Terms of Service
1. Agreement. Welcome to the ANNALAYA Jewelry Design website. Please review the following terms and conditions concerning your use of this Site. By accessing or using this Site, or downloading materials or transmitting information to and/or from this Site, you agree to be bound by this Terms of Service Agreement and the disclaimers and caveats contained on this Site. In this Agreement the terms “You” and “User” refers to you; the term “We” or “ANNALAYA” refers to ANNALAYA Jewelry Design, and the term “Site” refers this web site. The Site is intended to convey general information about ANNALAYA and its products. Use of this Site is not, and does not grant, a license or right to use ANNALAYA’s designs, site content, products or its proprietary information, all of which are the property of ANNALAYA.
2. Information on Site. ANNALAYA does not guaranty that the Site will be error-free. Browsing the Site or use of any information from this Site is at your sole risk.
3. Pricing Policy. Prices shown on the Site are in US Dollars and do not include tax. Sales tax and any other similar tax or duty will be charged as required by law. All prices and offers are as listed on the Site. The price at the time of Your order is the price you will pay unless it is clearly an error. However, ANNALAYA reserves the right to change its prices at any time. If you are a customer whose credit/debit card is not denominated in US Dollars, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
4. Our purchase, shipping and return policy information is located at annalaya.com/policies-care. To make a purchase from ANNALAYA you must be able to lawfully enter into a contract in the State of New York. To make a purchase from the Site, You will need to provide your real name, phone number, mailing address and e-mail address and other requested information as indicated. By providing the requested information, you are representing (i) that you are the owner or a valid user of the credit/debit card account being used; (ii) that you are responsible for all charges on the Site under that card; (iii) and that ANNALAYA is authorized to process a charge or charges on such credit/debit card in the amount of the total purchase price for the merchandise which they purchase.
By making an offer to purchase merchandise, you expressly authorized us to perform credit card checks and, where we feel necessary, to transmit or to obtain your credit card information or credit report information (including any updated information) to or from third parties solely to authenticate your identity, to validate your credit/debit card, to obtain an initial credit card authorization and/or to authorize individual purchase transactions. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your credit/debit card refuses to authorize payment to ANNALAYA, we will not be liable for any delay or non-delivery.
We reserve the right not to accept your order for any reason including, for example, that we are unable to obtain authorization for payment, that inventory is out of stock or that we cannot obtain the components for the product you ordered.
5. WARRANTIES AND DISCLAIMERS. THE SERVICE, CONTENT AND INFORMATION AVAILABLE FROM OR THROUGH THIS SITE ARE PROVIDED AS-IS, AS AVAILABLE. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE HEREBY SPECIFICALLY DISCLAIMED INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE SITE AND/OR THE INFORMATION HEREIN MAY CONTAIN BUGS, ERRORS OR OTHER PROBLEMS OR LIMITATIONS. ANNALAYA ASSUMES NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE OR HOW USE OF THIS SITE MAY AFFECT YOUR PROGRAMS, SOFTWARE, HARDWARE, COMPUTER OR BUSINESS. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN OR ACCESSED THROUGH THE ELECTRONIC FILES OR AT THIS SITE, OR DAMAGES CAUSED BY ANY PERSON GAINING UNAUTHORIZED ACCESS TO THE SITE OR THE SITE CONTENT IS HEREBY SPECIFICALLY DISCLAIMED.
6. LIMITATIONS OF LIABILITY. ANNALAYA AND ITS OWNERS, DIRECTORS, OFFICERS, AGENTS, EMPLOYEES AND THIRD PARTY CONTENT OR SERVICE PROVIDERS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY DAMAGES, PHYSICAL INJURY, DEATH, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION OR THE LIKE, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ANNALAYA AND USER. THE INFORMATION AND THE GOODS AND SERVICES PROVIDED FROM THIS SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. USER’S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER SHALL BE LIMITED TO THE AMOUNT PAID BY USER FOR THE PRODUCT OBTAINED THROUGH THIS WEBSITE.
7. Indemnification. User hereby indemnifies, defends and holds harmless ANNALAYA and its owners, directors, officers, agents, employees, licensors, affiliates, content and service providers, participating suppliers and companies from and against any liability, loss, damage, claim or expense, including attorneys’ fees and expenses, related to, caused by, or resulting from, User’s access or use of this Site (whether authorized or unauthorized), User’s use of information gained from this Site, User’s purchase of or use of any product purchased through the Site, or User’s violation of this Agreement.
