Terms and Conditions

THE AGREEMENT: The use of this website and services on this website provided by Alessandra Yu LLC (hereinafter referred to as "Website") are subject to the following Terms & Conditions, all parts, and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use of all pages on this website (hereinafter collectively referred to as "Website") and any services provided by or on this Website ("Services").

1)   DEFINITIONS

“Agreement” denotes to this Terms and Conditions and the Privacy Policy and other documents provided to you by the Website.

“We”, “us” and “our” are references to ALEYUJEWELRY.COM.

“User”, “You” and “your” denotes the person who is accessing the website for taking or availing any service from us. User shall include the company, partnership, sole trader, person, body corporate or association taking services of this Website.

” Website” shall mean and include aleyujewelry.com and any successor Website of the Company or any of its affiliates.

Parties: Collectively, the parties to this Agreement (We and You) will be referred to as Parties.

2)   ASSENT & ACCEPTANCE

PLEASE READ THESE TERMS OF USE, OUR PRIVACY POLICY, AND ALL APPLICABLE SUPPLEMENTAL TERMS (COLLECTIVELY, THE "TERMS") CAREFULLY, AS THEY CONTAIN TERMS AND CONDITIONS THAT IMPACT YOUR RIGHTS, OBLIGATIONS AND REMEDIES IN CONNECTION WITH YOUR USE OF THE SERVICES AND CONTENT. FOR EXAMPLE, THE TERMS INCLUDE:

  • YOUR OBLIGATION TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.

  • LIMITATIONS OF OUR LIABILITY TO YOU; AND

  • A REQUIREMENT THAT YOU PURSUE CLAIMS OR SEEK RELIEF AGAINST US (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, RATHER THAN AS A PARTICIPANT IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.

YOUR ACCESS TO AND USE OF THE SERVICES IS CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH ALL APPLICABLE TERMS. If you do not agree to these Terms or our Privacy Policy, then please cease using the Services immediately. We reserve the right to change these Terms at any time (see “Changes to these Terms” below.) By accessing, browsing and/or using the Services after updates to these Terms have been posted, you agree to be bound by the updated Terms. THESE TERMS AND OUR PRIVACY POLICY CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND ALESSANDRA YU LLC.

Consequences of Non-Compliance

Your failure to comply with the Terms may result in the suspension or termination of your account and/or access to the Services and may subject you to civil and criminal penalties.

3)   SERVICE

  • At aleyujewelry.com, we offer you a meticulously designed website that provides a digital platform for users to buy Products online.

  • With all our products, we emphasis quality by having our products subject to rigorous quality checks before it reaches you.

4)   AGE RESTRICTION

You must be at least 13 (Thirteen) years of age to use this Website, or any Services contained herein. By using this Website, you represent and warrant that you are at least 13 years of age and may legally agree to this Agreement. We assume no responsibility or liability for any misrepresentation of your age.

5)   PRODUCT AVAILABILITY

On occasion, you may be able to place a product in your shopping cart and submit your order for processing, but your order is subsequently cancelled due to unavailability of product. You acknowledge that products may sell quickly and there may be a short period of time after an order has been submitted, but where the product is no longer available. You agree that we may cancel your order after you have received an Order Confirmation without penalty.

On very rare occasions, you may receive a Shipping Confirmation from us, but the product is no longer available in our or our third-party fulfillment provider's inventory. You agree that we may rescind our acceptance and cancel your order without penalty if we are unable to ship the product you ordered due to unavailability.

If you're interested in a piece of jewelry that is currently on back order, call us and we can tell you when the item will be back in stock. Sometimes with the volume of orders we receive, an item may go out of stock before we are able to post a notification on the Site. If this happens, we will contact you directly to discuss possible options.

6)   ORDERING

  • All the purchases from this website shall be governed by our terms and conditions.

  • If you make an Order for buying any product from our website. At the time of order, while providing your details you must be careful and warrant that the details provided are true and accurate.

  • Payment mode shall be:

a)     Online: Credit Cards and Debit cards.

b)     Square Payment

  • You will need to register on the site with information about yourself that is accurate, current, and complete. The password you provide should be kept secure and you must notify us of any breach of security or unauthorized use of your account.

  • You place an order on the site by adding your selected item(s) to the shopping bag and proceeding to checkout. Items in your shopping bag are not reserved and may be purchased by another customer. Please read and check your order carefully before submitting it.

