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Terms & Conditions
SheibanJewelers.com Terms and Conditions
LAST UPDATED: MARCH 2, 2018
Welcome to www.SheibanJewelers.com (the “Site”). The Site is owned and operated by Sheiban Jewelers, Inc. (“Sheiban Jewelers”, “we”, “us” or “our”). Sheiban Jewelers provides this Site and/or all services to you subject to the Terms and Conditions included in this Agreement and our customer service pages (“Terms”), which we have prepared to help make your shopping experience with us as enjoyable and easy as possible. Please read them carefully. BY VISITING OUR SITE, USING OUR SITE, AND/OR USING OUR SERVICES, YOU EXPRESSLY AGREE TO THE TERMS, AND THE TERMS APPLY TO ALL USERS OF THE SITE, VISITORS OF THE SITE, AND PRODUCTS OR SERVICES AVAILABLE ON THE SITE.
The Terms govern your visitation and use of the Site and any purchase from the Site. The Terms constitute an Agreement between you and Sheiban Jewelers. Sheiban Jewelers reserves the right to change or modify any of the Terms or any policy or guideline of the Site at any time, and in our sole discretion. Any change or modification will be effective immediately upon posting of the revisions on the Site. Your continued use of the Site following the posting of changes or modifications will constitute your acceptance of such changes or modifications. It is your duty to review the Terms, from time-to-time and prior to each use or visitation of the Site, to understand the Terms that apply to your use of the Site. Your use of the Site is your express consent to be bound by the Terms of the Site.
DisclaimerTHE SITE, THE PERFORMANCE OF THE SITE, AND ALL MATERIALS ACCESSED FROM OR AVAILABLE ON THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SHEIBAN JEWELERS HAS USED REASONABLE COMMERCIAL EFFORTS TO PROVIDE YOU WITH ACCURATE INFORMATION AND MATERIALS ON OUR SITE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY OF THE INFORMATION OR MATERIALS ACCESSED FROM OR AVAILABLE ON THIS SITE. SHEIBAN JEWELERS DISCLAIMS ALL LIABILITY RELATING TO THE USE OR INTERPRETATION OF ANY INFORMATION OR MATERIALS ACCESSED FROM OR AVAILABLE ON THE SITE, AND DECISIONS THAT ARE MADE BASED ON ANY SUCH INFORMATION OR MATERIALS ARE THE RESPONSIBILITY OF THE INDIVIDUAL. IN NO EVENT WILL SHEIBAN JEWELERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM THE USE OR THE PERFORMANCE OF THIS SITE, HOWEVER ARISING, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SHEIBAN JEWELERS DOES NOT ENDORSE ANY USER GENERATED OR THIRD-PARTY CONTENT, WEB SITES, OR INFORMATION. SHEIBAN JEWELERS EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH ANY SUCH CONTENT OR INFORMATION, AND FOR THE ACCURACY, USEFULNESS, SAFETY, OR INTELLECTUAL PROPERTY RIGHTS USED OR INFRINGED UPON IN ANY SUCH CONTENT OR INFORMATION. SHEIBAN JEWELERS IS NOT RESPONSIBLE FOR THE INACCURACY, OFFENSIVENESS, INDECENCY, OR OBJECTIONABILITY OF ANY THIRD-PARTY CONTENT, WEB SITES, OR INFORMATION POSTED OR FOUND ON THE SITE.
Ownership and CopyrightThe Site is owned and operated by Sheiban Jewelers. Unless otherwise noted, all design and content included on this Site, including text, graphics, logos, icons, images, artwork, audio and video clips, and software is the property of Sheiban Jewelers (or is used under license to Sheiban Jewelers) and is protected by United States copyright laws.
