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Before you read this very extensive document, please know that we’re a crew of genuine, dedicated and hardworking people. :) We wrote this document to ensure that our work is protected and that you remain happy with any exchange that you have with us. We’ve spent many years creating this brand and we’re thrilled to share our work with you. We appreciate your visit to our site and thank you in advance for reading!
Without further ado…
PLEASE READ THESE TERMS AND CONDITIONS OF USE (WHICH IN ALL INSTANCES AND FOR ALL PURPOSES INCLUDE OUR PRIVACY POLICY AND TERMS OF SALE), BECAUSE THEY CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU ANDColleen Mauer Designs.
Thank you for visiting colleenmauerdesigns.com (the “website colleenmauerdesigns.com”) which is owned and operated by Colleen Mauer Designs, which is a sole proprietorship (“Colleen Mauer”, “we”, “us”, or “our”), the makers of Colleen Mauer Designs Jewelry.
Please read these Terms and Conditions of Use (“Terms of Use”) carefully because by using our website colleenmauerdesigns.com does not in any way (including without limitation, using or downloading any content (as defined herein) available from or through our website colleenmauerdesigns.com (or attempting to do any of these) it means that you agree to be bound by and comply with these Terms of Use, which includes and incorporates our Privacy Policy and Terms of Sale, and when we refer to our Terms of Use below, we mean it shall include our Privacy Policy and Terms of Sale as well.
Content and Copyright, Trademark, and Related Issues
The website colleenmauerdesigns.com and its entire contents, features and functionality, including but not limited to, all information, software, text, displays, images, graphics and audio, and the design, selection and arrangement thereof, and all other material contained on the website colleenmauerdesigns.com we make available on our website colleenmauerdesigns.com (collectively, the "content") are owned by Colleen Mauer Designs, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, and are for your personal informational purposes only.
You must not:
You must not access or use for any commercial purposes any part of the website colleenmauerdesigns.com or any services or materials available through the website colleenmauerdesigns.com.
You may not use content in any way not expressly permitted by these Terms of Use and if you do, your right to use the content will automatically terminate and you hereby agree to immediately cease all use of the website colleenmauerdesigns.com and the content. The content and the website colleenmauerdesigns.com generally, are subject to change or termination by Colleen Mauer Designs without notice.
The trademarks, names, slogans, logos, characters and service marks (collectively "Trademarks") displayed on our website colleenmauerdesigns.com belong to us or have been licensed to us. Nothing contained on our website colleenmauerdesigns.com should be construed as granting any license or right to use any Trademark displayed on colleenmauerdesigns.com. Your use/misuse of the Trademarks displayed on our colleenmauerdesigns.com, except as provided in these Terms of Use, is strictly prohibited.
Colleen Mauer Designs will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution. All rights not expressly granted herein are reserved.
User Submissions
The Personal Information you submit to the website colleenmauerdesigns.com is governed by the Privacy Policy. When we use the term “Personal Information” we mean information such as your first/middle initial or name and last name, street address, town or city, state, zip code, telephone number, email address, gender and any other information that would allow someone to identify you or contact you. You agree you will not send, upload or transmit any communication or content of any type that infringes or violates any rights of any party or violate these Terms of Use. By submitting or otherwise exchanging communications or content, you understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials, whether publicly posted or privately transmitted ("User content"), are the sole responsibility of the person from whom such User content originated, and you agree that such User content will not be considered or treated as confidential and (i) you acknowledge and understand others may see, read, use or re-transmit such User content, (ii) you explicitly represent and warrant that you are the owner of such User content or have all rights and licenses necessary regarding such User content and (iii) that Colleen Mauer Designs is thereby granted a royalty-free, paid-up, perpetual, irrevocable, unrestricted world-wide non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, adapt, transform, distribute, transmit, broadcast, perform and display such User content in any media or medium, or any form, format, or forum now known or hereafter developed.
Linking / Third Party Links on Our Website
Our website colleenmauerdesigns.comcolleenmauerdesigns.com may contain links to other Web website colleenmauerdesigns.coms. Colleenmauerdesigns.com does not recommend, monitor, control or endorse any third-party advertising or content, or the content on any third-party Web website colleenmauerdesigns.coms and is not responsible for colleenmauerdesigns.coms’ terms of use or privacy policies or how they may treat your information. Your use of third-party website colleenmauerdesigns.com is at your own risk. Please be mindful of this as you link to other websites.
