Terms & Conditions
TERMS AND CONDITIONS
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The Theadora Elaine Jewelry website/online store is owned and operated by DBA Theadora Elaine Jewelry. The terms and conditions set forth herein are the general terms and conditions (‘Terms”) under which you may use the Theadora Elaine Jewelry website/online store and applies to all services/products offered by the Theadora Elaine Jewelry website/online store. Theadora Elaine Jewelry offers website/online store visitors the ability to purchase handmade jewelry pieces (“goods”). Your purchase of “goods” from Theadora Elaine Jewelry enters you into a legally binding agreement with Theadora Elaine Jewelry on the Terms detailed below. By accessing, using, and purchasing from our website/online store you consent that you have read, understood, and agree to be bound by these Terms as they affect your rights and liabilities and that you are at least 18 years old. Any rules that differ from these Terms and conditions are only recognized if Theadora Elaine Jewelry confirms them in writing.
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Who Can Use https://www.theadoraelainejewelry.com
Your use of https://www.theadoraelainejewelry.com website/online store and/or your ability to receive our services/products requires that you are at least 18 years old or the legal age of majority in your state or country, and have legal authority, right, and freedom to enter into these Terms and Conditions as a legally binding agreement. You are not allowed to use the https://www.theadoraelainejewelry.com website/online store and/or receive our services/products if doing so is prohibited in your state or country or under any law or regulation applicable to you.
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Commercial Terms Offered to Customers
When purchasing an item or using a service, you agree that: (i) you are at least 18 years old or the legal age of majority in your state or country; (ii) you are responsible for reading in its entirety the entire item listing (description, price, etc.) before making a commitment to buy it; (ii) you have entered into a legally binding contract to purchase an item when you both commit to buy an item and you complete the check-out payment process.
The Theadora Elaine Jewelry website/online store lists all prices that we charge for our products/use of our services. We reserve the right to change prices for displayed products at any time. We reserve the right to correct pricing errors that may have unknowingly happened. Fees for services/purchases of products, such as, but not limited to pricing, sales tax, shipping, possible transaction fees are displayed on the payment page.
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Retention of Right to Change or Terminate Sroduct/Service Offerings
Theadora Elaine Jewelry may, without prior notice, (i) change their products/services; (ii) stop providing their products/services or any features of the products/services offered; (iii) create limits for their products/services; (iv) permanently or temporarily terminate or suspend access to their product/services without notice and liability for any reason, or for no reason.
Ownership of Intellectual Property, Copyrights and Logos
The services/products and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, audio, videos, music and all Intellectual Property Rights related thereto are the exclusive property of Theadora Elaine Jewelry, with the exception of photographs on the Theadora Elaine Jewelry website/online store, which are copyrighted and remain the intellectual property of Alison Rios Photography. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
Customers of Theadora Elaine Jewelry recognize and agree and confirm that by uploading any content (including, but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text and literary works) through any means to https://www.theadoraelainejewelry.com that you own all the relevant rights or received the appropriate license to upload/transfer/send the content. You agree and consent that the uploaded/transferred content may be publicly displayed at https://www.theadoraelainejewelry.com.
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Right to Suspend or Cancel User Account
Theadora Elaine Jewelry may permanently or temporarily terminate or suspend your access to the user account service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment.
Indemnification
You agree to indemnify and hold Theadora Elaine Jewelry harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), or personal injury made against them by any third party due to, or arising out of, or in connection with your use of https://www.theadoraelainejewelry.com or any of the products/services offered on https://www.theadoraelainejewelry.com.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Theadora Elaine Jewelry be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the services/products.
To the maximum extent permitted by applicable law, Theadora Elaine Jewelry assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our services/products; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
Right to Change and Modify Terms
Theadora Elaine Jewelry reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms, in whole or in part, at any time, by posting revised terms on the https://www.theadoraelainejewelry.com website. It is your responsibility to check periodically for any changes we make to the Terms. Your continued use of the https://www.theadoraelainejewelry.com website or our services/products after any such changes constitutes your acceptance of the new Terms. If you do not agree to any of these Terms or any future version of the Terms, do not use or access (or continue to access) https://www.theadoraelainejewelry.com or the services/products.