  • Payment will be collected immediately upon completion of the payment process and an email will be sent to confirm your order. Another email will be sent a later day to confirm the details of the delivery of your product.

  • In any case of exception, we may contact you to say that we do not accept your order. This is typically for the following reasons:

a)  the products are unavailable;(due to discontinuation of the design etc.)

b)  we cannot authorize your payment.

c)  you are not allowed to buy the products from us.

d)  we are not allowed to sell the products to you.

  • there has been a mistake in the pricing or description of the products.

  • In such a scenario we will be sending you a mail to confirm that your order has not been accepted and your payment will be transferred back to you within the next 24 hours from this mail.

  • We will only accept your order when we email you to confirm this (Confirmation Email). At this point:

a) A legally binding contract will be in place between you and us; and

b) We will dispatch the products to you or inform you of the estimated dispatch date.

  • Any order to purchase a product that you place with us is subject to acceptance by us. When you make your order online, we will provide you an email to confirm that we have received it.

  • If there is an error in the order confirmation, please contact us immediately by email at info@aleyujewelry.com.

  • We may refuse or be unable to process your order if Your card or Bank account does not give authorization for the payment of purchase price.

  • You do not meet the eligibility to order criteria set out above.

  • You must notify us instantly if any particulars are inappropriate. If your payment has not been accepted, you will be informed of this in writing along with the reasons.

  • We are happy to support you if there is any issue you can contact info@aleyujewelry.com for any inquiry or problem.

  • We take customer feedback very seriously and use it to constantly improve our products and quality of service.

7)   PRICING

Data, including prices, may be inaccurately displayed on our Site due to system or typographical errors. While we make every attempt to avoid these errors, they may occur. We reserve the right to correct any and all errors when they do 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 or pay the difference between the actual and charged prices. Our prices are also subject to change without notice. We apologize for any inconvenience that this may cause.

8)   DIAMOND CERTIFICATES

When you order a loose diamond, we ship it to you with the accompanying diamond grading report (also called a diamond certificate). These grading reports are detailed documents created by diamond grading experts at one of two highly respected diamond laboratories - making it very expensive to replace a diamond grading report. Because of this, we require each diamond grading report to be included with each returned diamond. If you do not include the diamond grading report with your return, you will be charged a replacement fee of US$150 (or equivalent amount in other currencies).

9)   LICENSE TO USE WEBSITE

We may provide you with certain information because of your use of the Website or Services. Such information may include but is not limited to, documentation, data, or information developed by us, and other materials which may assist in your use of the Website or Services ("Our Materials"). Subject to this Agreement, we grant you a non-exclusive, limited, non-transferable, and revocable license to use Our Materials solely in connection with your use of the Website and Services. Our Materials may not be used for any other purpose, and this license terminates upon your cessation of use of the Website or Services or at the termination of this Agreement.

10) Product Disclaimer

  • We strive to display the colors of the pieces advertised as accurate as possible. Please understand that due to limitations and inconsistencies with certain monitors and systems, these colors might seem a bit different upon item receipt

  • We are not responsible to any injuries causing by use.

  • Every piece of jewelry can suffer alterations since pieces are handmade and are natural stones.

  • Due to the natural nature of many of the gemstones used in each piece, variations in color, cut, size and shape may/will differ from piece to piece. Those variations are the reason that make each piece unique.

Cleaning jewelry

We recommend the use of a soft cloth with gentle rubbing. If needed jewelry can be washed in warm water with a mild detergent. Completely dry with a soft, nonabrasive cloth before storing. If you need something more effective to clean your jewelry, we recommend you use specialist silver polishing cloths. These cloths will help bring your jewelry back to life daily, essentially lifting off dirt, grease, and fingerprints. Simply rub over your jewelry to achieve best results. Tarnished jewelry could be chemically cleaned using tarnish removing solution or polish. For better results clean away grease and dirt with warm soapy water and chemically clean with a tarnish removing solution or polish. Carefully read the instructions on the solution you are using. Take special care when cleaning jewelry with gemstones as some chemicals could damage them and change their appearance. If your pieces are heavily tarnished and you don’t have the time to clean them, we advise you take them to a professional silver cleaner.

We do not take any responsibility for damage which ensues from your action

11) USER CONTENT

Content Responsibility.

The website permits you to share content, post comments, feedback, etc. but you are solely responsible for the content posted by you. You represent that you have required permission to use the content.