In general, colleenmauerdesigns.com does not object to links to our colleenmauerdesigns.com site from third-party colleenmauerdesigns.coms. However, you must abide by the following rules:
Colleen Mauer Designs will not tolerate links from any obscene, scandalous, profane, defamatory, unlawful website that may adversely affect the name, reputation and goodwill of Colleen Mauer Designs or its employees, officers, owners, vendors or customers.
Without limiting any other remedy available at law or in equity, Colleen Mauer Designs reserves the right to cancel permission to link at any time, for any reason.
Disclaimer of WarrantiesWe will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer programs, data, or other proprietary material due to your use of the website colleenmauerdesigns.com or any services or items obtained through the website colleenmauerdesigns.com or to your downloading of any material posted on it, nor any website colleenmauerdesigns.com linked to it.
Your use of the website colleenmauerdesigns.com, its content, and any services or items obtained through the website colleenmauerdesigns.com are provided on an “as is” and “as available” and “with all faults” basis, without any warranties of any kind, either express or implied. Neither the company nor any person associated with the company makes any warranty, condition, or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the website colleenmauerdesigns.com.
Without limiting the foregoing, neither the company nor anyone associated with the company represents or warrants that the website colleenmauerdesigns.com, its content or any services or items obtained through the website colleenmauerdesigns.com will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our website colleenmauerdesigns.comcolleenmauerdesigns.com or the server that makes it available are free of viruses or other harmful components or that the website colleenmauerdesigns.com or any services or items obtained through the website colleenmauerdesigns.com will otherwise meet your needs or expectations.
Colleen Mauer Designs, Sole Proprietorship, hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, title, non-infringement and fitness for particular purpose.
The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
Limitation on Liability
In no event will Colleen Mauer Designs, Sole Proprietorship, Its affiliates or their respective licensors, service providers, store fronts, retailers, employees, agents, officers, managers, or owners 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 colleenmauerdesigns.com or any website linked to it, any content (including without limitation user content) on the website colleenmauerdesigns.com or such other website or any services or items obtained through the website colleenmauerdesigns.com 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 of any kind, 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 and whether or not Colleen Mauer Designs, Sole Proprietorship, has been advised of the possibility of damages.
Some jurisdictions do not allow the disclaimer of certain types of damages or liability in whole or in part with respect to consumer agreements and although the exclusions, limitations and disclaimers in these Terms of Use shall always be construed to take full advantage of their meaning to the extent permitted by law, you should consult your own legal advisor should you wish to determine the laws and regulations that apply to you.
Indemnification
You agree to defend, indemnify and hold harmless Colleen Mauer Designs, its affiliates, licensors and service providers, and its and their respective owners, officers, directors, managers, retail stores, retail affiliates, store fronts, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, actions, demands, liabilities, damages, judgments, settlements, awards, losses, costs, expenses or fees (including reasonable accountant’s and attorneys' fees) arising out of or relating to, or alleged to arising out of or relate to, your violation of these Terms of Use or your use of the website colleenmauerdesigns.com, including, but not limited to, your user content, any use of the website colleenmauerdesigns.com's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from colleenmauerdesigns.com.
Governing Law and Jurisdiction
All matters relating to the colleenmauerdesigns.com and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
You expressly agree and personally submit to the exclusive jurisdiction of the courts of the State of California, to adjudicate and resolve any dispute with Colleen Mauer Designs, its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and Content providers or in any other way relating to the Website colleenmauerdesigns.com, including, Content or user content.
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the website colleenmauerdesigns.com shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in the City of San Francisco.
YOU HEREBY IRREVOCABLY WAIVE YOUR RIGHT TO CLAIM THAT THE STATE OF California IS AN INCONVENIENT FORUM TO HEAR CLAIMS AND DISPUTES. Notwithstanding the foregoing, Colleen Mauer Designs retains the right, in its sole and absolute discretion, to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You irrevocably waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Colleen Mauer Designs is based in San Francisco, California in the United States of America. At this time Colleen Mauer Designs only sells jewelry in the continental United States of America and Canada and most international countries.
