TERMS AND CONDITIONS
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE ("TERMS") CAREFULLY BEFORE YOU USE THE WWW.DENISE-JAMES.COM WEBSITE (THIS "SITE"). ALL USERS OF THIS SITE AGREE THAT ACCESS TO AND USE OF THIS SITE ARE SUBJECT TO THE TERMS AND OTHER APPLICABLE LAW. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU WILL NOT BE ALLOWED TO OPEN AN ACCOUNT AND PURCHASE PRODUCTS USING THIS SITE, AND WE REQUEST THAT YOU STOP USING OR ACCESSING THIS SITE. BY CLICKING THE "I ACCEPT" BUTTON AT THE END OF THESE TERMS, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, THAT YOU UNDERSTAND THEM, AND THAT YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS HEREIN, PLEASE CLICK THE "I DO NOT ACCEPT" BUTTON TO EXIT REGISTRATION.
THESE TERMS CONSTITUTE A CONTRACT BETWEEN YOU AND DENISE JAMES JEWELRY DESIGN LLC DBA DENISE JAMES, AND GOVERN YOUR ACCESS, USE, AND PURCHASE OF PRODUCTS FROM THIS SITE. AS USED HEREIN, "WE," "US," "OUR" AND "DENISE JAMES" SHALL MEAN DENISE JAMES JEWELRY DESIGN LLC; "YOU" AND "YOUR" SHALL MEAN THE INDIVIDUAL THAT ACCESSES AND USES THIS SITE, OPENS AN ACCOUNT, AND/OR PURCHASES PRODUCTS USING THIS SITE.
User Account
To open a user account, you must complete the registration process by providing Denise James with current, complete and accurate information as prompted by the registration form. In registering for your user account, you agree to submit accurate, current and complete information, and to promptly update such information. Should Denise James suspect that such information is untrue, inaccurate, not current or incomplete, Denise James has the right to suspend or terminate your access to this Site. Your user account cannot be shared or used by any one other than you.
Upon registration, you will receive an e-mail requiring you to confirm activation of your user account. You will be responsible for keeping your user name and password confidential. You will notify us immediately upon learning of any unauthorized use of your user name and password. Denise James cannot and will not protect you from the unauthorized use of your user name and password. You will be responsible for all activities and charges incurred through the use of your user name and password, and any claims, liabilities, damages, losses and costs (including reasonable attorneys' fees) resulting from the unauthorized use of your user name and password except for unauthorized use of your user name and password directly resulting from the gross negligence or willful misconduct of Denise James.
Information on this Site
Any and all data, including prices, may be inaccurately displayed on this Site due to system or typographical (human) error(s). While we make every attempt possible to avoid any errors, they may occur. We reserve the right to correct any and all errors when they do occur. We do not honor inaccurate or erroneous prices. If, due to an error, a product's listed price is lower than its actual price, we will contact you for instructions before shipping the product. Denise James also reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Denise James shall issue a credit to your credit card account in the amount of the incorrect price. Our prices are also subject to change, at any time, and without notice. We apologize for any inconvenience that this may cause. If you have any questions, please do not hesitate to contact us via the Contact Us page or call Monday-Friday 9am- 5pm MST at 800-251-6393. All prices are non-negotiable and are final.
We make every attempt to ensure that our website collection is up to date and accurate. In order to share with you the beautiful detail of our collection, some pieces may show larger or smaller than their actual size in our photographs. Please note that each piece may show differently in color, size and proportion based on your computer monitor specifications.
On this Site, we provide the measurements of our products based on our design specifications. Since each piece is handcrafted slight tolerances may be accounted for based on finishing during the crafting process by our highly skilled jewelers.
Product Availability and Pricing
The One-Of-A-Kind Collection features gemstone original designs that are all unique creations. Due to this, these pieces are available for purchase over the phone assuming the piece is still available. Please contact us Monday – Friday 9am-5pm MST at 800-251-6393 or via e-mail at customerservice@denise-james.com.
The Shop Online Gallery features our gold and silver collections. Most of these designs are available. However, some pieces will be made to order and thus the lead time varies. Please review the order notes for any special lead times. Please note that each piece is made individually with the diamonds hand set. Therefore, for unforeseen reasons the lead time may change. We will do our best to keep you informed of the completion date.
General Use Provisions
All materials provided on this Site including information, text, graphics, designs, documents, logos, sounds, images, multimedia content or any other materials you may see or read on this Site and all related source code and object code (collectively, the "Materials") are provided either by Denise James or by its respective third party licensors ("Third Party Providers") and are the proprietary property and copyrighted work of Denise James and/or its Third Party Providers, as applicable. Third Party Providers are intended third party beneficiaries of this Agreement and may enforce the terms of this Agreement against you.
Subject to the terms and conditions herein, Denise James hereby grants you a limited, personal, non-sublicensable, non-transferable, non-exclusive license ("License") to access and use this Site for your informational, non-commercial and personal use. You agree not to: (a) modify or alter any part of the Site, or the Materials, (b) attempt to gain unauthorized access to the Site, other users' accounts or account information, or other computer systems, servers or networks connected to this Site or any portion thereof, (c) upload commercial content on this Site or use this Site to solicit others to join or become members of any other commercial online service or other organization, (d) upload, post, e-mail or otherwise transmit any data to the Site that (i) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, (ii) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, (iii) you do not have a right to transmit under any law or under contractual or fiduciary relationships, or (iv) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, (e) use this Site to harm minors in any way, (f) impersonate any person or entity, including a Denise James official, or otherwise misrepresent your affiliation with a person or entity, (g) interfere with or disrupt this Site or servers or networks connected to this Site, or disobey the requirements, procedures, policies or regulations of networks connected to this Site, (h) collect or copy any product listings or products from this Site, (i) intentionally or unintentionally violate any applicable local, state, national or international law, (j) provide inaccurate, incomplete, outdated or misleading registration information, or (k) use automated means, including spiders, robots, crawlers, data mining tools, or similar data gathering methods to download data from this Site or otherwise access this Site.
Except as otherwise provided, or pursuant to a separate written agreement between Denise James and you, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted, transferred, assigned or transmitted in any form or by any means, including, electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of Denise James or the appropriate Third Party Provider. Except where expressly provided otherwise by Denise James, nothing on this Site shall be construed to confer any license to any of Denise James' or any Third Party Provider's intellectual property rights, whether by estoppel, implication or otherwise. Denise James reserves the right in its sole and absolute discretion to terminate your right to use this Site at any time.
Privacy Policy
Please review our Privacy Policy to understand how we collect and use personally identifiable information from our users.
User Submissions
Any materials, messages or data that you send to Denise James using this Site ("User Materials") shall become the sole property of Denise James, and we shall not be limited in any way in our use, promotional, commercial, or otherwise, of such User Materials. Denise James reserves the right to block or remove any User Materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property right of another, or (d) offensive or otherwise unacceptable to Denise James in its sole discretion.
Third-Party Links
In an attempt to provide increased value to our visitors, Denise James may link to sites operated by third parties. However, even if the third party is affiliated with Denise James, Denise James has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Denise James. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Denise James seeks to protect the integrity of this Site and the links placed upon it and therefore requests any feedback on not only this Site, but for sites it links to as well (including if a specific link does not work).
Quality and Craftsmanship
At Denise James we stand behind the quality and craftsmanship of our products. We will work with you to resolve any issues regarding the quality and craftsmanship of our products. However, Denise James is not responsible for any damage to products caused through your neglect or actions or the neglect or actions of any third party.
If you have any questions or concerns with a product you just received, please contact us via e-mail at customerservice@denise-james.com or call us at 800-251-6393 Monday-Friday 9am-5pm MST.
Returns & Exchanges
If you are not satisfied with your purchase, you may return the item(s) for a full refund or exchange within 14 days after the arrival date of your order. Each item must be returned in the same condition as it was received, unworn and undamaged. We cannot accept it otherwise. To return your item(s), you must call 800-251-6393 for shipping details. You are responsible for all return shipping charges including insurance. All returned products must be sent insured for the full purchase price of such product(s) via UPS or FedEx with signature required. Once Denise James has received your return we will process your refund less your initial shipping charges, provided that the returned product is in the same condition as it was when it was delivered to you.
Special Orders and Phone Orders
Special order items cannot be refunded unless there is an error on behalf of Denise James. If there is an error, we will correct the order by receiving the item(s) back at our expense. To return your special order item(s), you must call 800-251-6393 for shipping details. Product orders may also be made over the phone. You may contact our representative at 800-251-6393 Monday-Friday 9am-5pm MST to place a phone order.
Sales Tax
Denise James is sold in two affiliated stores located in McCall, ID and Malibu, CA. Your order will be charged and shipped from one of these two locations. We are required to collect sales tax for items purchased and delivered within Idaho and California. We do not collect sales tax for items that are purchased and shipped outside of these states. However, if sales, excise or use tax apply in your state, it is your responsibility to contact your local tax authority and inquire about the possible tax liabilities.
Payment Methods
For your convenience, we offer the following payment methods:
* Credit cards: Visa, MasterCard, Discover and American Express.
Shipping
We offer insured shipping via UPS. To help ensure successful delivery of your order, we require an authorized adult to sign for the delivery. Please note that our insurance coverage ends when the package is delivered to you. For your protection, make sure you do not have a signature release on file with the UPS. If you do, your package may be left at your doorstep, marked delivered by the courier, and will not be insured against loss or theft.
Ring Sizing
To ensure that you order the correct ring size, we recommend that you determine the right size for your product order. We find the following link to be helpful. http://www.jewelrylist.com/sizer.pdf. You are responsible for determining the correct ring size for your product order.
DISCLAIMER OF WARRANTY
EXCEPT AS OTHERWISE PROVIDED, THIS SITE AND THE MATERIALS AND PRODUCTS ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. DENISE JAMES DOES NOT PROVIDE CERTIFICATIONS FOR ITS GEM STONES. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DENISE JAMES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DENISE JAMES DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THIS SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DENISE JAMES DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
DENISE JAMES SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE OR YOUR PURCHASE OR RETURN OF PRODUCTS, EVEN IF DENISE JAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. WITHOUT DIMINISHING THE GENERALITY OF THE FOREGOING, IN NO CASE SHALL DENISE JAMES' LIABILITY TO YOU UNDER ANY CAUSE OF ACTION EXCEED THE TOTAL AMOUNT THAT YOU PAID TO DENISE JAMES FOR THE PRODUCT GIVING RISE TO YOUR CLAIM.
Indemnification
You agree to indemnify, defend, and hold harmless Denise James and its officers, managers, members, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms, your conduct, or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing this Site using your account.
Miscellaneous
Your use of this Site shall be governed in all respects by the laws of the State of Idaho, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site (including but not limited to the purchase of Denise James products) shall be in the state or federal courts located in Idaho. Any cause of action or claim you may have with respect to this Site (including but not limited to the purchase of Denise James products) must be commenced within one (1) year after the date the claim or cause of action arose, it being understood that it is the parties' express intent to limit the applicable statute of limitations during which a claim against Denise James may be brought. Denise James' failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms. Denise James may assign its rights and duties under this Agreement to any party at any time without notice to you. You may not assign or otherwise transfer in whole or in part or in any manner any rights, obligations, or any interest in or under these Terms without our prior written consent and any attempted assignment will be void. These Terms along with the Privacy Policy represent the entire understanding relating to your use of this Site (including but not limited to the purchase of Denise James products) and prevail over any prior or contemporaneous, conflicting or additional communications, including statements on this Site. Denise James may deliver notice to you by means of e-mail, a general notice on this Site, or by other reliable method to the address you have provided to Denise James.
Modification and Notice
Denise James may modify these Terms and any other policies on this Site at any time by posting the modified Terms or policies on this Site. Any change or modification will be effective immediately upon posting and your continued use of this Site following any such changes or modifications will constitute your acceptance of such changes or modifications.
Intellectual Property Notices
You hereby acknowledge the following proprietary notices and legends: elements of this Site are protected by copyright, trademark and other intellectual and industrial property law and may not be copied or imitated in whole or in part except as provided in this Agreement. No logo, graphic, sound or image from this Site may be copied or retransmitted unless expressly permitted by Denise James. Denise James, the Denise James logo, and/or other Denise James brand names for products referenced herein are trademarks of Denise James and may be registered in certain jurisdictions.
PRIVACY POLICY
Effective February 13, 2012
OVERVIEW
At Denise James LLC ("Denise James") your privacy is very important to us. We do not sell, rent, or share your personal information to or with third parties without your explicit consent. Please read this privacy policy to learn more about what types of information we gather about you, how we use it, and how to correct or change it.
SCOPE OF POLICY
This privacy policy applies to Denise James. It does not apply to other companies’ or organizations’ web sites to which we link. You should carefully review the privacy policies of those web sites in order to determine how they treat your personal information.
INFORMATION GATHERED FROM ALL VISITORS
Aggregate Data:
We gather certain generic information with respect to customers’ use of our web site, such as the number of unique visitors, the frequency with which they visit, and the areas on the web site that they favor. We only use this type of data in aggregate, that is we look at the data on a collective basis, in summary form, rather than on an individual basis. This data helps us to provide services and features that most likely meet your needs, and to customize our web site to make your experience easier and more enjoyable. We may also provide statistical “ratings” about how our customers collectively use our web site to advertisers, sponsors, and other companies with which we do business. These statistical ratings do not contain any personally identifiable information about you or any of our users.
We may automatically track certain information about you based upon your behavior on our site. We use this information to do internal research on our users’ demographics, interests, and behavior to better understand, protect and serve our users. This information is compiled and analyzed on an aggregated basis.
Cookies:
We use a technology nicknamed “cookies” on our web site. Cookies are pieces of information or data sent to your browser from a web server and stored on your computer’s hard drive for record-keeping purposes. Cookies may be set upon your browser during site visits to save your site cus¬tomization preferences and to save your passwords so you do not have to re-enter passwords upon each site visit. Cookies help you navigate our web site, and help us customize our web site to pro¬vide personal service. We also use cookies to track user sessions and to gather site usage statistics.
IP Addresses:
We collect and analyze traffic on our web site by keeping track of the IP addresses of our visitors. IP addresses are unique numeric identifiers that are assigned to each computer browser accessing the Internet. An IP address, by itself, cannot identify you personally. However, when combined with other information provided by your Internet Service Provider (ISP), your IP address can be used to identify the computer originating a message.
Surveys:
From time to time, we may conduct surveys or solicit your feedback. These surveys are used to gather information to improve our site and provide a more meaningful experience for our users. We may also use the information to alert you to offers and products in which you have expressed an interest.
COMMUNICATIONS
Denise James reserves the right to communicate with you from time to time about important administrative, policy, legal, credit card, and billing matters, which will affect your use of our web site, including any alleged violations of our Terms and Conditions of Use. If you are an account holder, you will automatically receive the following e-mails unless you choose to not receive them by going to the “Account Login” page or by following the instructions at the bottom of each e-mail message on how to unsubscribe: (i) to contact you for feedback and surveys; or (ii) to send you relevant company or service-related information.
USE OF INFORMATION GATHERED FROM CUSTOMERS
If you elect to open a user account, you will be required to provide us with certain personal information, including your name, e-mail address, phone number, credit card number, expiration date, and billing address (this required information is subject to change from time to time). Credit card information and billing addresses are shared with others to the extent necessary to process credit card charges and process your order. There may also be opportunities for you to provide us with additional information regarding your preferences and interests. This information, however, is not required and is completely optional on your part.
In general, we will only use the information you provide to us for the purpose for which such infor¬mation was provided, such as communications, billing and processing your product order. We also use such information to deliver to you information about Denise James and our promotions. Users may opt-out of receiving future mailings from us by following the instructions set forth below. We also use information for trend analysis, pattern detection, and site administration.
DISCLOSURE EXCEPTIONS
Notwithstanding the above policies, we reserve the right to disclose your personal information to appropriate third parties if we are required to do so by law: (i) to comply with legal process such as a search warrant, subpoena, or court order; (ii) to protect the company’s rights and property; (iii) to investigate reports of users sending material using a false e-mail address or users sending harassing, threatening, or abusive messages; (iv) to protect against misuse or unauthorized use of our web site and/or the Denise James service; or (v) during emergencies, such as when we believe someone’s physical safety is at risk.
YOUR CONTROL OVER YOUR PERSONAL INFORMATION
Every communication Denise James sends you will contain a clearly worded “Opt-Out” or “Unsubscribe” link allowing you to withdraw your permission for future mailings. Permission changes will be honored as soon as possible after receipt. Please allow five to seven days for processing. Permission changes will however not affect any information that you provided to us.
Editing Your Profile:
If you are a registered user, you have the ability to review, correct, and change choices you have previously made as to the use of your personal information. Simply sign into the site and click the “My Account” link on the header of every page. There, you can change your personal and address information, sign-in, and e-mail preferences.
OTHER MATTERS
Privacy of Children- COPPA Compliance:
Our site is not directed to children under the age of 13. We assume products purchased through credit card means are purchased by adults or minors supervised by a parent or guardian. We operate our site in compliance with the Children’s Online Privacy Protection Act and do not permit registration by, and will not knowingly collect or use personally identifiable information from, anyone under 13 years of age.
California Residents:
California Civil Code Section 1798.83 permits visitors to web sites who are residents of California to request information regarding the web site owner's disclosure of their personal information to third parties for direct marketing purposes. It is our policy not to disclose your personal information to third parties for direct marketing purposes.
Changes to the Privacy Policy:
Modifications to our privacy policy will be reflected first within this area of our web site. If there is a material change in our privacy policy, we will indicate on our site that our policy has changed and provide a link to the new/revised privacy statement.
ACCEPTANCE OF PRIVACY POLICY
Your use of our web site, including any dispute concerning privacy, is subject to this privacy policy and the web site Terms and Conditions of Use. BY USING OUR WEB SITE, YOU ARE ACCEPTING THE PRACTICES SET OUT IN THIS PRIVACY POLICY AND OUR TERMS AND CONDITIONS OF USE. We reserve the right to modify this privacy policy at any time by posting the changes on this page. Please check the effective date at the top of this page to determine if the policy has been modified since you last reviewed it. Your continued use of any portion of our web site following posting of the updated privacy policy will constitute your acceptance of the changes.
