This is a legal agreement (the "Agreement") between You, the individual, company or organization ("you," "your," or "Customer") and South Street Designs LLC ("we," "our" or "Company"). By ordering, accessing, using or purchasing any product (collectively the "Product") through this website or related websites (collectively the "Website"), you are agreeing to be bound by, and are becoming a party to, this Agreement. If you do not agree to the terms of this Agreement, do not use this Website or order Product. Your use of this Website means that you agree to the terms and conditions of this Agreement. We may at our sole and absolute discretion change, add, modify, or delete portions of this Agreement at any time without notice. It is your sole responsibility to review this Agreement for changes prior to use of the Website or purchase of the Product.
These terms and conditions apply to ALL transactions made on or through this Website. This Agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act. You manifest your agreement to the terms and conditions in this document by any act demonstrating your assent thereto, including clicking any button containing the words "I agree" or similar syntax, or by merely accessing the Website, whether you have read these terms or not. It is suggested that you print this form for your personal records.
We strive to offer the best customer service for all our products. Please contact our Customer Service Department at email@example.com should you feel that you are not receiving the support and care that you deserve.
For standard shipping, please allow for 10-14 working days for delivery after the order is shipped. For expedited shipping, allow for 3-5 business days for delivery. The shipping carrier and shipping service is determined at our discretion at the time the order is processed. We do not guarantee arrival dates or times, and delivery estimates do not include handling time. All shipping charges are non-refundable.
If you believe that you have been billed in error, please notify our Customer Care Department immediately. If we do not hear from you within 30 days after such billing error first appears on any account statement, the billing will be deemed accepted by you for all purposes, including resolution of inquiries made by your credit card issuer. You are deemed to have released Company from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to Company within thirty (30) days of its appearance on your credit card account statement.
You represent that you are at least 18 years of age and that you will not permit a person under 18 to order Product from our Website. You represent that the information provided by you when placing your order is up-to-date, materially accurate and sufficient for us to fulfill your order in a timely and efficient manner. You are responsible for maintaining and promptly updating your account information with us and keeping such information (and any passwords given to you for the purposes of accessing the Website and/or purchasing Products) secure against unauthorized access. Unless agreed otherwise or required by applicable law, any warranties provided in relation to the Product only extend to you on the understanding that you are a user, and not a reseller, of the Product. You are not permitted to re-sell, re-distribute or export any Product that you order from the Website.
You agree to pay for the Product and any taxes, shipping or handling of Product as such costs are specified by us on the Website when you submit your purchase order. Payment shall be made prior to delivery of the Product and by such methods as indicated on the Website (and not by any other means unless we have given our prior consent to such alternative payment methods).
Limitation of Liability
To the maximum extent legally permitted, whether or not company was aware or advised of the possibility of damages, and whether or not the limited remedies provided herein fail of their essential purpose, our aggregate liability (whether for breach of contract, tort or any other legal theory) shall in no circumstances exceed the cost of the products you ordered. Further, under no circumstances shall we be liable for special, incidental, indirect, or consequential damages, lost profits, lost revenue, or cost of cover. The products are sold and delivered to you "as is" with no warranty whatsoever. Except as expressly stated otherwise in this section, we make no express warranties or representations and we disclaim all implied warranties and representations, including, without limitation the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
- - You may not purchase a gift card using any coupons, discounts, sales or promotions that silverphantomjewelry.com may hold from time to time unless otherwise expressly indicated.
- - Gift cards cannot be redeemed for cash.
- - Gift cards cannot be returned and are not eligible for store credit after they are purchased.
- - Gift cards cannot be used or redeemed with certain promotional offers or to purchase an item or items to which you seek to apply a coupon or discount code. You may, however, use a coupon or discount code to other merchandise included in your order for the items in your order that are paid for using other accepted payment methods.
- - Gift cards do not expire and purchases will be deducted from the gift card until the value of the gift card reaches zero.
- - Sales tax (if applicable) is not charged at the time of purchase of the gift card but is charged on merchandise at the time card is used to purchase such merchandise.
You agree to defend, indemnify, and hold harmless Company, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from your misuse of the Website, or your breach of any of these terms and conditions of this Agreement. We shall promptly notify you by electronic mail of any such claim or suit, and cooperate fully (at your expense) in the defense of such claim or suit. If we do not hear from you promptly, we reserve the right to defend such claim or suit and seek full recompense from you.
