Last Updated: November, 2016
1.Acceptance of Terms
By accepting these Terms, you represent that you are 18 years of age or older and that, if you have accepted these Terms on behalf of any person or entity, you represent that you have legal authority to do so and that such person or entity agrees to be responsible to us if you or such person or entity violates these Terms.
If you do not agree to every provision of these Terms, you may not access, browse or use the Site, or order, receive, or use products made available through the Site (the “Products”) or any services made available through the Site (collectively, the “Services”).
By accessing or using the Site, you represent and warrant that you have not been previously suspended or removed from the Site, or engaged in any activity that could result in suspension or removal from the Site.
These Terms may be revised at any time for any reason, and Douglas Rose may provide you notice of these changes by any reasonable means, including by providing notice through the Site. You can determine when we last updated the Site by referring to the “Last Updated” legend at the top of these Terms. By continuing to access, browse or use the Site, or order, receive or use the Products or Services, you confirm your acceptance of the revised Terms and all the terms incorporated herein by reference. We strongly recommend that you periodically visit this page of the Site to review these Terms. If you do not agree to the revised Terms, you may not access or use the Site, or order, receive, or use Products or Services made available through the Site.
2. Payment and Billing Information
By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third party payment processor) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Order”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your Order.
3. Pricing and Availability
All prices are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice. We will not, however, be able to notify you of changes in any applicable taxes.
While we make every attempt to avoid errors in pricing and product information, some information (including prices) may be inaccurately displayed on the Site due to system or typographical errors. We reserve the right to correct any and all errors in pricing or product information when they occur, and we do not honor inaccurate or erroneous prices. If a Product’s listed price is lower than its actual price, we will, at our discretion, either contact you for instructions before shipping the product or cancel the order and notify you of such cancellation. If the order has been shipped, you agree to either return the Product (at your own expense) or pay the difference between the actual and charged prices.
All of our Products and Services are subject to availability, and we reserve the right to impose quantity limits on any Order, to reject all or part of an Order, to discontinue offering certain Products and Services without prior notice.
Sales tax is applied in accordance with individual state regulations. Appropriate sales tax charges will appear on the order page during checkout.
All items entering a foreign country are subject to customs inspection and assessment of duties and taxes in accordance with each country’s applicable laws. You are solely responsible for all duties and taxes incurred. Douglas Rose cannot determine these fees during the checkout process. For more information, please contact your local customs office.
In the event that you refuse delivery of the shipment, you are solely responsible for payment of all return shipping charges, duties and taxes; in this case, return shipping charges, duties, and taxes will be billed to you in accordance with the method of payment you selected in the checkout process.
5.Shipping and Handling
Separate charges for shipping and handling will be shown on the order page during checkout. Please note that we do not ship to hotels or Post Office boxes. We require a signature upon delivery of all shipments.
You agree to pay any shipping and handling charges shown at the time you make a purchase. Shipping is handled by a third party courier. Actual delivery dates may vary. You agree that you will not obtain, or direct shipment of, a Product for export. All Products purchased from us are made pursuant to a shipment contract. This means that title to and the risk of loss of such Products passes to you upon our delivery of the Product to the third party courier.
We have attempted to accurately depict the Products offered on this Site. However, because the color you see is dependent on your computer monitor, we cannot guarantee that the color you see will be accurate. The products may also appear larger or smaller than their actual size depending on your monitor. Some photographs of products may have been enlarged to show detail.
You are responsible for inspecting all Products you receive from us for any damage or other issues upon delivery.
You are not permitted to resell or otherwise use the Products or Services for commercial purposes.
9.Returns and Refunds
If you are dissatisfied with any Product you purchased through the Site, you may return the Product within thirty (30) days of the date you purchased the Product; provided, that all returned Products must be unused and in their original packaging. Final sale items cannot be returned and are not eligible for a refund. In addition, we are unable to issue refunds for Services.
Please ship returns to:
9517 Monroe Rd
Charlotte, NC 28270
Please complete and include the return form that accompanied your order so we can process your return.
You may use the return shipping method of your choice, at your own expense. We strongly recommend that you use a carrier that offers shipment tracking for all returns and either insure your package for safe return or declare the full value of the shipment so that you are protected if the shipment is lost or damaged in transit. You are solely responsible for any loss or damage to the product during shipping.
