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TERMS OF USE and COMMERCE POLICY

Studio Juliet Website

TERMS OF USE

General Terms

The website located at studiojuliet.com (“Site”) is a copyrighted work belonging to Joyas LLC dba Studio Juliet (“Studio Juliet”, “us”, “our”, and “we”).  Please carefully read the following Terms of Use (“Terms”) before using the Site.  The Terms constitute an agreement between Studio Juliet and Studio Juliet’s online visitors (“customer”, “you”, “your”, “yours”), governing your access and use of all content and functionalities available at the Site and setting forth the legally binding terms and conditions that govern your use of the Site.  By accessing or using the Site, you are accepting the Terms (on behalf of yourself or the entity that you represent), and you represent and warrant that you have the right, authority, and capacity to enter into the Terms (on behalf of yourself or the entity that you represent).  By visiting the Site, you are accepting and consenting to the practices described in the Terms.  You may not access or use the Site or accept the Terms if you are not at least 18 years old.  If you do not agree with all of the provisions of the Terms, do not access and/or use the Site.  The Site may feature additional guidelines, terms, or rules, which will be posted on the Site in connection with such features.  All such additional terms, guidelines, and rules are incorporated by reference into the Terms.  You can review the most current version of the Terms at any time. We reserve the right, at our sole discretion, to update, change or replace any part of the Terms by posting updates and changes to the Site. It is your responsibility to check the Site periodically for changes. Your continued use of or access to the Site following the posting of any changes to the Terms constitutes acceptance of those changes and you agree to be bound by such updates, changes or replacements.  The Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any goods, content, software, products, or services contained within the Site. You may not use the Site, or any of its content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.  Studio Juliet reserves the right to withdraw, temporarily or permanently, any content from the Site at any time and for any reason. Removal may be immediate and without notice. You confirm that Studio Juliet is not liable to you or any third party for any such withdrawal.

Studio Juliet reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) with or without notice to you.  You agree that Studio Juliet will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.  The Terms will remain in full force and effect while you use the Site.  We may suspend or terminate your rights to use the Site at any time for any reason at our sole discretion, including for any use of the Site in violation of the Terms.  Upon termination of your rights under the Terms, your right to access and use the Site will terminate immediately.  Studio Juliet will not have any liability whatsoever to you for any termination of your rights under the Terms.  Even after your rights under the Terms are terminated, the provisions of the Terms will remain in effect.

Customer Satisfaction

Customer satisfaction is Studio Juliet’s top priority. If there is anything we can do to make your piece absolutely perfect, please let us know. 

Product Information

Available items are listed on the Site and every effort is made to ensure the online catalog is current. Pieces are made by hand and may slightly vary.   Some items on the Site may appear larger or smaller than actual size due to photography techniques or screen defaults. In order to show details some items may be shown larger than actual size and other items may be shown smaller in order to show the entire item. The particular technical specifications and setting of your computer and its display could effect the accuracy of the colors and proportions of products offered on the Site and may not be accurate. The style, designs and colors of the Studio Juliet products shown in the Site may be changed without notice.  Most Studio Juliet products displayed in the Site are representative of the Studio Juliet collection. Not all Studio Juliet products are shown in this Site and not all Studio Juliet products that are shown in the Site are, or will be available in stores. The prices displayed on the Site are quoted in U.S. dollars.

Submissions to Studio Juliet

Studio Juliet welcomes your comments and feedback regarding the Site and Studio Juliet products and services. Any information, materials, suggestions, ideas or comments submitted or offered to Studio Juliet or its affiliates through or in connection with the Site “(Submissions”) shall be treated as non-confidential and non-proprietary and shall become and remain Studio Juliet’s property. Such disclosure, submission or offer of any Submission shall constitute and assignment to Studio Juliet of all rights, title and interest in all copyrights and other rights in the Submission. You represent and warrant that no Submission by you will violate any right of any third party, including but not limited to copyright, trademark, patent, trade secret, privacy or other personal or proprietary right. By making any Submission through, in connection with or related to the Site, you agree that Studio Juliet has the right (but not the obligation) to copy, publish, distribute or use such Submission, or any party or parts thereof, for any purpose, including, but not limited to advertising, promotional, product development or other commercial purpose, without compensation to you or to any other person.  Studio Juliet does not and cannot agree to consider and/or review every Submission, and is not liable or responsible for the content of any material posted on the Site by users. You further agree that no comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any comments you make.