Colleen Mauer Designs makes no claims that the website colleenmauerdesigns.com, any content or user content are appropriate or may be transmitted, used or installed outside of the United States. Access may not be legal by certain persons or in certain countries. If you access the website colleenmauerdesigns.com from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
YOU HEREBY IRREVOCABLY WAIVE YOUR RIGHT TO A JURY TRIAL.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE (INCLUDING OUR PRIVACY POLICY OR TERMS OF SALE) OR THE WEBSITE COLLEENMAUERDESIGNS.COM OR ANY PRODUCTS PURCHASED THROUGH THE WEBSITE COLLEENMAUERDESIGNS.COM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by Colleen Mauer Designs of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Colleen Mauer Designs to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Survival of Terms
Any terms or conditions in these Terms of Use that must survive to give effect to their meaning, shall survive the termination, expiration or cancellation of these Terms of Use.
Modification
We may modify these Terms of Use, including our Privacy Policy and Terms of Sale, at any time and although we will generally try and provide at least 30 days’ advance notice of the effective date of any material modification, if we do not provide advance notice, the modification will take effect when we post the change on our website colleenmauerdesigns.com. Accordingly, we urge you to check back frequently so that you are aware of the terms and conditions that apply to you.
Copyright Policy
Colleen Mauer Designs respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Colleen Mauer Designs’ Copyright Agent with the information specified below in the form of a “Notification of Alleged Infringement.”
DMCA NOTIFICATION OF ALLEGED COPYRIGHT INFRINGEMENT
If you would like to submit a claim of copyright infringement, please substantiate each claim by sending Colleen Mauer Design registered Copyright Agent a Notification of Claimed Infringement at the email or mailing address below:
Copyright Agent
Colleen Mauer Designs
San Francisco County
1406-B Valencia Street
San Francisco, CA 94110
While you may call us, this does not constitute a proper Notification to us. To be considered effective, a Notification of Alleged Infringement must be submitted in writing and include the following information:
(a) Physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed.
(b) Identification of the copyrighted material claimed to have been infringed.
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity that is to be removed or access to which is to be disabled.
(d) Information reasonably sufficient to permit Colleen Mauer Designs to locate the material that is claimed to be infringing or to be the subject of infringing activity.
(e) Information reasonably sufficient to permit Colleen Mauer Designs to contact you, such as a physical address, email address, and telephone number.
(f) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(g) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
DMCA COUNTER-NOTIFICATION
If you elect to send us a Counter-Notification, please send an email or letter to Colleen Mauer Designs registered Copyright Agent at the email or mailing address below:
Copyright Agent
Colleen Mauer Designs
San Francisco County.
1406-B Valencia Street
San Francisco, CA 94110
To be considered effective, a Counter-Notification must be submitted in writing and include the following information:
(a) Physical or electronic signature of the user or a person authorized to act on behalf of the user.
(b) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
(c) A statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
(d) The user's name, address, and telephone number, and a statement that the user consents to the jurisdiction of the County of San Francisco, State of California and that the user will accept service of process from the person who submitted the Notification of Claimed Infringement or an agent of such person.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of users who are repeat infringers.
Entire Agreement; Amendment
These Terms of Use (which in all instances and for all purposes include our Privacy Policy and Terms of Sale) constitute the sole and entire agreement between you and Colleen Mauer Designs with respect to the Website colleenmauerdesigns.com and its use, and supersede all prior and contemporaneous understandings, agreements, representations, warranties, promises and discussions, both written and oral, with respect to the website colleenmauerdesigns.com. The course of dealing, course of performance, course of conduct, prior dealings, usage of trade, community standards, industry standards, and customary standards and customary practice or interpretation in matters involving the sale, delivery, use, or service of similar or dissimilar products or services shall not serve as references in interpreting these Terms of Use in whole or in part.
Only Colleen Mauer Designs has the authority to agree to amendments to these Terms of Use, and to be and be considered binding, any amendments must be in writing and executed by a designated officer of Colleen Mauer Designs.
Your Comments and ConcernsColleenmauerdesigns.com is operated by Colleen Mauer Designs,San Francisco County. 1406-B Valencia Street San Francisco, CA 94110
All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy, above, in the manner and by the means set forth therein.