When posting content to the website, please do not post content that:

  • contains ill-mannered, profane, abusive, racist, or hateful language or expressions, text, photographs, or illustrations that are pornographic or in poor taste, inflammatory attacks of a personal, racial or religious nature.

  • is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains exaggeration or unsubstantiated claims.

  • violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community.

  • discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation, or disability, or refers to such matters in any manner prohibited by law.

  • violates or inappropriately encourages the violation of any municipal, state, federal, or international law, rule, regulation, or ordinance.

  • uses or attempts to use another's account, password, service, or system except as expressly permitted by the Terms of use uploads or transmits viruses or other harmful, disruptive, or destructive files.

  • sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual or repeats prior posting of the same message under multiple emails or subjects.

  • Any submitted content that includes, but is not limited to the following, will be refused. If repeated violations occur, we reserve the right to cancel user access to the website without advanced notice.

12) INTELLECTUAL PROPERTY

You agree that the Website and all Services provided by us are the property of Alessandra Yu LLC, including all copyrights, trademarks, trade secrets, patents, and other intellectual property ("Our IP"). You agree that we own all rights, title, and interest in and to the Our IP and that you will not use Our IP for any unlawful or infringing purpose. You agree not to reproduce or distribute Our IP in any way, including electronically or via registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without express written permission from us.

  • To make the Website and Services available to you, you hereby grant us a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit and make derivative works of any content you publish, upload, or otherwise make available to the Website ("Your Content"). We claim no further proprietary rights in your Content.

  • If you feel that any of your intellectual property rights have been infringed or otherwise violated by the posting of information or media by another of our users, please contact us and let us know.

13) COPYRIGHT

All content included in or made available through any Alessandra Yu LLC, such as text, graphics, logos, button icons, images, digital downloads, data compilations, and is the property of Alessandra Yu LLC or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Alessandra Yu LLC is the exclusive property of Alessandra Yu LLC and protected by Us. and international copyright laws.

Copyright Infringement

We do not allow any content that infringes copyright. The use of copyrighted content of others without proper authorization or legally valid reason may lead to a violation of Alessandra Yu LLC 's policies.

At the same time, not all unauthorized uses of copyrighted content constitute an infringement. Exceptions to copyright infringement, such as the fair use doctrine or other applicable laws, allow use of copyrighted work under certain circumstances.

Removal of Content; Suspension or Termination of Account

Any user content that infringes another person’s copyright may be removed. The account may be suspended or terminated for multiple copyright violations in connection with the use of the Alessandra Yu LLC site, or other violations of the Terms of Service and Community Guidelines. We reserve the right to refuse any account holder whose account was used for improper activities from opening a new account on Alessandra Yu LLC site, or otherwise hosted by Alessandra Yu LLC.

Copyright Infringement Notification

a.     Contacting the user directly may resolve your complaint more quickly and in a way that is more beneficial to you, the user, and our community. You may also file a Copyright Infringement Report.

b.     All complaints should contain the information requested in our online Copyright Infringement Report form. Failure to include necessary information may limit our ability to investigate your claims and may result in your complaint being denied.

c.      We may provide the account holder with your contact information, including the email address and the name of the copyright owner, and/or details of the complaint.

d.     Before submitting a notification, please be aware that intentionally submitting a misleading or fraudulent report may lead to liability for damages under section 512(f) of the United States Digital Millennium Copyright Act (DMCA) or similar laws as may be applicable in other countries.

Copyright Infringement Counter-Notification

  1. If you receive a copyright infringement notification that you believe to be in error or believe that you are authorized to use the content, you can reach out to the copyright owner directly to request a retraction.

  2. You may also provide us with a counter-notification via our Counter Notification Form. All counter-notification should contain the information requested in the Counter Notification Form. Failure to include necessary information may limit our ability to investigate your claims and may result in your counter-notification being denied.

  3. The counter-notification process will take time to complete, please be patient. During this time, the copyright claimant may file an action seeking a court order to keep the content down pursuant to the United States Digital Millennium Copyright Act (DMCA) or similar laws in other countries. Please note that we will forward the entire counter-notification to the original reporter, including any contact information you provide, in accordance with our Terms of Services and Privacy Policy. The claimant may use this information to file a lawsuit against you.

  4. If we do not receive notice that the original reporter is seeking a court order to prevent further infringement of the material at issue, we may replace or cease disabling access to the material that was removed if the material does not infringe on third-party copyright. The decision to re-post any material is at Alessandra Yu LLC sole discretion.