After we receive your returned Product, we will issue you a refund for the price you paid for the Product (less any applicable shipping and handling charges). Upon receipt of a returned product, we may take up to fourteen (14) business days to process your return. If you do not comply with the terms of this section, you will be ineligible to receive a refund.
10.License to Access and use the Site and Site Content
Unless otherwise indicated in writing by us, the Site and all content and other materials contained therein, including, without limitation, the Douglas Rose logo and all designs (including without limitation jewelry designs), text, graphics, pictures, information, data, software, User Content (as defined in Section 14), other files and the selection and arrangement thereof (collectively, “Content”) are the property of Douglas Rose or our licensors or users, as applicable, and are protected by U.S. and international copyright and other laws.
Subject to these Terms, you are hereby granted a personal, non-exclusive, non-transferable, non-sublicenseable license to access and make personal, non-commercial use of the Site and Content. All rights not expressly granted herein are reserved. You do not acquire any ownership inters in the Site or Content under these Terms, or any other rights thereto other than to use the Site in accordance with the license granted, and subject to all terms, conditions and restrictions of these Terms.
However, such license is subject to these Terms and does not include any right to, and you shall not, directly or indirectly: (a) sell, resell or use commercially the Site or Content, (b) distribute, publicly perform or publicly display any Content, (c) modify or otherwise make any derivative uses of the Site or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than the page caching) any portion of the Site or Content, except as expressly permitted by us, (f) use the Site to stalk, threaten, or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity; (g) interfere with the Site or servers or networks used in connection with the Site; or (h) use the Site or Content other than for their intended purposes.
Any use of the Site or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of Douglas Rose or any third party, whether by estoppel, implication or otherwise. This license is revocable at any time.
You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Content.
You are hereby granted a personal, non-exclusive, non-transferable, non-sublicenseable license to access and make personal, non-commercial use of the Site and Content, subject to these Terms. All rights not expressly granted herein are reserved. You do not acquire any ownership interest in the Site or Content under these Terms, or any other rights thereto other than to use the Site in accordance with the license granted, and subject to all terms, conditions and restrictions of these Terms.
The Douglas Rose logo, and any other Douglas Rose product or service names, trademarks, logos, or other indicia (“Marks”) that may appear on the Site, Services, or Products are the property of Douglas Rose or its subsidiaries, affiliates or third parties, and may not be copied, imitated or used, in whole or in part, without our prior written permission. Nothing contained in the Site shall be construed as granting, by implication or otherwise, any license or right to use any such Mark without the prior written permission of Douglas Rose or such third party that may own such Mark. Your misuse of any such Mark, or any other Content, is strictly prohibited.
You are solely responsible and liable for all data, information and other materials (“User Content”) that you submit, upload, post, e-mail or otherwise transmit (“Transmit”) in connection with the Site. In addition, we have no control over, and shall have no liability for, any damages resulting from the use (including without limitation republication) or misuse by any third party of information made public through the Site. IF YOU CHOOSE TO SUBMIT TO US, OR OTHERWISE MAKE ANY PERSONAL INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE, YOU DO SO AT YOUR OWN RISK AND DOUGLAS ROSE SHALL HAVE NO RESPONSIBILITY OR LIABILITY THEREFOR.
You agree that you will not, and will not permit anyone else to, directly or indirectly:
Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense.
14.Rights in User Content
You acknowledge and agree that Company may disclose or use any User Content that you Transmit for purposes that include, but are not limited to: (a) enforcing these Terms; (b) complying with any laws, regulations or rules of any federal, state or local government or agency; (c) responding to claims that any User Content violates the rights of third parties; or (d) protecting the rights or property of Douglas Rose, its customers or the public.
Separate and apart from User Content, you can submit questions, comments, suggestions, ideas, original or creative materials or other information about Douglas Rose, the Site, our Products or Services (collectively, “Feedback”). Feedback is nonconfidential and shall become the sole property of Douglas Rose. Douglas Rose shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
We have not reviewed all of the websites linked to the Site and are not responsible for the content of any third-party pages or any other websites linked to the Site. Nothing in the Site, including, without limitation, any links to other websites, should be construed as an endorsement of any products, services or information of any other persons or companies by Douglas Rose. Your choice to link to any other website is at your own risk, and you agree to comply with all terms and conditions relating to such websites. Douglas Rose reserves the right not to link, or to remove the link, to a particular website at any time. Any links to third party websites are provided as a convenience to you and are neither owned nor operated by Douglas Rose. We have no control over these linked websites and make no representations or warranties with respect to these linked websites. Your viewing and use of any third-party websites is at your sole discretion and risk.