In the event we make material changes to the Terms, notice of the changes will be posted on the homepage of the https://www.theadoraelainejewelry.com website and the revised Terms will take effect thirty days after their publication on the https://www.theadoraelainejewelry.com website.
This agreement and any policies or operating rules posted on the https://www.theadoraelainejewelry.com website constitute the entire agreement and understanding between you and Theadora Elaine Jewelry with respect to the subject matter thereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms shall be admissible in judicial or administrative proceedings based on or relating to use of the https://www.theadoraelainejewelry.com website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Promotional Emails and Content
You agree to receive now and again promotional messages and materials from Theadora Elaine Jewelry, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time at nicole@theadoraelainejewelry.com
Preference of Law and Dispute Resolution
These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services/products, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of Texas U.S.A without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in San Antonio, Texas. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.
Governing Law
The terms and conditions for https://www.theadoraelainejewelry.com are governed by the laws of the United States of America and the laws of the State of Texas.
Prohibitive Use
Theadora Elaine Jewelry (https://www.theadoraelainejewelry.com) prohibits the use of our services/products to discriminate against people based on the following (collectively, “protected groups”: race, color, ethnicity, national origin, religion, gender, gender identity, sexual orientation, disability, and/or any other characteristic protected under applicable law. It is your responsibility to know your local laws and any other legal regulations on discriminations that might apply to you. Theadora Elaine Jewelry (https://www.theadoraelainejewelry.com) does not allow hate speech, which occurs when violent, offensive, derogatory or demeaning language is directed at a person or group based on their one or more protected group attributes.
Product Availability
Theadora Elaine Jewelry (https://www.theadoraelainejewelry.com) reserves the right to limit the number/availability of products/services (or the number/availability of a particular product) that may be available/sold to a customer. Once Theadora Elaine Jewelry (https://www.theadoraelainejewelry.com) accepts your order, we will attempt to promptly fill the order subject to available inventories. Should an item not be available, we kindly ask you to try back again.
Theadora Elaine Jewelry (https://www.theadoraelainejewelry.com) reserves the right to reject orders from customers if there is reasonable belief that customer is in violation of these Terms, or if customer is engaging in fraudulent or other criminal activities.
Orders
An agreement for TheadoraElaine (“Seller”) to sell goods to you (“Purchaser”) is made when we accept your order. The description of goods, price, applicable taxes, and shipping costs are agreed on between Purchaser and Seller when the order is placed. Order placement by the Purchaser is a binding agreement. Orders are considered final and may not be changed or cancelled once the order is placed. Seller reserves the right to cancel any order due to an unauthorized, altered, or ineligible use of an offer or payment and to modify or cancel due to system error or unforeseen problems.
Terms of Payment
The purchase price for the services/products ordered by you is due upon the purchase transaction completion of your order by Theadora Elaine Jewelry (https://www.theadoraelainejewelry.com). Upon the purchase transaction completion, Theadora Elaine Jewelry (https://www.theadoraelainejewelry.com) will charge the selected payment method for the purchase price, the cost of shipping and handling and applicable taxes. You may not make any set off against Theadora Elaine Jewelry (https://www.theadoraelainejewelry.com) claim for payment unless the amount set off is not disputed by Theadora Elaine Jewelry (https://www.theadoraelainejewelry.com) or has been the subject of a final and binding judgment against Theadora Elaine Jewelry (https://www.theadoraelainejewelry.com).
Delivery and Reservation of Title
The services/products ordered by you will be delivered to the address entered by you through a delivery service selected by Theadora Elaine Jewelry (https://www.theadoraelainejewelry.com). You agree that the products ordered and sent to you remain Theadora Elaine Jewelry (https://www.theadoraelainejewelry.com) property until Theadora Elaine Jewelry (https://www.theadoraelainejewelry.com) has received your full payment.
Upon receipt the order must be checked for accuracy and completeness. Please unpack and inspect your order as soon as possible after receiving. Any and all purchase claims must be communicated to nicole@theadoraelainejewelry.com within 5 business days.
Authorized Retailers and Products
Guarantee that you are purchasing authentic Theadora Elaine Jewelry services/products by purchasing services/products on the https://www.theadoraelainejewelry.com website. Report any possible fraudulent/knockoffs to nicole@theadoraelainejewelry.com.