14) ACCEPTABLE USE

  • You agree not to use the Website or Services for any unlawful purpose, or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services, or general business of aleyujewelry.com.

  • You further agree not to use the Website or Services:

  • To harass, abuse, or threaten others or otherwise violate any person's legal rights.

  • To violate any of our intellectual property rights or any third party.

  • To upload or otherwise disseminate any computer viruses or other software that may damage the property of another.

  • To perpetrate any fraud.

  • To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme.

  • To publish or distribute any obscene or defamatory material.

  • To publish or distribute any material that incites violence, hate, or discrimination towards any group.

  • To unlawfully gather information about others.

15) REVERSE ENGINEERING & SECURITY

You agree not to undertake any of the following actions:

a) Reverse engineer or attempt to reverse engineer or disassemble any code or software from or on the Website or Services.

b) Violate the security of the Website or Services through any unauthorized access, circumvention of encryption or other security tools, data mining, or interference to any host, user, or network.

16) INDEMNIFICATION

You agree to defend and indemnify us and any of our affiliates (if applicable) and hold us harmless against any legal claims and demands, including reasonable attorney's fees, which may arise from or relate to your use or misuse of the Website or Services, your breach of this Agreement, or your conduct or actions. You agree that we shall be able to select its legal counsel and may participate in its defense if we wish.

17) EXCLUSION OF LIABILITY

You understand and agree that we (A) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties; and (B) shall not be responsible for any materials posted by us or any third party. You shall use your judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.

Further, we shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user using the aleyujewelry.com Website including loss of data or information or any kind of financial or physical loss or damage.

In no event shall Alessandra Yu LLC, nor its Owner, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful, or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content attained from the Service; and (iv) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we've been aware of the possibility of such damage, and even if a cure set forth herein is originated to have futile of its important purpose.

18) SPAM POLICY

You are strictly prohibited from using the Website or any of our Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.

19) THIRD-PARTY LINKS & CONTENT

We may occasionally post links to third-party websites or other services. You agree that we are not responsible for any loss or damage caused because of your use of any third-party services linked to or from Our Website.

20) MODIFICATION & VARIATION

We may, from time to time and at any time without notice to you, modify this Agreement. You agree that we have the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.

21) ENTIRE AGREEMENT

This Agreement constitutes the entire understanding between the Parties concerning any use of this Website. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website.

22) SERVICE INTERRUPTIONS

We may need to interrupt your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that we shall have no liability for any damage or loss caused because of such downtime.

23) TERM, TERMINATION & SUSPENSION

We may terminate this Agreement with you at any time for any reason, with or without cause. We specifically reserve the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of us or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material.

24) “AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

25) NO WARRANTIES

You agree that your use of the Website and Services is at your sole and exclusive risk and that any Services provided by us are on an "As Is" basis. We hereby expressly disclaim any express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Website or Services will meet your needs or that the Website or Services will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. You agree that any damage that may occur to you, through your computer system, or because of the loss of your data from your use of the Website or Services is your sole responsibility and that we are not liable for any such damage or loss.

26) LIMITATION ON LIABILITY

We are not liable for any damages that may occur to you because of your use of the Website or Services, to the fullest extent permitted by law. This section applies to any claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.

27) GENERAL PROVISIONS:

  1. JURISDICTION, VENUE & CHOICE OF LAW: The terms herein will be governed by and construed by the laws of United States without giving effect to any principles of conflicts of law. The Courts of United States shall have exclusive jurisdiction over any dispute arising from the use of the Website.

  2. ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased, or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, be assigned, sold, leased, or otherwise transferred by us, the rights, and liabilities of aleyujewelry.com will bind and inure to any assignees, administrators, successors, and executors.

  3. SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such a condition, the remainder of this Agreement shall continue in full force.

  4. NO WAIVER: If we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.

  5. HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.

  6. NO AGENCY, PARTNERSHIP, OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties because of this Agreement. No Party has any authority to bind the other to third parties.

  7. FORCE MAJEURE: We are not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature, and natural disasters, and other acts which may be due to unforeseen circumstances, i.e., COVID-19!

8.     ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail. For any questions or concerns, please use the contact us form on the website or email us info@aleyujewelry.com

 

Alessandra Yu LLC

United States

This document was last updated on November 6, 2021