To the fullest extent permitted by applicable law, you agree to defend, hold harmless and indemnify Douglas Rose, its subsidiaries and affiliates, business partners, contractors, clients and service providers, and their respective officers, employees, agents and representatives (collectively, the “Douglas Rose Parties”) from and against any claims, liabilities, costs or damages, including reasonable attorneys’ fees and paralegal fees through final appeals, made by any third party, relating to or arising from your use of the Site, Products, Services, any User Content that you Transmit to or through the Site, any Feedback you provide, any violation of these Terms by you, or any other act or omission by you, including your violation of any rights of another, arising from your use of the Site or the Services. You further agree that Douglas Rose shall have control of the defense or settlement of any third party claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Douglas Rose.
18.Limited Warranty for Products; Disclaimers
Douglas Rose warrants to you as the purchaser that for a period of 12 months from the date of shipment of the Products (“Warranty Period”), that such Products will materially conform to Douglas Rose’s published specifications in effect as of the date of shipment and will be free from defects in material and workmanship. The warranty period is not extended if Douglas Rose repairs or replaces the Product. This warranty covers only manufacturing defects and does not cover any damage caused by misuse (such as transportation of unusual items), neglect, accidents, abrasion, exposure to extreme temperatures, solvents, acids, water, normal wear and tear or transport damage (by airlines for example). Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
This limited warranty extends only to the consumer who originally purchased the Product. It does not extend to any subsequent owner or other transferee of the Product.
EXCEPT FOR THE WARRANTIES SET FORTH IN THIS SECTION 18, DOUGLAS ROSE MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE PRODUCTS, INCLUDING WITHOUT LIMITATION ANY (a) WARRANTY OF MERCHANTABILITY; OR (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (c) WARRANTY OF TITLE; OR (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
Products manufactured by a third party (“Third Party Product”) may constitute, contain, be contained in, incorporated into, attached to or packaged together with, the Products. Third Party Products are not covered by the warranty in this Section 18. For the avoidance of doubt, DOUGLAS ROSE MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD PARTY PRODUCT, INCLUDING WITHOUT LIMITATION ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (c) WARRANTY OF TITLE; OR (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
Douglas Rose shall not be liable for a breach of the warranties set forth in this Section 18 unless: (i) you give written notice of the defective Products, reasonably described, to Douglas Rose within 10 days of the time when you discover or ought to have discovered the defect; (ii) if applicable, Douglas Rose is given a reasonable opportunity after receiving the notice of breach of the warranty to examine such Products and you (if requested to do so by Douglas Rose) return such Products to Douglas Rose’s place of business at your cost for the examination to take place there; and (iii) Douglas Rose reasonably verifies your claim that the Products are defective. To make a warranty claim, please conduct us at firstname.lastname@example.org.
Douglas Rose shall not be liable for a breach of the warranty set forth in this Section 18 if: (i) you make any further use of such Products after giving such notice; (ii) the defect arises because you failed to follow Douglas Rose’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Products; (iii) you alter or repair such Products without the prior written consent of Douglas Rose.
Subject to this Section 18, with respect to any such Products during the Warranty Period, Douglas Rose shall, in its sole discretion, either: (i) repair or replace such Products (or the defective part) or (ii) credit or refund the price of such Products at the original purchase price provided that, if Douglas Rose so requests, You will be responsible for any cost of shipment of the Product to or from Douglas Rose, and Douglas Rose will not be responsible for any damage or loss during shipment.
THE REMEDIES SET FORTH IN SECTION 18 SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY AND DOUGLAS ROSE’S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTIES SET FORTH IN THIS SECTION 18.
