain accurate, current and complete information,
including your contact information for notices and other communications from
us. You may not use false or misleading information in connection to your
account, or trade on the name or reputation of others.
You are
responsible for taking reasonable steps to maintain the confidentiality of your
username and password. You must immediately notify ProSilver Jewelry of any
unauthorized uses of your information, your account or any other security
breaches. ProSilver Jewelry will not be liable for any acts or omissions by
you, including any damages of any kind incurred as a result of such acts or
omissions.
Unless otherwise
approved by the Company the minimum order amount is USD750.00 (seven hundred
and fifty US dollars), or equivalent value in other currency if applicable
(Minimum Order Value), the minimum order quantity (MOQ) per SKU is 30 pieces
(pairs in the case of earrings). The Company may at its sole discretion accept
orders below the Minimum Order Value.
You understand
that all the Goods advertised and sold using the Service are not in stock and
will begin to be manufactured only after You place an order on the Service and
We receive your 30 percent deposit of the total invoice amount. You also
acknowledge that Your production order will take anywhere from 6 to 8 weeks (lead
time) to be ready for shipment and that it’s possible that due to unusual or
unforeseeable factors it could take longer. In any case, ProSilver Jewelry will
make every reasonable effort to have your order ready within the promised lead
time.
In case no
previous arrangement has been negotiated with Us, your Goods will be shipped
only after Your complete payment of the invoice, including shipping fees.
Our Service may
contain links to third-party web sites or services that are not owned or
controlled by the Company.
The Company has
no control over, and assumes no responsibility for, the content, privacy
policies, or practices of any third party web sites or services. You further
acknowledge and agree that the Company shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be caused
by or in connection with the use of or reliance on any such content, Goods or
services available on or through any such web sites or services.
We strongly
advise You to read the terms and conditions and privacy policies of any
third-party web sites or services that You visit.
We may
terminate or suspend Your access immediately, without prior notice or
liability, for any reason whatsoever, including without limitation if You
breach these Terms and Conditions.
Upon
termination, Your right to use the Service will cease immediately.
Notwithstanding
any damages that You might incur, the entire liability of the Company and any
of its suppliers under any provision of this Terms and Your exclusive remedy
for all of the foregoing shall be limited to 50 percent the amount actually paid
by You through the Service or 10 USD if You haven't purchased anything through
the Service.
To the maximum
extent permitted by applicable law, in no event shall the Company, its
suppliers, employees or affiliates be liable for any special, incidental, indirect,
or consequential damages whatsoever (including, but not limited to, damages for
loss of profits, loss of data or other information, for business interruption,
for personal injury, loss of privacy arising out of or in any way related to
the Goods purchased using the Service or to the use of or inability to use the
Service, third-party software and/or third-party hardware used with the
Service, or otherwise in connection with any provision of this Terms), even if
the Company or any supplier has been advised of the possibility of such damages
and even if the remedy fails of its essential purpose.
Some states do
not allow the exclusion of implied warranties or limitation of liability for
incidental or consequential damages, which means that some of the above
limitations may not apply. In these states, each party's liability will be
limited to the greatest extent permitted by law.
The Services
contain copyrighted material, trademarks and other proprietary information of ProSilver
Jewelry that has been created, developed and maintained at great expense of
time and money, such that misappropriation or unauthorized use by others for
commercial gain would unfairly or irreparably harm ProSilver Jewelry. Without
limiting the scope of Our intellectual property rights, you acknowledge that ProSilver
Jewelry own intellectual property rights in: (i) the Services; (ii) the Content
contained within the Services (including but not limited to the selection,
coordination, and arrangement of the Services); and (iii) the trademarks,
excluding Customer Data, used in connection with the Services. Content
available through the Services are exclusively for your personal and internal
professional use only and may not be modified, reverse engineered, redistributed,
sold, publicly displayed, licensed, rented, or otherwise provided to a third
party or commercially exploited except as expressly provided in this Agreement.
