Terms and Conditions
JAMBHALA HOLDINGS INCORPORATED, DBA DOROTHÉE ROSEN DESIGNER GOLDSMITH
ONLINE JEWELLERY TERMS OF PURCHASE
Sorry, this is a thing we’ve gotta tell you, just to be clear:
By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, or entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“User”) agree to be provided with products by JAMBHALA HOLDINGS INCORPORATED, DBA DOROTHÉE ROSEN DESIGNER GOLDSMITH (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following Terms of Purchase:
1. GENERAL TERMS.
a. Upon execution of this Agreement, electronically, or otherwise, the Company agrees to provide Jewellery purchased (collectively known as the “Jewellery”) as outlined on Company’s Website at https://dorotheerosen.ca/ (“Website”), Checkout Page, or other point of purchase.
b. The scope of the Jewellery rendered by the Company pursuant to this Agreement shall be solely limited to that contained therein and/or provided for on Company’s Website as part of the Jewellery.
c. Your Order is not confirmed until you receive acknowledgement from the Company.
d. Depending on the circumstances, fit-related returns may be subject to return shipping, storage, and processing fees.
2. DELIVERY.
a. The Company offers several delivery options to Customers as outlined below.
i. INSERT DELIVERY OPTIONS
ii. Upon Delivery. Customer agrees to check order and make sure there are no signs of damage, or missing/incorrect pieces. If there are signs of damage to your package when it arrives, please take photographs of said damage, before opening the package. Customer agrees to note any issues and contact the Company immediately. Should there be damage to the Jewellery, it must be reported within three (3) days of delivery.
b) Duties, taxes, and other fees associated with international shipping are the responsibility of the Customer.
3. PAYMENT AND REFUND POLICY.
a. Upon execution of this Agreement, Customer agrees to pay to the Company the purchase amount as stated on the Website.
b. 10-Day Guarantee.
i. If Customer is not fully satisfied with the purchase of the Jewellery, the Company provides free return or exchange of the Jewellery.
ii. Customer must notify the Company within ten (10) days and the Company will work with the Customer to receive a full refund, exchange, or credit, less a ten-percent (10%) restocking charge.
iii. All Jewellery returns within the ten (10) day period must be in original condition, in the original box, and packed carefully to assure safe return shipping.
iv. Non-compliance with the above Terms, or any wear and tear of the Product, may result in an adjustment of refund value.
c. In the event the Jewellery is damaged upon delivery, Customer should notify the Company immediately and the Company will work with Customer to receive a full refund, exchange, or credit. The damaged Jewellery must be reported within five (5) days of delivery to [email protected]
4. INTELLECTUAL PROPERTY RIGHTS. In respect of the design and Company branding specifically created for the Client as part of this Agreement, the Jeweller maintains all of the copyright, and other intellectual property rights used or subsisting in the Jewellery. The Jeweller reserves the right to take photographs of the design and final product and Client agrees these pictures may be used for promotion, display, advertisement, internet use, or publication, unless this permission is revoked by the Client.
DISCLAIMERS & RELEASE OF CLAIMS. By purchasing or otherwise utilizing the Jewellery, the Client acknowledges that the Jeweller is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any Jewellery purchased. Due to the nature of Jewellery design, the Jeweller cannot guarantee that the appearance of the Jewellery will be exactly as imagined or shown through designs. Imperfections or variations may occur naturally. These characteristics are not to be viewed as damages or defects.
In no event will the Jeweller or the Company be liable to any party for any type of direct, indirect, special, incidental, or consequential damages. You hereby release the Jeweller and the Company from any and all claims including those related to personal or business interruptions, misapplication or information, or any other loss, condition, or issue.
GOOD FAITH. Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.
LIMITATION OF LIABILITY. YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE JEWELLERY. ADDITIONALLY, JAMBHALA HOLDINGS INCORPORATED, DBA DOROTHÉE ROSEN DESIGNER GOLDSMITH IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF THE JAMBHALA HOLDINGS INCORPORATED, DBA DOROTHÉE ROSEN DESIGNER GOLDSMITH HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL JAMBHALA HOLDINGS INCORPORATED, DBA DOROTHÉE ROSEN DESIGNER GOLDSMITH CUMULATIVE LIABILITY TO YOU EXCEED $100.
DISPUTE RESOLUTION. If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the International Centre for Dispute Resolution Canada (ICDR® Canada). The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in OTTAWA, ONTARIO or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the province of NOVA SCOTIA, CANADA, regardless of the conflict of laws principles thereof.
ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.