IN NO EVENT SHALL DOUGLAS ROSE BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING STRICT LIABILITY AND NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY OR CLAIMS OF THIRD PARTIES. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES FROM THIS SITE, WHETHER IN CONTRACT, TORT (INCLUDING STRICT LIABILITY AND NEGLIGENCE) OR OTHERWISE, DOUGLAS ROSE SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID FOR THE PURCHASE OF PRODUCTS OR SERVICES UNDER THIS AGREEMENT GIVING RISE TO SUCH LIABILITY. IF YOU LIVE IN A JURISDICTION WHOSE LAWS PREVENT THE LIMITATION OF LIABILITY IN ACCORDANCE WITH THIS AGREEMENT, DOUGLAS ROSE LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY THE LAW OF THAT JURISDICTION.
19.Limitation of Liability; Waiver
DOUGLAS ROSE IS PROVIDING THE SITE, THE SERVICES, AND THE CONTENT ON AN “AS-IS,” “AS-AVAILABLE” BASIS. EXCEPT AS EXPRESSLY PROVIDED ABOVE, DOUGLAS ROSE DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND TO THE EXTENT THAT THEY MAY BE EXCLUDED BY LAW, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN ADDITION, DOUGLAS ROSE DOES NOT REPRESENT OR WARRANT THAT THE CONTENT IS ACCURATE, COMPLETE OR CURRENT OR WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. DOUGLAS ROSE DOES NOT WARRANT THAT THE SITE WILL OPERATE IN AN UNINTERRUPTED, SECURE OR ERROR-FREE MANNER. THE CONTENT IS FOR YOUR GENERAL USE ONLY AND SHOULD NOT BE RELIED ON IN MAKING ANY SPECIFIC FINANCIAL, LEGAL OR OTHER DECISIONS.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SITE IS AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITY.
IN NO EVENT SHALL DOUGLAS ROSE OR THIRD PARTIES WHO CONTRIBUTE TO THE SITE BE LIABLE, WHETHER IN CONTRACT OR TORT (INCLUDING STRICT LIABILITY AND NEGLIGENCE) FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY OR CLAIMS OF THIRD PARTIES. IF YOU LIVE IN A JURISDICTION WHOSE LAWS PREVENT YOU FROM TAKING FULL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE IN ACCORDANCE WITH THESE TERMS AND CONDITIONS, DOUGLAS ROSE LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY THE LAW OF THAT JURISDICTION.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, 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.”
20.Modifications to the Site and Products
We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Site (or any features or parts thereof) or the provision of any Products or Services at any time.
21.United States Only
The Site is controlled and operated by us from the United States of America, and is not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States of America. We do not represent or warrant that the Site, or any part of the Site, is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Site and to order or receive and use the Products or Services, at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.
23.Governing Law and Jurisdiction
Douglas Rose operates the Site from its offices in North Carolina. These Terms and the transactions they contemplate, including without limitation their interpretation, construction, performance and enforcement shall be governed by the laws of the State of North Carolina, U.S.A. without reference to conflict or choice of law provisions, as applicable to contracts made and performed entirely within such State. The International Convention on the Sales of Goods, and other international treaties that are not mandatory with respect to contracts made and performed entirely in North Carolina, shall not apply. The exclusive forums for the resolution of any dispute relating to these Terms shall be the state and federal courts in Wake County, North Carolina, U.S.A., and you agree to personal jurisdiction of such courts over you with regard to any dispute relating to these Terms and agree to service of process on you by e-mail to the address you have submitted on the Site, if any, and by any other means permitted by law.
All notices, demands, or consents given from you under these Terms will be in writing and will be deemed given when delivered to Douglas Rose at the following contact email@example.com.
Any notices to you may be made via either e-mail to the address in Douglas Rose’s records or via posting on the Site. Please report any violations of these Terms to Douglas Rose at the contact listed above.
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
These Terms constitute the entire agreement between you and Douglas Rose relating to your access to and use of the Site and your order, receipt and use of Products and Services. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Douglas Rose. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and Douglas Rose’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.
27.Procedure for Making Claims of Copyright Infringement
We expect users of the Site to respect the intellectual property rights of others. If you believe in good faith that any of the content on the Site infringes your copyright, please provide our copyright agent the written information specified below.
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number and e-mail address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
(f) A statement by you, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner, or are authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
Douglas Rose’s copyright agent for notice of claims of copyright infringement on the Site can be reached as follows:
Mary Pat Sullivan
P.O. Box 2611
Raleigh, NC 27602