Warranty
Theadora Elaine Jewelry warrants that Theadora Elaine Jewelry services/products purchased from the https://www.theadoraelainejewelry.com website are of merchantable quality and free from material or workmanship defects, provided they are subject to normal use. If you have an item needing repair, please email nicole@theadoraelainejewerly.com with a clear photo of the damaged piece and we will work with you to provide a solution. Theadora Elaine Jewelry will repair or may replace, in accordance with the provisions of this warranty policy, any Theadora Elaine Jewelry service/product during the duration of the warranty of one year, if it is determined that the product has a material or manufacturer defect.
This warranty does not cover damage to Theadora Elaine Jewelry services/products caused by accident, misuse and abuse, modification, attempted repair, negligence after purchase, ordinary wear and tear, and/or failure to follow the product’s “How to care for your jewelry,” which can be found on the menu bar of https://www.theadoraelainejewelry.com.
This warranty extends to the original purchaser of the Theadora Elaine Jewelry product and to subsequent owners of the product during the duration of the warranty (1 year). A copy of the original sales receipt from https://www.theadoraelainejewelry.com serves as proof of purchase of the service/product, and therefore all owners of the service/product should retain a copy of the receipt in case they have a claim under this warranty.
The Theadora Elaine Jewelry online shop found at https://www.theadoraelainejewelry.com offers a one-year warranty for Theadora Elaine Jewelry. ANY WARRANTY IMPLIED BY STATE LAW ON THIS PRODUCT IS ALSO LIMITED IN DURATION TO THE LENGTH OF THIS EXPRESS WARRANTY. Note that some states do not allow limitations on how long an implied warranty lasts. Accordingly, if you live in these states, the above limitation on implied warranties does not apply to you as you may have specific state’s rights with respect to warranty.
Initiate a claim under this warranty by contacting nicole@theadoraelainejewelry.com. You will need to mail your defective product in original packaging along with a copy of your receipt via UPS to Theadora Elaine Jewelry 24165 Ih-10 West, Ste 217406, San Antonio, TX 78257. Theadora Elaine Jewelry will complete the repair on your behalf at no cost to you and will mail back your jewelry at no cost to you.
Service/Product Warranty & Responsibility
Theadora Elaine Jewelry’s goal is to provide high quality products and services. Accordingly, we warrant the goods will meet their specification and will be free from defects in materials and workmanship at the time of delivery. Theadora Elaine Jewelry is not responsible for lost or damaged jewelry, after an on-line purchase delivery has been accepted.
Valid warranty claims for Theadora Elaine Jewelry purchased products/services will either be repaired for relevant defect or will be replaced. If for any reason Theadora Elaine Jewelry is not able to either repair or replace the purchased service/product within a reasonable time, then the customer will be entitled to a full refund when the product is returned promptly to Theadora Elaine Jewelry. Theadora Elaine Jewelry will pay for shipping costs of repaired or replaced products sent back to customers and customers are responsible for shipping costs when returning the defective product to Theadora Elaine Jewelry for repair or replacement.
Eligibility of this warranty is determined upon receipt and inspection of the service/product. If it is determined that there is a material or manufacturing defect, the repair specialist will establish the options for repair or replacement, based on (1) the availability of replacement parts/product, and (2) the feasibility of repair. If it is determined that the damage is not a material or manufacturer defect, then Theadora Elaine Jewelry allows you the option of having Theadora Elaine Jewelry repair your piece at a cost to you. In the case of substitution for jewelry only, it cannot be guaranteed that you will receive the same design, but you may instead receive a piece of equivalent value as determined by Theadora Elaine Jewelry. All current jewelry pieces are guaranteed a full repair service. For older jewelry pieces, this service is offered if the repair is feasible and if replacement parts are available. This repair service is offered by Theadora Elaine Jewelry upon request and is not free of charge. Repair charges will be based on the extent of damage and will be determined individually. Please insure the jewelry, as Theadora Elaine Jewelry cannot be held liable for damage occurring during transport. If the piece can be repaired, you will be informed of the cost beforehand; if it is irreparable, you will be informed and asked whether it should be returned. Allow 3-4 weeks for repair and return.
Resale
Products on https://www.theadoraelainejewelry.com website are intended for consumers only. We reserve the right to refuse or cancel any order if we believe it is being purchased for resale.
Shipping and Delivery
Theadora Elaine Jewelry orders are shipped every Wednesday and Saturday and all are shipped via standard UPS ground shipping (4-7 business days). Place order before 12:00 p.m. central time day before shipping day to have next day shipping. All orders are shipped to a customer’s UPS verifiable home address. Due to COVID-19, effective March 24, 2020, UPS has suspended their Service Guarantee for all shipments originating from the United States. Please email nicole@theadoraelainejewelry.com to discuss expedited shipping options. Unfortunately, we do not ship internationally at this time but hope to in the future.
Returns, Exchanges, Refunds, Cancel
We do not accept returns on earrings due to hygiene and safety standards. All other pieces of jewelry must be shipped back via UPS within 7 calendar days of receiving your package in order to receive a full refund. Mail any jewelry returns, along with your receipt, inside original packaging in a bubble mailer to 24165 Ih-10 West, Ste 217406, San Antonio, TX 78257. Refunds will only include the original price of the jewelry purchased and the sales tax. Please allow 4-14 business days from receiving your returned order for your refund to post to your account. Contact me at nicole@theadoraelainejewelry.com to receive a free return postage label.
Marked down items are not eligible for returns or exchanges and are considered Final Sale.
There is no option to cancel an order. Instead, you would need to ask for a refund on your order. Contact nicole@theadoraelainejewelry.com before item has shipped out in order to receive a full refund that includes shipping cost.
We currently do not accept exchanges at this time. Instead, you would need to ask for a refund on your order and then purchase the item you would like.
Out of Stock
At this time, we do not have restocking notifications.
The https://www.theadoraelainejewelry.com website information accuracy, completeness, and timeliness:
Theadora Elaine Jewelry is not responsible if information made available on the https://www.theadoraelainejewelry.com website is not accurate, complete or current. The material on the https://www.theadoraelainejewelry.com website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primarily, more accurate, more complete or more timely sources of information. Any reliance on the material on the https://www.theadoraelainejewelry.com website is at your own risk. The https://www.theadoraelainejewelry.com website may contain certain historical information. Historical information is not necessarily current and is provided for your reference only. We reserve the right to modify the content of the https://www.theadoraelainejewelry.com website at any time, but we have no obligation to update any information on the https://www.theadoraelainejewelry.com website. You agree that it is your responsibility to monitor changes to the https://www.theadoraelainejewelry.com website. Some items may appear slightly larger or smaller than actual size or the glimmer may appear different due to screen defaults, photography techniques, and lighting differences. Other items may be represented at a larger than actual size in order to clearly show details, or smaller than actual size in order to show the entire item.
Third Parties
Certain content, features, and functionality on the https://www.theadoraelainejewelry.com website may be owned and operated by third parties (collectively, “Third Party Providers”). Your use of and interaction with such content, features and functionality (collectively, “Third Party Content”) may be subject to separate terms and conditions. In that event, you acknowledge that these Terms will not apply to your use of the Third Party Content and that you will be subject to and comply with the terms of use offered by such Third Party Providers.
YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE OR OTHERWISE LIABLE FOR THIRD PARTY CONTENT OR THE ACTS OR OMISSIONS OF THIRD PARTY PROVIDERS AND THAT ANY CLAIMS OR OTHER CAUSES OF ACTION AVAILABLE TO YOU IN CONNECTION WITH EITHER OF THE FOREGOING WILL BE BROUGHT AGAINST THE APPLICABLE THIRD PARTY PROVIDER(S) AND NOT US.
Use of Content
All content on the https://www.theadoraelainejewelry.com website (including, but not limited to, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof), is the exclusive property of and owned by Theadora Elaine Jewelry, with the exception of photographs, which are on the Theadora Elaine Jewelry website/online store and are copyrighted and remain the intellectual property of Alison Rios Photography.