All other feedback, comments, requests for technical support and other communications relating to the Website colleenmauerdesigns.com should be directed to info@colleenmauerdesigns.com.
Thank you for visiting the website colleenmauerdesigns.com.
WE MAY REVISE THESE TERMS AND CONDITIONS BY UPDATING THIS POSTING
Terms of Sale
Last Updated: October 9, 2019
In addition to the Terms of Use which govern your use of colleenmauerdesigns.com (this “Website colleenmauerdesigns.com”), these terms and conditions (the “Terms of Sale”) govern any order or purchase of products (“merchandise”) you (the individual completing this order, “you”) place through colleenmauerdesigns.com.
By placing an order for merchandise through colleenmauerdesigns.com or by phone, you accept these Terms of Sale and agree to be bound by them. Because these Terms of Sale are subject to change at any time, please review and save a copy of them for your records prior to placing each order. If you have any questions about the Terms of Sale or any aspect of your order, please e-mail our Customer Service Department at info@colleenmauerdesigns.com.
Order and Acceptance
All advertisements on colleenmauerdesigns.com are invitations to purchase and not offers to sell. Colleen Mauer Designs reserves the right, at its sole and absolute discretion, to accept or reject the order once you have completed and placed your order.
Although it is rare that Colleen Mauer Designs would refuse to accept an order, we reserve the right to deny any order for any reason, including where the following situations arise:
Error in Pricing
In the event that an item is listed at an incorrect price due to an error in pricing, Colleen Mauer Designs will have the right, at Colleen Mauer Designs sole and absolute discretion, to reject or Colleen Mauer Designs may, at its sole and absolute discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
Error in Billing, Payment or Shipping Information
Some orders cannot be processed due to an error in information you have provided, which includes, but is not limited to:
We have no obligation to contact you to notify you of the problem or to attempt to correct any such errors.
Merchandise Shipping Delay or Unavailability
The purchase of products on colleenmauerdesigns.com is subject to availability. If an item of merchandise is delayed out of our fulfillment center or becomes unavailable, or if there is an error on colleenmauerdesigns.com relating to the order (for example, an error relating to the price or description of merchandise) Colleen Mauer Designs may cancel the order. If this occurs, then we will contact you so you are aware.
In the event that Colleen Mauer Designs advises you that any products are no longer available, Colleen Mauer Designs will have no obligation to fulfill your order and you have no obligation to pay Colleen Mauer Designs for the order.
Resale of Merchandise
Colleen Mauer Designs and Colleen Mauer are private label brands. To protect its intellectual property rights, any suspected resale of our merchandise for personal or business profit is strictly prohibited. We will not accept any order found to have characteristics of reselling. We reserve the right to cancel all subsequent orders from such customers.
Colleen Mauer Designs may refuse to accept any order if fraudulent activity is suspected and may refuse to process subsequent orders from customers with a previous fraudulent order history. We may also refuse any orders connected with a previous credit card dispute.
Engagement with Colleen Mauer Designs Affiliates
Colleen Mauer Designs reserves the right to block from receiving marketing communications or to remove and unsubscribe from all Colleen Mauer Designs platforms any email address, phone number, and/or mailing address associated with customers determined by Colleen Mauer Designs to have characteristics of reselling and/or customer orders determined by Colleen Mauer Designs to be fraudulent.
Colleen Mauer Designs platforms affected by such removal include but are not limited to: (i) any of Colleen Mauer Designs online accounts; (ii) promotional club memberships; (iii) email marketing lists; (iv) text messaging programs; or (v) direct mailing lists. In addition, affected customers may be prohibited from accessing or registering for all of the aforementioned platforms in the future.
Customer Initiated Order Cancellations and ChangesYou can make changes or cancel your order at any time before your order has been processed. To make changes to your order, please contact our Customer Service Department by e-mail atinfo@colleenmauerdesigns.com.
If your order has already been processed, you may under limited circumstances exchange or return the merchandise purchased on colleenmauerdesigns.com only in accordance with the terms of our sales policy.