We do not grant you any license, express or implied, to the intellectual
property of ProSilver Jewelry except for the limited license to use the Service
as expressly set forth in this Agreement. Nothing in this Agreement gives you
the right to use any of ProSilver Jewelry’s trade names, trademarks, service
marks, logos, domain names, and other distinctive brand features. You agree
that you shall not remove, obscure, or alter any proprietary rights notices
(including copyright and trademark notices) which may be affixed to or
contained within the Services, and shall reproduce such notices on all
authorized copies of the Content you obtain from the Services. You agree that
you will not commit or permit any act or omission by your agents, employees, or
any third party that would impair the intellectual property rights of ProSilver
Jewelry in the Services or Content.
The Service is
provided to You "AS IS" and "AS AVAILABLE" and with all
faults and defects without warranty of any kind. To the maximum extent
permitted under applicable law, the Company, on its own behalf and on behalf of
its Affiliates and its and their respective licensors and service providers,
expressly disclaims all warranties, whether express, implied, statutory or
otherwise, with respect to the Service, including all implied warranties of merchantability,
fitness for a particular purpose, title and non-infringement, and warranties
that may arise out of course of dealing, course of performance, usage or trade
practice. Without limitation to the foregoing, the Company provides no warranty
or undertaking, and makes no representation of any kind that the Service will
meet Your requirements, achieve any intended results, be compatible or work
with any other software, applications, systems or services, operate without
interruption, meet any performance or reliability standards or be error free or
that any errors or defects can or will be corrected.
Without
limiting the foregoing, neither the Company nor any of the company's provider
makes any representation or warranty of any kind, express or implied: (i) as to
the operation or availability of the Service, or the information, content, and
materials or products included thereon; (ii) that the Service will be
uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency
of any information or content provided through the Service; or (iv) that the
Service, its servers, the content, or e-mails sent from or on behalf of the
Company are free of viruses, scripts, trojan horses, worms, malware, timebombs
or other harmful components.
Some jurisdictions
do not allow the exclusion of certain types of warranties or limitations on
applicable statutory rights of a consumer, so some or all of the above
exclusions and limitations may not apply to You. But in such a case the
exclusions and limitations set forth in this section shall be applied to the
greatest extent enforceable under applicable law.
You have no
obligation to provide Us with ideas, suggestions, proposals, testimonials or
reviews (“Feedback”). However, if You submit Feedback to Us on the Service or
any Third-party Social Media Service, then You grant Us a non-exclusive,
worldwide, royalty-free license that is sub-licensable and transferable, to
make, use, sell, have made, offer to sell, import, reproduce, publicly display,
distribute, modify, or publicly perform the Feedback in any manner without any
obligation, royalty or restriction based on intellectual property rights or
otherwise.
The laws of the
Country, excluding its conflicts of law rules, shall govern this Terms and Your
use of the Service. Your use of the Application may also be subject to other
local, state, national, or international laws.
If You have any
concern or dispute about the Service, You agree to first try to resolve the
dispute informally by contacting the Company.
If You are a
European Union consumer, you will benefit from any mandatory provisions of the
law of the country in which you are resident in.
You represent
and warrant that (i) You are not located in a country that is subject to the
United States government embargo, or that has been designated by the United
States government as a "terrorist supporting" country, and (ii) You
are not listed on any United States government list of prohibited or restricted
parties.
Severability
If any
provision of these Terms is held to be unenforceable or invalid, such provision
will be changed and interpreted to accomplish the objectives of such provision
to the greatest extent possible under applicable law and the remaining
provisions will continue in full force and effect.
Waiver
Except as
provided herein, the failure to exercise a right or to require performance of
an obligation under this Terms shall not effect a party's ability to exercise
such right or require such performance at any time thereafter nor shall be the
waiver of a breach constitute a waiver of any subsequent breach.
These Terms and
Conditions may have been translated if We have made them available to You on
our Service. You agree that the original English text shall prevail in the case
of a dispute.
We reserve the
right, at Our sole discretion, to modify or replace these Terms at any time. If
a revision is material We will make reasonable efforts to provide at least 30
days' notice prior to any new terms taking effect. What constitutes a material
change will be determined at Our sole discretion.
By continuing
to access or use Our Service after those revisions become effective, You agree
to be bound by the revised terms. If You do not agree to the new terms, in
whole or in part, please stop using the website and the Service.
If you have any
questions about these Terms and Conditions, You can contact us: