General terms and conditions of sale to consumers.
PLEASE READ THESE TERMS AND CONDITIONS OF SALE CAREFULLY BEFORE MAKING YOUR DECISION TO PURCHASE.
This Website is intended only for consumers wishing to order JennyGems products (Products) (JennyGems is a division of JDJS, LLC) online for delivery in the contiguous United States of America. JDJS does not accept orders for delivery outside the contiguous United States of America. The terms and conditions under which the Products are offered for sale on this Website are set out below. By ticking the I have read and agree box on the order form and submitting the order, you accept and agree to be bound by these terms and conditions. JDJS reserves the right to change these terms and conditions at any time without prior notice. Such changes however will have no effect on orders that were submitted before posting of such revised terms and conditions on this Website.
- Placing Your Order
2.1. To place an order you must be 18 years of age or over, be accessible by telephone and have a valid email address.
2.2. You may place an order by:
2.2.1. Filling in the order form on the Website after logging into or creating your personal account and clicking on the appropriate submission button.
JDJS will not accept orders placed in any way other than listed above.
2.3. When you place your order, JDJS will issue you with an Order Number via the Website. Please note the Order Number is supplied for reference purposes only and does not constitute our acceptance of your order.
2.4. By placing an order, you make an offer to us to purchase the Products you have selected on these terms and conditions. JDJS may or may not accept your offer at our discretion or may reduce the number of Products we accept to deliver to you. However, orders submitted by you are binding on you and cannot be cancelled after order submission.
2.5. If JDJS accepts your order, JDJS will notify you of our acceptance by issuing an order confirmation. JDJS will send your order confirmation to you by e-mail and this will be effective as of the date on which the order confirmation is sent to you. If JDJS cannot accept your order, JDJS will attempt to contact you by email or telephone.
2.6. Please note that the on-screen display of the colors, designs, products may differ from the actual appearance or size of products offered on the Website.
- Supply of Your Products
Subject to these terms and conditions, JDJS will supply to you the Products indicated on your order confirmation.
4.1. All prices are in US dollars. Prices shall be those prices published on this Website at the time you submit your order. The prices published on the Website are exclusive of sales taxes, recycling fee, shipping and handling costs and duties, which are for your account. These costs will be calculated separately as applicable and specified on the order form then added to the total price of the order. The total price stated on the order form you submit shall be the total amount payable by you for the products including all taxes, recycling fee, duties, handling and shipping charges.
4.2. No intra-community purchases can be made via the Website.
4.3. Delivery costs, where applicable, are payable by you as indicated on your invoice.
- Paying for Your Products
5.1. You may pay for your Products by the methods of payment displayed on the payment paragraph of the Website.
5.2. You must pay in the currency as indicated on your invoice.
5.3. If you are paying by credit card, then you must supply your credit card details when you place your Order. Your credit card will be charged when we issue your invoice or at the time of shipment of your Products. JDJS will not commence the manufacture of your Products neither will JDJS supply the Products to you nor perform the services until your credit card issuer has authorized the use of your card for payment of the Products and/or services ordered. If JDJS does not receive such authorization JDJS shall inform you accordingly. JDJS reserves the right to verify the identity of the credit card holder by requesting appropriate documentation.
- Delivery of Your Products
6.1. Orders placed on this site can only be delivered in the contiguous United States of America.
6.2. JDJS will deliver the Products to the delivery address you specified in the order form and in accordance with the delivery option you chose. In the event you order various Products to be delivered to different addresses, you will need to submit a separate order form for each delivery address. Any delivery or shipment dates given by JDJS are best estimates only and JDJS shall not be liable for any loss, damage, costs or expenses for failure to deliver in accordance with the delivery or shipment dates given. In the event any of the Products ordered is out of stock, this may mean the whole order is delayed. If so, an estimate of the delay will be given by e-mail but delivery shall in any case be made within thirty (30) days as of the date indicated on the order confirmation by JDJS.