Merchandise on Backorder
Merchandise on backorder is temporarily out of stock. If we are unable to ship any merchandise on backorder within thirty (30) days from the date of your order, we will notify you at the e-mail address that you have provided. You will not be charged for merchandise on backorder until it ships. Shipping and handling for each item in an order is distributed so it is directly proportional to the cost of an item and will not be charged in the applicable proportional amount until the respective item(s) ship(s). All items in an order will be shipped via the shipping service type selected when placing the order. The status of a backordered item will remain open on an order until the merchandise is in stock and we take payment and ship the merchandise, or until we contact you that that item was cancelled, or if you contact us to change or cancel your order.
Colleen Mauer Designs may vary the price of its merchandise at any time. After we accept an order, we will not alter the price, except for merchandise eligible for price adjustment.
Payments by Credit Card
You may pay for your purchase using the Paypal or certain credit cards (each, a “Credit Card”) and you authorize Colleen Mauer Designs to charge the applicable Credit Card for the purchase price and you represent and warrant that you are the cardholder of that Credit Card. If your Credit Card is rejected by the card issuer, your order will not be shipped and Colleen Mauer Designs will have no obligation to fulfill your order or to advise you of the reason for non-fulfillment.
All billing and registration information provided by you to Colleen Mauer Designs must be truthful, complete and accurate. Providing any untruthful, incomplete or inaccurate information constitutes a breach of these Terms of Sale.
When you pay by Credit Card, Colleen Mauer Designs reserves the right to request additional evidence or proof of billing information. Debit payment methods will be processed as credit. The charge for your order will appear on your credit card statement as ‘Colleen Mauer Designs’. If you contest the validity or amount of a charge related to an order with Colleen Mauer Designs, and believe it to be fraudulent, please email us at info@colleenmauerdesigns.com.
Colleen Mauer Designs will prosecute to the fullest extent of the law any fraudulent activities related to the reversal of a valid charge for an order filled and delivered to the customer. Should your order be cancelled, any 'authorization holds' will drop of your account within five to seven business days dependent upon both bank and vendor authorization and acceptance. Colleen Mauer Designs is not responsible or liable for bank related credits.
Delivery
At this time, we sell only in the USA and Canada, but we ship internationally. Shipping and handling charges will depend on the value of your order, where the merchandise is being shipped, and your required shipping time. You can find a list of our shipping and handling charges and our delivery terms on the checkout page.
Your order will be shipped to you by one of Colleen Mauer Designs third party carriers. The exact carrier delivering your item(s) will be identified in the shipping confirmation email you will receive once your order has shipped.
Colleen Mauer Designs is not responsible for any loss of the products following shipment from Colleen Mauer Designs or its agents’ facilities to your delivery address. Any loss or damage should be taken up with the carrier who delivered the products.
Disclaimers of Warranties
To the maximum extent permitted by applicable law, Colleen Mauer Designs disclaims all warranties and conditions of any kind, whether legal, statutory or otherwise, express or implied (including implied warranty of merchantability and fitness for particular purpose, title, quality and non-infringement), relating colleenmauerdesigns.com or any content, information or goods accessed, offered, purchased or sold through colleenmauerdesigns.com or their use, suitability or availability or any transaction conducted on colleenmauerdesigns.com, whether arising from statute, course of dealing, usage of trade or otherwise.
Colleen Mauer Designs makes no representations or warranties and provides no conditions in connection with colleenmauerdesigns.com or any content, information or goods accessed or offered through colleenmauerdesigns.com or their use.
Some jurisdictions do not allow the limitation on implied warranties and conditions. If these laws apply to you, some or all of the above disclaimers may not apply to you.
Limitation of Liability
In no event and under no circumstances shall Colleen Mauer Designs or its members, managers, officers, directors, employees, or agents be liable to any party for any direct or indirect, actual, incidental, special, exemplary, consequential or punitive damages of any nature (INCLUDING WITHOUT LIMITATION, LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS OF ANY KIND, LOSS OF OPPORTUNITY AND ANY PROPERTY DAMAGE, INJURY, ILLNESS OR DEATH), whether in contract, in tort or otherwise, even if Colleen Mauer Designs has been advised of or should have known of the possibility of such damages, including for damages arising in connection with or relating in any manner whatsoever to:
(A) colleenmauerdesigns.com; (B) any content, information or goods accessed, offered, purchased or sold through colleenmauerdesigns.com or their use, suitability or availability (including inability to use); (C) any transaction conducted on colleenmauerdesigns.com; and (D) any unauthorized access to or alternation of your data or personal information.