Sheiban Jewelers, SheibanJewelers.com, and other marks indicated on the Site are trademarks and/or service marks of Sheiban Jewelers or used under license granted to Sheiban Jewelers. Other graphics, logos, headers, icons, scripts, and service names are also trademarks or trade dress of Sheiban Jewelers. Sheiban Jewelers’ trademarks, service marks, and trade dress may not be used in connection with any product or service by you, in any manner that is likely to cause confusion of customers or potential customers, or in any manner that harms or discredits Sheiban Jewelers. All other trademarks related to the products sold on this Site are the sole property of their respective owners. Nothing on this Site or in the Terms should be construed as any license or right to use any trademarks or service marks displayed on the Site without the express written permission of Sheiban Jewelers, the trademark owner, or the service mark owner. You agree not to encourage, assist, authorize, or take part in the use, copying, modification, reverse engineering, decompiling, disassembling, tampering, or creation of derivatives of any portion of the Site. The names "SheibanJewelers.com" or "Sheiban Jewelers" and any logos of Sheiban Jewelers may not be used for any purpose without Sheiban Jewelers’ prior written consent. Sheiban Jewelers’ logos may not be used as a "hot" link to any other web site without Sheiban Jewelers’ prior written consent.
Users of this Site are required to honor the protection given to data copyright laws and trademark laws. We will, in appropriate circumstances and at our sole discretion, terminate use of this Site by any visitors who infringe on the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Sheiban Jewelers has adopted a policy of terminating and barring, in appropriate circumstances and at Sheiban Jewelers’ sole discretion, site users or account holders who are deemed to be repeat infringers. Sheiban Jewelers may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe upon any intellectual property rights of others, whether or not there is any repeat infringement.
By submitting your information to Sheiban Jewelers, you are defaulted to an opt-in which will apply for all email communications with Sheiban Jewelers, including administration, marketing, event planning, email discussion lists, and other uses as described on the Sites.
You can view and change your opt-in status at any time from your account on SheibanJewelers.com, but always have the opportunity to opt-out via a link in the footer of all non-transactional email messages sent by SheibanJewelers.com. Alternatively, you can email us at firstname.lastname@example.org. Some communications (e.g., important account notifications and billing information) are considered transactional and are necessary for all Sheiban Jewelers customers.
Responsibility for Your Account and Information
You are responsible for maintaining the confidentiality of your account, including but not limited to confidentiality of your account username, account password, payment information contained or saved in your account, and all other information available within your account. You agree to accept liability for payment and responsibility for all activities and transactions that occur under your account and password. Sheiban Jewelers reserves the right, in its sole discretion, to refuse service, disable accounts, remove or edit information, or terminate orders. Sheiban Jewelers expressly disclaims any liability or responsibility for detecting fraud on your account.
Sheiban Jewelers may provide links to web sites, pages, and content of third parties ('Third-Party Content') as a service to those interested in this information. Sheiban Jewelers does not monitor or have any control over any Third-Party Content or Third-Party Sites. Sheiban Jewelers does not endorse any Third-Party Site or Third-Party Content, and makes no warranty or guarantee as to the accuracy or completeness of any Third-Party Content or Third-Party Sites, or of any information contained therein. Sheiban Jewelers undertakes no responsibility to update or review any Third-Party Content. Users use these links, and Third-Party Content contained therein, at their own risk.
Please CLICK HERE for our full Shipping Policy.
Advertisements and Promotions
Sheiban Jewelers may run advertisements and promotions from third parties on our Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Sheiban Jewelers, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such Third-Party. Sheiban Jewelers is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such Third-Party advertisers on our Site.
Sheiban Jewelers makes reasonable efforts to display the products listed for sale on its Site as accurately as possible. However, many factors will affect the accuracy of what you actually see on your screen, including but not limited to the colors we use, the cameras we use, the display and color capabilities of your computer monitor, etc. Sheiban Jewelers cannot and does not guarantee any product color, texture or detail will be as you perceive it on your monitor. In addition, Sheiban Jewelers does not warrant that product descriptions or other content are accurate, complete, reliable, current, or error free. While Sheiban Jewelers makes reasonable effort to ensure that our products are described and priced as fully and accurately as possible, in the event that an item is deemed to be priced, described, or pictured incorrectly, Sheiban Jewelers reserves the right to refuse sale of that item. If the error is discovered after payment has been finalized, Sheiban Jewelers reserves the right to cancel the sale and refund the transaction in full. If a product offered by Sheiban Jewelers is not as priced, described, or pictured, your sole remedy is to return it in unused condition.
