TERMS & CONDITIONS
OVERVIEW
This website is operated by COADY CULHA. Throughout the site, the terms “we”, “us” and “our” refer to COADY CULHA. COADY CULHA offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. 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.
SITE IMAGERY/DESIGN
Each jewelry piece is handmade and slight variations in construction and decoration are normal. All gemstone materials are natural and each example is unique. No guarantees are made regarding consistency and you should expect a beautiful variety in every piece and order.
COADY CULHA provides images of each item on the Site and endeavors to show as much detail as possible. However, viewing images online has its disadvantages as the size and color of the images may vary across digital screens and mobile devices.
ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
ERRORS & INACCURACIES
We make every attempt to ensure that our online catalog of products is as accurate and complete as possible. Unfortunately, it is not possible to ensure that it may not be completely free of human or technological errors. This website may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing, availability, and product information.
COADY CULHA reserves the right to correct any errors, inaccuracies or omissions -including after an order has been submitted- and to change or update information at any time without prior notice. Prices and descriptive information or imagery are subject to change without notice. If a product’s listed price is lower than its actual price, we will contact you prior to processing the order to confirm the new price. Should you not want to continue with your order at this time, it will be cancelled. We will not honor inaccurate or incorrect pricing.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our 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 we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve 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 our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
INDUSTRIAL AND ARTISTIC PROPERTY RIGHTS
All industrial and artistic property rights related to the brands and product designs belong exclusively to COADY CULHA LLC & GDJ DIAMONDS INC. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service or the Site. You acknowledge that the Site and the Service contains copyrights, trademarks, service marks, or other intellectual property of COADY CULHA and may not be copied, imitated or used, in whole or in part, without the prior written permission of COADY CULHA or the applicable trademark holder.
Failure to respect these provisions and the legal provisions related to industrial and artistic property rights shall constitute an act of counterfeit and/or an act of unfair competition punishable under current laws and which may give rise, inter alia, to the payment of damages.
MODIFICATIONS TO SERVICE/TERMINATION
COADY CULHA reserves the right at any time to modify or discontinue the Service (or any part thereof). You agree that COADY CULHA shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. You acknowledge that COADY CULHA reserves the right to deactivate accounts, cancel orders, and/or refuse to accept orders from users that violate the Terms or for such other reason as determined by COADY CULHA.
THIRD PARTY SITES
Your dealings with advertisers or any links or third-party sites found on or through the Service are solely between you and such third-party. Because COADY CULHA has no control over such sites and resources, you acknowledge and agree that COADY CULHA is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, materials, advertising, products, promotions or any other activities or events. We suggest that you carefully read the applicable terms and privacy policies of any other site you may visit.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. COADY CULHA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. JENNIFER FISHER MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM JENNIFER FISHER OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COADY CULHA SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF ANY FUNDS, TANGIBLE OR INTANGIBLE, LOSS OF PROFITS, GOODWILL, USE, DATA OR ANY OTHER LOSSES RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE USE OR PARTICIPATION IN ANY THIRD PARTY PRODUCT OR SERVICE OR OTHER SITES; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY YOU MAY ACCESS THROUGH THE SERVICE; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE.
EXCLUSIONS/LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability so some of the above limitations may not apply to you.
INDEMNITY
You agree to release, indemnify, defend, and to hold COADY CULHA and its subsidiaries, affiliates, officers, agents, or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs regarding your breach of the Terms and/or any claim or demand made by any third party due to or arising out of your use of the Site or Service or your violation or alleged violation of any rights of another.
AGE POLICY
COADY CULHA complies with the Children’s Online Privacy Act. Our Site (and links that may be available through our Site), are not intended for persons under the age of eighteen (18). We do not knowingly collect information from such persons.
GENERAL INFORMATION
The Terms constitute the entire agreement between you and COADY CULHA, superseding any other agreements or understandings between you and COADY CULHA. The Terms and the relationship between you and COADY CULHA shall be governed by the laws of the State of New York and you agree to submit to the exclusive jurisdiction of the federal and state courts located in New York, New York. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
For questions regarding these Terms, please email:Sales@CoadyCulha.com