Intellectual Property Rights

You acknowledge that all the intellectual property rights, including copyrights, patents, trade marks, and trade secrets in the Site and its content are owned by Studio Juliet or Studio Juliet’s suppliers.  Neither the Terms (nor your access to the Site) transfers to you or any third party any rights, title or interest in or to such intellectual property rights. Studio Juliet and its suppliers reserve all rights not granted in the Terms.   You acknowledge and agree that all copyright, designs, the "look and feel" of the Site (the “content” of which includes data files, graphics, text, photographs, drawings, logos, images, sounds, music, video or audio files on the Site), trademarks and all other intellectual property and material rights relating to the content as herein described, including Studio Juliet software and all html and other code contained in the Site, shall remain at all times vested in Studio Juliet and/or are the property of their respective owners. All such content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on the Site are protected by federal and state laws and regulations and international treaty provisions. You are permitted to use the content only as expressly authorized by Studio Juliet and/or its third party licensors. Any reproduction or redistribution of the above listed content is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

Third-Party Links; Other Users

The Site may contain links to websites other than the Site, or third-party websites and services (“Third-Party Links”).  Such Third-Party Links are not under the control of Studio Juliet, and Studio Juliet is not responsible for any Third-Party Links.  Studio Juliet provides access to these Third-Party Links only as a convenience to you and does not control the content of the Third-Party Links, or recommend, review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links.

 

You use all Third-Party Links at your own risk and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.  You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links.

Your interactions with other Site users are solely between you and such users.  You agree that Studio Juliet will not be responsible for any loss or damage incurred as the result of any such interactions.  If there is a dispute between you and any Site user, we are under no obligation to become involved.  You hereby release and forever discharge Studio Juliet (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site (including any interactions with, or act or omission of, other Site users or any Third-Party Links).  If you are a California resident, you hereby waive California civil code section 1542 in connection with the foregoing, which states: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

Disclaimers

The Site is provided on an “as-is” and “as available” basis and Studio Juliet (and our suppliers) expressly disclaim any and all representations, warranties and conditions of any kind, whether express, implied, or statutory, including all representations, warranties or conditions of merchantability, satisfactory quality, reasonable care and skill, fitness for a particular purpose, accuracy, or non-infringement.  We (and our suppliers) make no warranty with respect to the content, software text, downloads, graphics, and links, or about results to be obtained from using the Site or the operation of the Site, the information, content, materials, or products included on the Site, the server that makes the Site available, that the Site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, complete, or current, that the Site is free of defects or that any defects will be remedied, free of viruses or other harmful code or components, complete, legal, or safe.   You bear the entire risk of the completeness, accuracy or usefulness of any content found on the Site. You agree that by accessing and/or using the Site your use of the Site is at your sole discretion and risk, that you assume full responsibility for all loss of use, loss of data, and costs associated with all necessary servicing, repairs or replacement of any property, equipment, software and/or data that you use in connection with the Site and Studio Juliet shall not be responsible or liable for damages of any kind whatsoever arising out of, caused by, or related to your use of the Site.  This is comprehensive limitation of liability that applies to all damages of any kind, including but not limited to direct, indirect, incidental, punitive or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Site and any information provided to or taken from the Site by you.

Restrictions

The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.  Unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to the Terms.  All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof.  You use the Site at your sole risk. You agree that you will be personally responsible for your use of the Site and for all of your communication and activity on the Site. We reserve the right to deny you access to the Site, or any part of the Site, at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms we may deny you access to the Site on a temporary or permanent basis and any decision to do so is final. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Site. You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to any submissions made by them.

Limitation on Liability

To the maximum extent permitted by law, in no event shall Studio Juliet (or our suppliers) be liable to you or any third party for any actual, direct, indirect, special, punitive, incidental, exemplary or consequential damages, or any other damages whatsoever, including lost profits, lost data, costs of procurement of substitute products, or any damages arising from or relating to these terms or your use of, or inability to use, the Site, even if Studio Juliet has been advised previously of the possibility of such damages, whether in an action under contract, negligence or under any other theory, arising out of or in connection with the use, inability to use, or performance of the information, services, products and materials available from the Site.  These limitations shall apply notwithstanding any failure of essential purpose or the existence of any limited remedy. 

To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to the Terms (for any cause whatsoever and regardless of the form of the action), will at all times be limited to a maximum of fifty US dollars (U.S. $50). The existence of more than one claim will not enlarge this limit.  You agree that our suppliers will have no liability of any kind arising from or relating to the Terms.