You agree to defend, indemnify, and hold harmless Sheiban Jewelers, its agents, members, directors, officers, owners, employees, independent contractors, service providers, and consultants, and their respective directors, employees, and agents, from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any Content you post, store, or otherwise transmit on or through our Site or your use of or inability to use our Site, including without limitation any actual or threatened suit, demand, or claim made against Sheiban Jewelers and/or its agents, members, directors, officers, owners, employees, independent contractors, service providers, or consultants, arising out of or relating to the Content, your conduct, your violation of these Terms, or your violation of the rights of any Third-Party.
Limitation of Liability
IN NO EVENT SHALL SHEIBAN JEWELERS, ITS AGENTS, MEMBERS, DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS, OR CONSULTANTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR SITE, THE PRODUCTS AND SERVICES, OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH OUR SITE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES CASED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM SHEIBAN JEWELERS, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO SHEIBAN JEWELERS’ RECORDS, PROGRAMS, OR SERVICES.
Applicable Law and Venue
The Terms will be governed by the laws of the State of Ohio, without giving effect to any conflicts of laws principles. Any dispute arising out of or relating to these Terms will be brought in a state or federal court located in the State of Ohio.
The Terms constitute the entire agreement between you and Sheiban Jewelers. It governs your use of the Site, and supersedes any prior or contemporaneous understandings or agreements between you and Sheiban Jewelers relating thereto. The Terms may not be modified by you unless such modification is in writing and signed by an authorized officer of Sheiban Jewelers. The failure of Sheiban Jewelers to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. If any provision of the Terms is found to be invalid and/or unenforceable, the parties agree to give effect to the parties’ intentions as reflected in the provision, and furthermore, the other provisions of the Terms will remain in full force and effect. The Terms will not prejudice the statutory rights of any party. The headings in the Terms are for convenience only and have no legal or contractual effect. You may not assign any rights or obligations under the Terms.
Modification and Notice
You agree that Sheiban Jewelers may modify the Terms and any other policies on our Site at any time and that posting the modified Terms and Conditions, or policies, on our Site will constitute sufficient notice of such modification.
Notwithstanding any of the Terms, Sheiban Jewelers reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent your future access to, and use of, the Site.
If any provision of the Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions.
Sheiban Jewelers designed and manufactured products are covered by a 100% lifetime warranty against manufacturer defects. Issues not covered by warranty include, but are not limited to, wear and tear, theft, loss, damage, abuse, neglect, and misuse. Warranty is voided by alteration, repair, modification, or customization performed by any entity or person other than Sheiban Jewelers. Determination of coverage or voiding is at the sole discretion of Sheiban Jewelers.
SHEIBAN JEWELERS’ WARRANTY IS LIMITED TO U.S. BASED CUSTOMERS ONLY, AND DOES NOT APPLY TO INTERNATIONAL TRANSACTIONS. SHEIBAN JEWELERS’ RESPONSIBILITY FOR DEFECTIVE MERCHANDISE IS LIMITED TO REPAIR OR REPLACEMENT, AT SHEIBAN JEWELERS’ SOLE DISCRETION, OF THE MERCHANDISE. REPAIR AND REPLACEMENT IS THE SOLE AND EXCLUSIVE REMEDY OFFERED BY THIS WARRANTY. UNDER NO CIRCUMSTANCES WILL SHEIBAN JEWELERS’ LIABILITY UNDER THIS WARRANTY EXTEND TO CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT. UNDER NO CIRCUMSTANCES WILL SHEIBAN JEWELERS’ LIABILITY UNDER THIS WARRANTY EXCEED THE ACTUAL AMOUNT PAID BY PURCHASER FOR THE MERCHANDISE.
Questions & Contact Information
If you have any questions, please do not hesitate to contact one of our jewelry specialists at 440-238-0616 or email@example.com. Terms and Conditions updated on March 2, 2018.