6.3. Title to and risk of loss of your Products will pass to you on delivery of the Products
6.4. When Products have been delivered to the carrier JDJS will send you a confirmation of shipment by e-mail provided you have indicated an e-mail address on the order form.
- Exchanges, Returns and Refunds
7.1. You may return the Product to JDJS or cancel the entitlement to services and obtain a refund of the price of the returned Product (except gift wrapping costs and any such other charges) or service entitlement, provided you contact JDJS within thirty (30) calendar days of the date of delivery of the Product. Return delivery is free of charge with FedEx.
If a product is sold as part of a product combination (bundle) in which other products are offered for free or at a discount compared to their normal price, the bundled product must at JDJS request be returned with the product purchased. JDJS reserves the right to raise an invoice in respect of any free or discounted bundle product not so returned.
Please note that you may not return a Product and claim a refund if the Product concerned is:
- a) software which JDJS supplied to you sealed and unused and you have broken the seal or which you have successfully downloaded from the Website; or
- b) A personalized and/or customized product made in accordance with your specifications. You may not obtain a refund for a service if you have commenced use of a/the service.
7.1.1. If a Product was supplied in error, is incomplete or faulty and you believe that you are entitled to a replacement or repair in accordance with paragraph 8 below, please contact Jennifer@jennygems.com. In the event that you are entitled to a replacement or repair in accordance with paragraph 8 below, the transportation charges referred to in paragraph 7.1 will not be applied.
7.1.2. If you have received the ordered Product(s) and have simply changed your mind about purchasing it, you may return the Product(s) or entitlement to Service, to JDJS for a refund, subject to the payment of the transportation charges and provided:
- You inform JDJS of your decision to cancel the contract within thirty (30) calendar days of the date of delivery of the Product or the date you purchased the services; and
- The Product(s) are returned in their original condition;
- The Product(s) are returned in accordance with paragraph 7.2 below. Please note that while the Product(s) remain in your possession you are under a duty to ensure that the Product(s) are kept safe and secure
7.2. Steps to Follow to Claim a Refund:
(i) Please contact Jennifer@jennygems.com to make arrangements for your return. You will then be provided with an RMA (Return Material Authorization) number.
(ii) JDJS will subsequently arrange for the Product(s) to be collected by its nominated carrier. Depending on which carrier it is, you will either be asked to contact them, or in the case of larger items you will be called to arrange a collection time
(iii) Before returning any Product(s) please check that you have:
- Received a RMA number from JDJS (issued on request);
- Enclosed all accessories, in box warranties and other material supplied unless informed otherwise;
- Used all packaging that was originally supplied;
- Clearly displayed the returns address and the RMA number;
- Sealed the packaging securely.
(iv) Following these steps will help ensure the Product(s) arrive at the correct destination and in good condition within a timely fashion. Please note that your failure to follow this procedure may result in the returned Product(s) being rejected upon receipt and you may forfeit your right to a refund.
(v) Please note that JDJS reserves the right to reject any Product(s) that are not returned in accordance with the provisions set out above and particularly within paragraphs 7.1.2 and 7.2.
8.1. Product Warranty
9.1 No Warranties
EXCEPT WHERE PROHIBITED BY LAW, JDJS EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND GUARANTEES OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW. THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS BASIS. Without limiting the foregoing, you understand that, to the maximum extent permitted by applicable law, we make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any of the Products or any Content. To the maximum extent permitted by applicable law, we do not warrant that (i) the Products will meet your requirements,Any oral or written advice provided by our agents or us does not and will not create any warranty. To the maximum extent permitted by applicable law, we also make no representations or warranties of any kind with respect to Content; User-Generated Content, in particular, is provided by and is solely the responsibility of the customers providing that Content. No advice or information, whether oral or written, obtained from other customers or through the Services, will create any warranty not expressly made herein. You therefore expressly acknowledge and agree that use of the products are at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you.
For third party products sold on the JDJS website all warranty claims, where relevant, are to be made in accordance with the terms and conditions of any standard manufacturer’s warranty which may be included with the Products purchased. In relation to any existing manufacturer’s warranty, any warranty claims should first be made either directly to the manufacturer or to JDJS by phone.