Any notice or other communications arising in relation to this Agreement shall be given by sending an e-mail to the latest email address that one party has notified in writing to the other. In the case of sending notices to you, Company will use the email address you provided to Company when you ordered your Product. Such notices or communications (where properly addressed) shall be considered received on the earliest of (i) the email being acknowledged by the recipient as received; (ii) receipt by the sender of an automated message indicating successful delivery or the email having been opened; or (iii) the expiry of forty-eight (48) hours after transmission, provided that the sender has not received notification of unsuccessful transmission.
We reserve the right to terminate your access to or use of this Website and/or your subscription to the Product should we believe that you have violated any of the terms of this Agreement or if we believe you have sought, in bad faith, charge backs, credit backs, Product returns, discounts or any other conduct designed to injure, harass or disrupt this Website or the Company’s business operations.
We reserve the right, but undertake no obligation, to actively report and prosecute actual and suspected credit card fraud. We may, in our discretion, require further authorization from you such as a telephone confirmation of your order and other information. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. We capture certain information during the order process, including time, date, IP address, and other information that will be used to locate and identify individuals committing fraud of any kind, which includes the use of multiple accounts which is strictly prohibited. If any Web Site order is suspected to be fraudulent, we reserve the right, but undertake no obligation, to submit all records, with or without a subpoena, to all law enforcement agencies and to the credit card company for fraud investigation. We reserve the right to cooperate with authorities to prosecute offenders to the fullest extent of the law.
Multiple accounts per location are NOT allowed (based on IP Verification through our system) unless clearly identified as different people, for each account (as per regular account rules) as well as:
- - Email is unique to each account (cannot be in same/similar name)
- - Customer is able to submit Photo ID (scanned/emailed image) and proof of address if requested
- - As per our 'Fraud' policy, we reserve the right to cancel any suspected fraudulent accounts
If you purchase any Products available on our websites, you will be responsible for paying any sales tax indicated on the Web Site.
Intellectual Property Rights
The Website, and all content appearing therein, are the sole and exclusive property of the Company or its licensors. No license or ownership rights in or to any content of the Website are conveyed to you by reason of this Agreement or your purchase of Product. The Website and its content are protected under the laws of copyright and trademark. Unless otherwise permitted by law, you may not copy, republish or transmit any portion of the Website without Company’s prior written consent. When you purchase or order any Product through this website or from Company, you expressly agree that your do not have any license for the resale of any Product and that the resale of Product is expressly prohibited.
We respect and take seriously the intellectual property of others, please feel to contact us at firstname.lastname@example.org with any questions or concerns.
Foreign Transaction Fees
In some instances, billing for your Product or shipping fee may originate from outside of the United States and in some occasions, your financial institution may charge a fee for processing this payment. You are responsible for these processing fees assessed by your financial institution per your card holder agreement. All transactions are processed in United States Dollars USD.
- Governing Law. This Agreement and all disputes or issues arising from it shall be governed exclusively by the laws of New York, USA without regard to conflict or conflict of law principles. The sole and exclusive venue for any and all claims or causes of action arising from or related to this Agreement, or that are related in any manner to your purchase or attempted purchase of the Product(s), shall be the Courts of New York, USA.
- Assignment. This Agreement and the rights and liabilities of the parties hereto inure to the benefit of their respective successors and assigns. Company may assign this Agreement to any successor entity. Customer may not assign without the written permission of Company.
- Severability. If for any reason a court of competent jurisdiction or an arbitrator finds any provision of this Agreement, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of these Terms and Conditions will continue in full force and effect.
- Attorneys' Fees. In the event any Party shall commence any claims, actions, formal legal action, or arbitration to interpret and/or enforce the terms and conditions of this Agreement, or relating in any way to this Agreement, including without limitation asserted breaches of representations and warranties, the prevailing party in any such action or proceeding shall be entitled to recover, in addition to all other available relief, its reasonable attorney’s fees and costs incurred in connection therewith, including attorneys’ fees incurred on appeal.
- No Waiver. No waiver of or by Company shall be deemed a waiver of any subsequent default of the same provision of this Agreement.
- Headings. All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this Agreement.
- Complete Agreement. This Agreement constitutes the entire agreement between the parties with respect to your access and use of the Website and your ordering and use of the Product, and supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matters.
- Modifications. Company reserves the right to change any of the provisions posted herein and you agree to review these terms and conditions each time you visit the Website. Your continued use of the Website following the posting of any changes to these terms and conditions constitutes your acceptance of such changes. Company does not and will not assume any obligation to provide you with notice of any change to this document and you acknowledge and agree to same. Unless accepted by Company in writing, you may not amend these terms and conditions in any way.