Terms & condition

Welcome to the Josefina Jewels, LLC website, operated by the Josefina Jewels, LLC and located at http://www.josefina-jewels.com/. The following Terms and Conditions (“Terms”) govern your use of this Site. These Terms and Conditions govern your use of any websites, electronic and text messages, and social media pages operated, directed by or otherwise maintained by Josefina Jewels, its parent companies, subsidiaries, and affiliates (collectively “Josefina Jewels” or “we”) that display or link to these Terms (the “Sites”) and any Josefina Jewels purchases made by you through the website.

By accessing, viewing, or using the content, material, or services available on or through this Site, you indicate that you have read and understood these Terms and that you agree to them, and intend to be legally bound by them. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Our website is hosted on Shopify Inc. They provide us with an online e-commerce platform that allows us to sell our products and services to you.

For any doubts or questions about these Terms and Conditions, please send us an email at info@josefinajewels.com.

 

1. Registration. In order to access certain content, services, products, or benefits on the Site, you will be asked to register and create an account. By registering an account on the Site, you represent that you are 18 years of age or older, or that you have the permission of a legal guardian (e.g., a parent) to use the Site. As part of the registration process, you will be asked to select a username and password. You will also be required to provide Josefina Jewels, LLC with certain information about yourself including some types of personally-identifying information such as your email and your address. You are fully responsible for your account, including the use of the account by any third party, and maintaining the confidentiality of your password. You may terminate your account at any time by emailing info@josefinajewels.com.
2. General Conditions: We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.  The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
3. Proprietary Rights. Unless Josefina Jewels, LLC explicitly states otherwise in an agreement between you and Josefina Jewels, LLC, Josefina Jewels, LLC owns or licenses all data, content, graphics, forms, artwork, images, photographs, functional components, and any software concepts and documentation and other material on, in or made available through the Site (“Site Materials”), as well as the selection, coordination, arrangement, and organization and enhancement of the Site Materials. All Site Materials are protected pursuant to copyright, trademark, patent, and other applicable laws. As between any user and Josefina Jewels, LLC, all names, trademarks, service marks, certification marks, symbols, slogans, or logos appearing on the Site are proprietary to Josefina Jewels, LLC or its affiliates, licensors (including “Trainers”), or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Under no circumstances will you have any rights of any kind in or to the Site Materials, other than the right to use the Site Materials in accordance with these Terms.
4. Accuracy of billing and account information. Josefina Jewels, LLC reserves the right to refuse any order you place with them. Josefina Jewels, LLC may, in their sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that Josefina Jewels, LLC makes a change to or cancels an order, Josefina Jewels, LLC may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. Josefina Jewels, LLC reserves the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. You agree to provide current, complete, and accurate purchase and account information for all purchases made at the Josefina Jewels, LLC store. You agree to promptly update your account and other information, including your email address and credit card numbers, and expiration dates, so that Josefina Jewels, LLC can complete your transactions and contact you as needed.
5. Third-Party Links: Certain content, products, and services available via our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with Josefina Jewels, LLC. Josefina Jewels, LLC is not responsible for examining or evaluating the content or accuracy, and Josefina Jewels, LLC does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. Josefina Jewels, LLC is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
6. Privacy Statement. Any personal information that you provide to Josefina Jewels, LLC on the Site is subject to our Privacy Statement, which is hereby incorporated into these Terms by reference as if set forth fully herein. Please be advised that the confidentiality of any communication or material transmitted to Josefina Jewels, LLC via the Site or Internet electronic mail cannot be guaranteed, including, for example, personal information such as your address or name. Josefina Jewels, LLC can be contacted by email at info@josefinajewels.com. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.