8.3. IF YOU ARE A CONSUMER, THE WARRANTIES REFERRED TO ABOVE ARE IN ADDITION TO AND DO NOT AFFECT YOUR STATUTORY RIGHTS.
- JDJS Liability
9.1 Liability limitation
To the maximum extent permitted by applicable law, under no circumstances (including, without limitation, negligence) shall JDJS be liable to you or any third party for (a) any indirect, incidental, special, reliance, exemplary, punitive, or consequential damages of any kind whatsoever; (b) loss of profits, revenue, data, use, goodwill, or other intangible losses; (c) damages relating to your use of our products; (d) damages relating to any conduct or content of any third party or customer using the product or website, including without limitation, defamatory, offensive or illegal conduct or content; and/or (e) damages in any manner relating to any Third-Party Content, Third-party Products or Third-Party Activities accessed via the Services. To the maximum extent permitted by applicable law, this limitation applies to all claims, whether based on warranty, contract, tort, or any other legal theory, whether or not JDJS has been informed of the possibility of such damage, and further where a remedy set forth herein is found to have failed its essential purpose. To the maximum extent permitted by applicable law, the total liability of JDJS, for any claim under these Terms, including for any implied warranties, is limited to the greater of one thousand dollars (us $1,000.00) or the amount you paid us to use the applicable Service(s) in the past twelve months.
In particular, to the extent permitted by applicable law, we are not liable for any claims arising out of (a) your use of the Services (including but not limited to your participation in any activities promoted by or accessed via the Services), (b) the use, disclosure, display, or maintenance of an customer’s Personal Data and/or Location Data, (c) any other interactions with us or any other customers using the Services, even if we have been advised of the possibility of such damages, or (d) other Content, information, services or goods received through or advertised on the Services or received through any links provided with the Services.
To the extent permitted by applicable law, you acknowledge and agree that we offer the Services and set the Services’ prices in reliance upon the warranty disclaimers, releases, and limitations of liability set forth in the Terms. To the extent permitted by applicable law, you also acknowledge and agree that these warranty disclaimers, releases, and limitations of liability reflect a reasonable and fair allocation of risk between you and us and that these warranty disclaimers, releases, and limitations of liability form an essential basis of the bargain between you and us. We would not be able to provide the Services to you on an economically reasonable basis without these warranty disclaimers, releases, and limitations of liability.
If you are a resident of California: You waive your rights with respect to California Civil Code Section 1542, which says “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
- Contacting JDJS Online Store
You can contact JDJS Online Store:
- By email at Jennifer@jennygems.com
- Data Protection
Circumstances beyond JDJS reasonable control
JDJS will make every effort to perform JDJS obligations under the contract. However, JDJS cannot be held responsible for delays or failure to perform if such delay or failure is caused by any circumstances beyond our reasonable control. In the event of a delay, JDJS will perform our obligations as soon as reasonably possible.
Disagreements, Governing Law and Jurisdiction
To the maximum extent permitted by applicable law, you and JDJS agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Except where prohibited, you and we agree to submit to the personal and exclusive arbitration of disputes relating to your general use of the Services under the rules of the American Arbitration Association. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Please visit www.adr.org for more information about arbitration. You and JDJS agree that the governing law will be the law of the State of Delaware.
Any arbitration between you and us, to the extent necessary, will be conducted in Wilmington, Delaware, and you waive any right to claim that such location is an inconvenient forum. You agree not to sue us or bring arbitration in any other forum.
The arbitration will be conducted in English. A single independent and impartial arbitrator will be appointed pursuant to the rules of the American Arbitration Association. Both you and we agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens for everyone involved:
- the arbitration will be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration;
- the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and
- any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Barring extraordinary circumstances, the arbitrator will issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings will be closed to the public and confidential and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator will be in writing and will include a statement describing the reasons for the disposition of any claim.