8. Intellectual Property Rights. The jewelry designs, photographs, content, organization, gathering, graphics, design, look and feel, software, compilation, magnetic translation, digital conversion and other matters related to ANNALAYA’s business on the Site are protected under applicable copyright, trademark and other intellectual property laws and the copying, redistribution, use or publication by any User of any such content, graphics, design, photographs or any part of this Site is prohibited. User does not acquire any ownership rights, or incidents thereof, to any design, photographs, content or document used through this Site. ANNALAYA is a trademark of ANNALAYA Jewelry Design. The trademarks may not be modified, and they may not be used, downloaded, copied or distributed in any way. No use, copying or transmission of the trademarks or copyrighted material may be made without the express prior written consent of ANNALAYA.
9. Links; Information Posted. This Site may contain links to other Internet Sites. ANNALAYA has no control over such Sites. Such links are not endorsements of any products or services in such Sites and no information in such Sites has been endorsed or approved by ANNALAYA. ANNALAYA does not in any way guaranty the information contained in these Sites. ANNALAYA disclaims any warranty as to the accuracy of such Site or information contained therein. Clicking on such links and accessing other sites and/or information contained therein is at your own risk.
10. User Submission. We appreciate hearing from our customers and welcome Your comments regarding our products and services. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested. While we do value Your feedback on our services, please be specific in Your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, You send us creative suggestions, ideas, drawings, photographs, concepts, inventions, or other information (collectively the "Submission"), the Submission shall be the property of the ANNALAYA. None of the Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. ANNALAYA shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to You or any other person who submitted the Submission.
11. Jurisdiction. This Agreement shall be treated as though it were executed and performed in New York and shall be governed and construed in accordance with the laws of the State of New York (without regard to conflict of law principles) and the laws of the United States of America. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. All legal proceedings arising out of or in connection with this Agreement and this Site shall be brought solely in New York and User expressly submits to the jurisdiction of said courts and the federal courts sitting in New York and User consents to extra-territorial service of process. Any cause of action by User must be instituted within six months after the transaction giving rise to the action or be forever waived and barred.
12. User Representations. User represents and warrants that (i) User will comply with all laws statutes, regulations and ordinances in connection with the use of the Site and purchased made therefrom, (ii) User will not do anything to interfere with the integrity of this Site or to cause any overload thereto, (iii) User is responsible for any content that it posts or transmits on or through the Site and for all activity conducted through its account; (iv) User will not use the Site to distribute, link to, or solicit content that: violates any law, is harmful to others, constitutes unsolicited advertising or contains viruses or programs intended to disrupt or damage this Site or ANNALAYA’s business.
13. Breach of Agreement; Termination of Account. ANNALAYA may issue a warning, suspend or terminate User’s ability to access and/or use this Site if User breaches this Agreement or otherwise misuses this Site, or ANNALAYA otherwise determines, it its discretion, that User should no longer have access to this Site. ANNALAYA may terminate User’s account if User engages in any fraudulent activity in connection with this Site or if User otherwise misleads other users of this Site. Further ANNALAYA may change the Site, suspend the Site or shut down the Site as it determines in its sole discretion without liability of any kind to you.
14. Modification. ANNALAYA may modify this Agreement by posting changes on this Site. Such changes shall be binding on User by its use of this Site.
15. Notices; Waiver. All notices concerning this Site and the use thereof shall be given by a notice posted at the Site. Notice shall be deemed given 24 hours after being posted at this Site. ANNALAYA may terminate your access to the Site at any time. Failure of ANNALAYA to act in any one instance of a default or breach does not waive its right to act with respect to a subsequent breach or waiver.
16. Service Interruption. ANNALAYA does not guarantee continuous access to the Site, the service or data contained therein. Operation of the Site or the data contained herein may be interrupted or otherwise interfered with for reasons beyond the control of ANNALAYA. ANNALAYA shall have no liability or responsibility for any interruption of service or lack of access to data or loss of data.
17. Disclosure of Information. ANNALAYA reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in ANNALAYA's sole discretion.