EACH PROVISION OF THESE TERMS OF SALE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND COLLEEN MAUER DESIGNS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND COLLEEN MAUER DESIGNS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S). IF YOU ARE DISSATISFIED WITH THE WEBSITE COLLEENMAUERDESIGNS.COM, ANY CONTENT ON THE WEBSITE COLLEENMAUERDESIGNS.COM, OR THESE TERMS OF SALE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE COLLEENMAUERDESIGNS.COM AND DO NOT COMPLETE YOUR PURCHASE. YOU ACKNOWLEDGE, BY CLICKING YOUR ACCEPTANCE TO THESE TERMS OF SALE, THAT YOUR USE OF THE WEBSITE COLLEENMAUERDESIGNS.COM AND ANY PURCHASE OR USE OF ANY ITEMS OFFERED FOR PURCHASE THEREIN IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.
If the above exclusion or any portion thereof is found to be invalid or unenforceable for any reason, then the aggregate liability of Colleen Mauer Designs for damages of any nature or kind suffered by you shall in no event exceed the purchase price of your transaction for the item involved in your claim.
Applicable Law; Disputes
Colleen Mauer Designs is located, and controls the website colleenmauerdesigns.com, from its offices within the State of California. At this time, we do not sell jewelry outside the United States of America and Canada, but we do ship internationally.
THE TERMS OF SALE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO THE CONFLICT OF LAWS PRINCIPLES OF ANY JURISDICTION.
ANY DISPUTE SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN San Francisco COUNTY, CALFORNIA, U.S.A., AND YOU HEREBY IRREVOCABLY AGREE TO SUBMIT TO THE PERSONAL AND EXCLUSIVE JURISDICTION AND VENUE OF SUCH COURTS. THE MAKING OF CLAIMS OR RESOLUTION OF DISPUTES PURSUANT TO THESE TERMS OF SALE SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH COLLEENMAUERDESIGNS.COM AND/OR THESE TERMS OF SALE WILL BE RESOLVED INDIVIDUALLY IN THE FORUM DESIGNATED IN THIS PARAGRAPH, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; AND (2) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE. The Terms of Sale are not enforceable by any party except for Colleen Mauer, Colleen Mauer Designs, and its customers.
Additional Terms and Resources
If you ordered your merchandise through colleenmauerdesigns.com, your purchase is subject to these Terms of Sale, and your use of the website colleenmauerdesigns.com is subject to the website colleenmauerdesigns.com
Any personally identifiable information provided to Colleen Mauer Designs through the website colleenmauerdesigns.com is subject to the colleenmauerdesigns.com's Privacy Policy.
The various section headings used herein are inserted for convenience of reference only and shall not affect the meaning or be used in the interpretation of these Terms of Sale or any section thereof. For purposes of these Terms of Sale: (a) the words "include," "includes" and "including" shall be deemed to be followed by the words "without limitation"; (b) the word "or" is not exclusive; and (c) the words "herein," "hereof," "hereby," "hereto" and "hereunder" refer to these Terms of Sale as a whole. If any term, provision, covenant, or condition of these Terms of Sale is held by a court or arbitral panel of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated. Colleen Mauer Designs shall not be liable for any delay or failure to perform any of its obligations under these Terms of Sale if such delay or failure is due to causes beyond its control, including weather-related and other uncontrollable shipping delays. The delay or failure of Colleen Mauer Designs to act with respect to a breach of these Terms of Sale by you or others does not constitute a waiver and shall not limit Colleen Mauer Designs rights with respect to such breach or any subsequent breaches.
Changes to Terms of Sale
The Terms of Sale applicable to your order are the Terms of Sale in effect on the date that you place your order, as made available to you when you complete the checkout process. Colleen Mauer Designs may modify its Terms of Sale from time to time in accordance with applicable laws. Any such modification will apply to an order placed after the effective date of the modification. Therefore, each time you place an order with Colleen Mauer Designs you represent that you have accessed, read and accepted the Terms of Sale applicable to and governing that order.