You also acknowledge and understand that, with respect to any dispute with us arising out of or relating to your use of the Services:
- You are giving up your right to have a trial by jury;
- You are giving up your right to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit involving any such dispute; and
- You must file any claim within one (1) year after such claim arose or it is forever barred.
If this arbitration provision is found to be null and void, then all disputes arising under the Terms between us will be subject to the jurisdiction of the state and federal courts located in Wilmington, Delaware, and you and we hereby submit to the personal jurisdiction and venue of these courts.
This agreement to arbitrate will not preclude you or JDJS from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this agreement to arbitrate will not preclude you or JDJS from (i) applying to the appropriate court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary, or (ii) seeking relief in any state or federal court for disputes related to a violation or possible violation of JDJS’s intellectual property rights.
In the event of any litigation or arbitration arising from or related to these Terms, or the Services provided, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred including staff time, court costs, attorneys’ fees, and all other related expenses incurred in such litigation or arbitration.
14.1. Neither JDJS failure nor your failure to enforce any term of the contract constitutes a waiver of such term. Such failure shall in no way affect the right later to enforce such term.
14.2. The invalidity or unenforceability of any provision of the contract shall not adversely affect the validity or enforceability of the remaining provisions.
- Special terms for customization/personalization
15.1. Order and acceptance customized products
While JDJS honors most designs, JDJS cannot honor all of them. Some may contain among other things trademarks of third parties that you (or JDJS) do not have the right to use. Others may contain material that we consider inappropriate or simply do not want to place on our Products. Unfortunately, at times this means that JDJS may decline your order that may otherwise seem unobjectionable. If your design is, in our sole opinion, unacceptable, your order may be immediately rejected or your purchase will be cancelled at a later stage if so, you will be notified by e-mail and JDJS reserves the right to cancel the applicable order confirmation.
15.2. Content Restrictions
You agree not to use the Website or service:
- To upload, order for print, or otherwise transmit or communicate any material for any unlawful purpose or that is obscene, offensive, blasphemous, pornographic, sexually suggestive, deceptive, threatening, menacing, abusive, harmful, an invasion of privacy, supportive of unlawful action, defamatory, libelous, vulgar, violent, or otherwise objectionable
- To upload, order for print, or otherwise transmit or communicate any material that depicts celebrities or celebrity likenesses, regional, national or international leaders or politicians, current or former world leaders, convicted criminals, newsworthy, notorious or infamous images and individuals, or any material that is vintage in appearance or depicts images from an older era;
- To upload, order for print, or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trademark, patent or other intellectual property right or any moral right of any party;
- To upload or otherwise transmit any material which is likely to cause harm to this Website or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to this Website or which may cause any defect, error, malfunction or corruption to the service; and
- You agree that if JDJS, in its sole discretion, determines that any material you submit may not meet these content requirements, JDJS shall reject your order. JDJS reserves the right to charge a processing fee of $15 for each design that you submit as an order which violates our content restrictions.
In addition, in the event you violate one of these Content Restrictions and you intentionally publicize such violation, you acknowledge that JDJS will suffer substantial damage to its reputation and goodwill and that you can be liable for causing such substantial damage.
Your design or personalization of the Product (and/or the color combination) shall be created by yourself, or, to the extent this is not the case, you hereby guarantee that you are authorized to use the design or the personalization created by a third party.
Please understand that although JDJS reserves the right to decline your design or personalization, you are solely responsible for your design and personalization, and JDJS has no obligation to review your design or personalization.
By submitting your order, including your design and personalization, to JDJS, you hereby grant JDJS a non-exclusive, perpetual, royalty-free license to use your design and personalization in the widest sense of the word, including but not limited to, copying, editing, modifying, digitizing or reproducing, to fulfill your request of creating and delivering a personalized product.
Additional Disclosure for California residents regarding both wooden box and flat signs sold on this site. Manufacture Date: 7/2016 Statement of Compliance: These finished goods are compliant with California section 93120 Phase 2 for formaldehyde.