7. Disclaimer. The information on this Site is for informational purposes only. Without limiting anything else in these Terms or otherwise, Josefina Jewels, LLC is not responsible for any errors or omissions in the Site or Site Materials. Josefina Jewels, LLC, its subsidiaries, and affiliates, are not responsible for and do not guarantee the accuracy or completeness of any Site Materials, User Content, products, data, services, links, advertisements, or other items contained within the Site. Josefina Jewels, LLC reserves the right to immediately remove any Site Materials or User Content for any reason or for no reason. Josefina Jewels, LLC cannot and does not review all communications or products made available on or through the Site, but, although not obligated to, may review, verify, make changes to or remove any User Content, Site Materials, the Site, or the products or services made available in connection with the Site, including information submitted in connection with the Site Materials or other features at any time, with or without notice in its sole discretion. You agree that you must evaluate and bear all risks associated with the use of Site Materials or User Content and that you may not rely on such Site Materials or User Content. This site, the materials, user content, services, products, information, and other materials on, in, and made available through the site are made available "as is" and "with all faults". Use of the site is entirely at your own risk. Josefina Jewels, LLC, and its licensors make no representations or warranties, and disclaim all representations and warranties, with respect to the site, the user content, the site materials, services, products, data, and other materials on, in, and made available through the site, express or implied, written or oral, arising from a course of dealing, course of performance, usage of trade, or otherwise, including the implied warranties of merchantability, the fitness of a particular purpose, accuracy, systems integration, non-interference, quality, title, and non-infringement. The entire risk as to the satisfactory quality, performance, accuracy, completeness, and effort with regard to any and all user content, the site, the site materials, services, products, data, and other materials on, in, and made available through the site, is with you.
8. Internet Security. Josefina Jewels, LLC uses reasonable efforts to ensure that the Site is generally available. However, there will be occasions when access to the Site will be interrupted or unavailable. Josefina Jewels, LLC will use reasonable efforts to minimize such disruption where it is within its reasonable control. You agree that Josefina Jewels, LLC shall not be liable to you for any modification, suspension, or discontinuance of the Site. You understand that the technical processing and transmission of any Site content may be transferred unencrypted and involve (a) transmissions over various networks, and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that we do not guarantee that any information sent from our Site will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to Josefina Jewels, LLC via the Site or the Internet, including, for example, personal information such as your name or address.
9. Limitation of Liability. Josefina Jewels, LLC and its licensors shall not be liable for any direct, indirect, special, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatsoever, including lost revenues or lost profits, which may or does result from the use of, access to, or inability to use the site, the user content, the site materials, services, products, data, and other materials on, in, and made available through the site, regardless of legal theory, whether or not you or Josefina Jewels, LLC had been advised of the possibility or probability of such damages, and even if the remedies otherwise available fail of their essential purpose. Under no circumstances will the total liability of Josefina Jewels, LLC and its licensors to you or any other person or entity in connection with, based upon, or arising from the site, user content, the site materials on, in, and made available through the site, or the services, products, data, or materials offered in connection therewith exceed the price paid by you during the preceding year for use of the site and the services and products. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then the total liability of Josefina Jewels, LLC and its licensors shall not exceed ten dollars ($10). If you are dissatisfied with the Site or with any of these Terms or feel Josefina Jewels, LLC has breached these Terms, your sole and exclusive remedy is to discontinue using the Site.
10. Indemnification: You agree to indemnify, defend and hold harmless Josefina Jewels, LLC and any parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.
11. Modifications to the service and prices. Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service. Certain products are subject to exclusion from sales and/or promotional discounts.
12. Miscellaneous. The Site is controlled and operated from within the United States. Without limiting anything else, Josefina Jewels, LLC makes no representation that the Site, Site Materials, User Content, services, products, information, or other materials available on, in, or through the Site is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access the Site from other locations do so of their own volition and are responsible for compliance with applicable laws. The waiver or failure of Josefina Jewels, LLC to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms. Headings used in these Terms are for reference only and shall not affect the interpretation of these Terms. No person or entity not party to this agreement will be deemed to be a third-party beneficiary of these Terms or any provision hereof. When used herein, the words “include” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.”
13. Severability. In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
14. Termination. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or by Josefina Jewels, LLC. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using the Josefina Jewels, LLC site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, Josefina Jewels, LLC also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to Josefina Jewels, LLC Services (or any part thereof).
15. Entire Agreement. The failure of Josefina Jewels, LLC to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by Josefina Jewels, LLC on this site or in respect to The Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and Josefina Jewels, LLC (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.