Indemnification

You agree to defend, indemnify and hold Studio Juliet (and its officers, employees, suppliers, and agents) harmless, including costs and legal and attorneys’ fees, from any and all liabilities, claims, damages, losses, costs and expenses, or demands made by any third party due to or arising out of (a) your use of the Site, (b) your violation of the Terms or (c) your violation of applicable laws or regulations.  Studio Juliet reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.  You agree not to settle any matter without the prior written consent of Studio Juliet.  Studio Juliet will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.  This defense and indemnification obligation will survive the Terms and your use of the Site.

Dispute Resolution

All claims and disputes (excluding claims for injunctive or other equitable relief set forth in the Terms) in connection with the Terms or the use of any product or service provided by Studio Juliet that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the Terms and shall be held in English.  These Terms apply to you and Studio Juliet, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to the Terms. In any circumstances where the Terms permit the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within the jurisdiction where Studio Juliet is located.

The parties hereby waive their constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes shall be resolved by arbitration under the Terms.  All claims and disputes within the scope of the Terms must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.   Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) that describes the nature and basis of the claim or dispute, and the requested relief.  A Notice to Studio Juliet should be sent to the Registered Agent for Studio Juliet set forth in Studio Juliet’s records available in the Colorado Secretary of State website database located at http://www.sos.state.co.us/pubs/business/businessHome.html.  After the Notice is received, you and Studio Juliet may attempt to resolve the claim or dispute informally.  If you and Studio Juliet do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding.  The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.  Arbitration shall be initiated through the American Arbitration Association or another alternative dispute resolution provider agreed to by both parties.  If the arbitrator grants you an award that is greater than the last settlement offer that Studio Juliet made to you prior to the initiation of arbitration, Studio Juliet will pay you the greater of the award or $2,500.00.  Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the alternative dispute resolution provider.

Electronic Communications

The communications between you and Studio Juliet use electronic means, whether you use the Site or send us emails, or whether Studio Juliet posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Studio Juliet in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Studio Juliet provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing.

Entire Terms

These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision. The word “including” means “including without limitation”.  If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.  You agree that neither party is an agent or partner of the other.  These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Studio Juliet’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.  Studio Juliet may freely assign the Terms.  The terms and conditions set forth in the Terms shall be binding upon assignees. These Terms will survive the termination of your relationship with Studio Juliet. 

COMMERCE POLICY

This Commerce Policy (“Commerce Policy”) describes how Joyas LLC dba Studio Juliet (“Studio Juliet”, “Company”, “us”, “our”, and “we”) monitors the eligibility of our consumer users and online visitors (“you”, “your”, “yours”, “customer”) of this website, studiojuliet.com (the “Site”), the procedures we use with respect to pricing our products and processing your orders and payments.  

This Commerce Policy is incorporated into, and part of, the Company’s Terms, which govern, in general, your use of the Site.

Shipping - Domestic

Shipping Rate - $3.50

Shipping originates from the Studio Juliet space in Denver, Colorado. Please allow 3-5 business days for your order to be processed and shipped via USPS. Shipments valued at more than $100 will require signature upon delivery unless specifically indicated otherwise on order. If you prefer another carrier or would like express shipping please contact julie@studiojuliet.com

Special order items may take up to 3 weeks for shipment. If there will be a delay Studio Juliet will contact the customer immediately.

If this is a rush order please contact julie@studiojuliet.com and Studio Juliet will do its best to make arrangements to expedite the order.

Shipping - International

Shipping Rate - $9.50

Studio Juliet ships to almost every country via USPS Priority Mail International. Please note due to each individual country's customs and postal service, we are not responsible for packages damaged or lost once they are in transit. Duties and taxes are not included in the total at checkout and are determined by the customs agency within the destination country and assessment of duties and taxes will be based on the value of the order and the tax-free threshold, if it exists, for goods imported into the destination country so international buyer is responsible for all taxes, duties, VAT, fees, customs, etc. that may be incurred.

If you prefer to use another carrier or have questions about insuring an international package please contact julie@studiojuliet.com.

Returns

Items may be returned within 60 days of receipt in their original, new and resalable condition via prepaid insured mail. Please contact julie@studiojuliet.com to discuss reason for return prior to sending items for return. Customer pays return shipping charges. Studio Juliet is not responsible for items damaged or lost in transit.  Customer will be credited in full, minus all shipping charges.

Please be sure to contact julie@studiojuliet.com for return authorizations prior to shipping. 

Exchanges

Studio Juliet understands that you may order a style that isn't quite right. We are always willing to work with you (or the gift recipient) to ensure that you are completely satisfied with your purchase. While we don't put a strict timeline on exchanges, any exchange request (on an item in its original condition) made after 6 months of purchase date will be considered on a case by case basis. 