You may access, copy, download and print the material contained on the https://www.theadoraelainejewelry.com website for your personal and non-commercial use, provided you do not modify or delete any information that appears on the material you access, copy, download or print. Any other use of content on the https://www.theadoraelainejewelry.com website obtained from the https://www.theadoraelainejewelry.com website, or use of the https://www.theadoraelainejewelry.com website for purposes competitive to Theadora Elaine Jewelry, is expressly prohibited. You agree to abide by all additional restrictions displayed on the https://www.theadoraelainejewelry.com website as it may be updated from time to time. Theadora Elaine Jewelry reserves the right to refuse or cancel any person’s registration for the https://www.theadoraelainejewelry.com website, remove any person from the https://www.theadoraelainejewelry.com website or prohibit any person from using the https://www.theadoraelainejewelry.com website for any reason whatsoever. Theadora Elaine Jewelry retains full and complete title to the material provided on the https://www.theadoraelainejewelry.com website, including all associated intellectual property rights and provides this material to you under a license that is revocable at any time in Theadora Elaine Jewelry’s sole discretion. Theadora Elaine Jewelry neither warrants nor represents that your use of materials on the https://www.theadoraelainejewelry.com website will not infringe rights of third parties not affiliated with Theadora Elaine Jewelry.
You may not use contact information provided on the https://www.theadoraelainejewelry.com website for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the https://www.theadoraelainejewelry.com website or to surreptitiously intercept any system, data or personal information from the https://www.theadoraelainejewelry.com website. You agree not to interrupt or attempt to interrupt the operation of the https://www.theadoraelainejewelry.com website in any way. Theadora Elaine Jewelry reserves the right, in its sole discretion, to limit or terminate your access to or use of the https://www.theadoraelainejewelry.com website at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which Theadora Elaine Jewelry may be entitled at law or in equity.
Conduct On https://www.theadoraelainejewelry.com website
Some features on the https://www.theadoraelainejewelry.com website may require registration. By registering at and in consideration of your use of the https://www.theadoraelainejewelry.com website you agree to provide true, accurate, current and complete information about yourself.
Some features on the https://www.theadoraelainejewelry.com website may require the use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, notify Theadora Elaine Jewelry immediately. Theadora Elaine Jewelry may assume that you are responsible for any communications that Theadora Elaine Jewelry receives under your password, unless Theadora Elaine Jewelry receives written notice otherwise. You or third parties acting on your behalf are not allowed to frame the https://www.theadoraelainejewelry.com website or use our proprietary marks, such as meta tags, without our written consent. You may not use frames or utilize framing techniques or technology to enclose any content included on the https://www.theadoraelainejewelry.com website without Theadora Elaine Jewelry’s express written consent. Further, you may not utilize any of the https://www.theadoraelainejewelry.com website content in any meta tags or any other “hidden text” techniques or technologies without Theadora Elaine Jewelry’s express written consent.
External Links
https://www.theadoraelainejewelry.com may contain links to other websites, some of which are operated by Theadora Elaine Jewelry and others of which are operated by third parties. These links are provided as a convenience to you and as an additional way to provide access to the information contained therein. We have not necessarily reviewed all the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites. Theadora Elaine Jewelry is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites.
Website/Online Store Property
Logos and pictures displayed on https://www.theadoraelainejewelry.com belong to Theadora Elaine Jewelry or other third parties. They are the property of their respective owners. Nothing on https://www.theadoraelainejewelry.com shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any logo or service mark or photo displayed on https://www.theadoraelainejewelry.com without the owner’s prior written permission, except as otherwise described herein. Theadora Elaine Jewelry reserves all rights not expressly granted in and to the https://www.theadoraelainejewelry.com and its content. https://www.theadoraelainejewelry.com and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected.
Severability
If any provision of this agreement is determined to be unlawful, void or unenforceable, the remaining provisions of the agreement will continue to be fully valid, binding, and enforceable.
Effective Date
The Theadora Elaine Jewelry Terms are effective as of 10/06/2020 and will be updated every time there is a material change.
Copyright
Copyright © 2020 Theadora Elaine Jewelry
Privacy Policy
The link for https://www.theadoraelainejewelry.com private policy outlining how information collected from you will be used or not used can be found at https://www.theadoraelainejewelry.com/privacy-policy
Customer Support Contact Information
Please contact nicole@theadoraelainejewelry.com for all customer support and correspondence.