Terms and Conditions
Agreement between user and nightsky-jewelry.com
Welcome to nightsky-jewelry.com. The nightsky-jewelry.com website (the "Site") is comprised of various web pages operated by Night Sky Jewelry nightsky-jewelry.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of nightsky-jewelry.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
nightsky-jewelry.com is a E-commerce Site
Night Sky Jewelry makes and sells unique, one of a kind, limited edition and custom handmade jewelry. I specialize in precious metal wire wrapping with gemstones, ancient and antique glass, and freshwater pearls.
Visiting nightsky-jewelry.com or sending emails to Night Sky Jewelry constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Night Sky Jewelry does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use nightsky-jewelry.com only with permission of a parent or guardian.
If you're not happy with the jewelry you buy from me, please let me know immediately. I want my customers to be 100% happy with their purchase! If a return is necessary, it must be mailed back to me within 10 days of receipt, in its original, unworn condition, with all packaging and documents. Please notify me before returning the item.
Purchase price will be refunded in full. Unless there was an error on my part (sent wrong item, not as described, etc.) shipping costs will not be refunded. Buyer is responsible for return shipping, and a carrier that provides a tracking number should be used. USPS First Class is the most affordable method in the U.S.
Links to third party sites/Third party services
nightsky-jewelry.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Night Sky Jewelry and Night Sky Jewelry is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Night Sky Jewelry is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Night Sky Jewelry of the site or any association with its operators.
Certain services made available via nightsky-jewelry.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the nightskyjewelry.com domain, you hereby acknowledge and consent that Night Sky Jewelry may share such information and data with any third party with whom Night Sky Jewelry has a contractual relationship to provide the requested product, service or functionality on behalf of nightsky-jewelry.com users and customers.
No unlawful or prohibited use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Night Sky Jewelry or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
Night Sky Jewelry content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Night Sky Jewelry and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied,
to the intellectual property of Night Sky Jewelry or our licensors except as expressly authorized by these Terms.
The Service is controlled, operated and administered by Night Sky Jewelry from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Night Sky Jewelry Content accessed through nightsky-jewelry.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Night Sky Jewelry, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.
Night Sky Jewelry reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Night Sky Jewelry in asserting any available defenses.
violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Night Sky Jewelry reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Night Sky Jewelry in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. NIGHT SKY JEWELRY AND/OR ITS SUPPLIERS MAY
MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
NIGHT SKY JEWELRY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND
ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND.
NIGHT SKY JEWELRY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL NIGHT SKY JEWELRY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF
OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE,
WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF
THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF NIGHT SKY JEWELRY OR ANY OF ITS
SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Night Sky Jewelry reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Utah and you hereby consent to the exclusive jurisdiction and venue of courts in Utah in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Night Sky Jewelry as a result of this agreement or use of the Site. Night Sky Jewelry's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Night Sky Jewelry's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Night Sky Jewelry with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Night Sky Jewelry with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Night Sky Jewelry with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating
to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Night Sky Jewelry reserves the right, in its sole discretion, to change the Terms under which nightsky-jewelry.com is offered. The most current version of the Terms will supersede all previous
versions. Night Sky Jewelry encourages you to periodically review the Terms to stay informed of our updates.
Night Sky Jewelry welcomes your questions or comments regarding the Terms:
Night Sky Jewelry
PO Box 575794
Salt Lake City, Utah 84157
Effective as of May 09, 2015