Please be sure to contact julie@studiojuliet.com for exchange authorizations prior to shipping. 

Repairs

Studio Juliet takes pride in craftsmanship. If a customer’s piece needs repair, please contact julie@studiojuliet.com. Depending upon the repair needed there may be a nominal cost for additional materials. Repair time will vary depending on nature of repair and availability of materials. Please email julie@studiojuliet.com to inquire about repair and include customer name, description, photo of the damage, and proof of purchase. If piece can be repaired, customer will be emailed shipping instructions.

Wholesale

A $500.00 minimum purchase is required with opening orders. Opening orders must be paid in full prior to shipping via USPS unless you choose otherwise.

Terms of Eligibility

The purchase of merchandise through the Site is strictly limited to parties who can lawfully enter into and form contracts on the internet in accordance with the laws of the state of Colorado.

In order to make purchases on the Site you will be required to provide information about yourself that is true, accurate, current and complete in all respects. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the billing information provided. 

The Site is available only to individuals who meet the above terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to the Company and Square, our payment security provider, and who have authorized Studio Juliet to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. Products purchased by you are for personal or gift use and may not be re-sold, used for commercial purposes or any other commercial benefit. In addition, the Company reserves the right to restrict multiple quantities of an item being purchased and/or shipped to any one customer or postal address. 

Pricing and Taxes

Items for sale on this Site are fairly priced.  Prices are calculated to include the actual price of materials, an hourly rate for labor, prorated for the time it takes to make each piece by hand, and a surcharge for overhead (studio rent and equipment, utilities, marketing).

This Site offers products for sale that are in stock and available for distribution.  All orders are subject to availability, and items in your shopping basket are not reserved and may be purchased by other customers.  All prices and offers remain valid as advertised from time to time.  The U.S. dollar price of a product displayed on the Site at the time the order is accepted will be honored.  Price and availability information is subject to change without notice.

Prices shown on the Site are in U.S. dollars and are exclusive of taxes.  If you are shipping within the U.S., sales tax will only be charged on orders shipped within Colorado.  No other tax or import duty will be applied to orders shipped within the U.S.  Customers purchasing from a country served as DDP (deliver duty paid) will incur relevant import duty and tax. These costs will be calculated prior to shipment and we will contact customer by email regarding payment of these taxes.  Customers purchasing from a country served as DDU (deliver duty unpaid) will be charged for the items purchased and shipping costs only and import duty or tax costs will be invoiced to you directly from USPS or an import broker appointed by you. We recommend you contact your local customs authority to determine a landed cost price prior to purchase completion.   If you are a customer whose credit/debit card is not denominated in US dollars, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.

Order

Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order.  This email is not an acceptance of your order, just a confirmation that we have received it.

Unless you cancel your order, acceptance will be finalized upon completion of the packing of your order. Completion of the contract between you and Studio Juliet will be complete when we ship the goods to you at which time you will receive a second email confirming that your order has been sent.  The sale contract is concluded in the state of Colorado, USA, and the language of the contract is English.

You agree that the Company is authorized to transmit electronic mail, written mail, and on occasion to telephone you for the purpose of informing you about your particular transaction or verifying your transaction, the Site or the Company’s products or services, or for such lawful purpose(s) as the Company deems appropriate.  

We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set-out in this Commerce Policy.  Furthermore, we may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any content or merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

Payment can be made by Visa, MasterCard, American Express credit and debit cards, and any other methods which may be clearly advertised on the Site from time to time.  Payment will be debited and cleared from your account upon completion of the packing of your order by Studio Juliet.

You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it.  All credit/debit cardholders are subject to validation checks and authorization by the card issuer.  By making an offer to purchase merchandise, you expressly authorized us to perform credit checks and, where the Company feels necessary, to transmit or obtain your credit card information or credit report information (including any updated information) to or from third parties solely to authenticate your identity, to validate your credit/debit card, to obtain an initial credit card authorization and/or to authorize individual purchase transactions.  If the issuer of your credit/debit card refuses to authorize payment to Studio Juliet, we will not be liable for any delay or non-delivery. Occasionally, high demand causes us to run out of certain items. If we don't have an item that you have ordered in stock, we'll notify you by email within 24hours. 

You agree that we may use personal information provided by you in order to conduct appropriate anti-fraud checks. Personalinformation that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.

Sometimes, an item is out of stock, discontinued and not expected to come back in stock, so we must cancel the item. In this case, if you paid with a credit/debit card, we will not charge you for the item or any taxes, shipping or handling charges. 

We take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.