Terms Of Use

Last Updated: August 2024

Application

1.1 Thank you for accessing and visiting our Online Store (“Online Store”) through our website www.abadejewelry.com (“Site” and, together with the Online Store, “Platform”). This Platform is provided by Abade Jewelry LLC, a limited liability company, headquartered in New York City, NY, USA. 1.2 These General Terms and Conditions of Use (“Term” or “Terms of Use”) aim to establish the general conditions for accessing and using our Platform by users (“user” or “you”). These Terms of Use apply to all users who visit, access, and use our Platform. These Terms of Use, as well as the Sales Policy, Payment Policy, Delivery Policy, Exchange and Return Policy, and Privacy Policy, also available on our Platform (separately or together, “Policies”), describe the terms and conditions applicable to your access and use of our Platform for the purchase, payment, delivery, exchange, and return of the items and products from Abade Jewelry LLC (“Products”). All Policies should be read and interpreted together as a single document. 1.3 The provisions contained in this Term and/or in our other Policies may be updated or modified at any time, at the sole discretion of Abade Jewelry LLC, and it is the user’s responsibility to check them whenever accessing the Platform. For changes that may significantly affect users, Abade Jewelry LLC will notify users via email and/or pop-up on our Platform. 1.4 You must read carefully and ensure you have understood all the conditions of our Policies before accessing and using our Site and purchasing our Products from our Online Store. 1.5 Whenever the terms “Platform,” “Online Store,” “Site,” “we,” “our,” “ours,” or “our” are mentioned in these Terms of Use or any of our other Policies available on the Site, we are referring to Abade Jewelry LLC. Similarly, whenever the terms “you,” “user,” “customer,” “consumer,” “your,” “yours,” “your,” or “yours” are mentioned, we are referring to you, our customer and user of the Site and our Online Store.

Description of the Platform

2.1 Our Platform is intended for the marketing of our Products. Access and use of our Platform are subject to the Terms of Use, our other Policies, and all applicable laws and regulations. 2.2 Access and use of our Platform are conditional on your acceptance and compliance with the Terms of Use, our other Policies, and all applicable laws and regulations.

Acceptance of the Terms of Use

3.1 Access to our Platform is voluntary and free, and each user acknowledges and agrees that by entering our Platform, creating your Online Account or Temporary Access, as indicated below in the section “Access to Our Online Store,” you declare and agree that you fully accept all Terms and Conditions, all of our other Policies available on our Platform, and the applicable legislation and regulations in effect at the date of creating your Online Account, Temporary Access, and/or placing an order for our Products, with no claims of ignorance being accepted. 3.2 If you do not agree with these Terms of Use and/or our other Policies, please do not register, access, use, register, or make any purchases on our Platform. If you have questions related to these Terms of Use or our other Policies, please contact us via email at contact@abadejewelryny.com.

Access to Our Online Store

4.1 To make any purchase in our Online Store, you must first create your online account (“Online Account”) or proceed directly with placing an order for our Products without creating your Online Account by requesting a temporary code to be sent to your email (“Temporary Access”). 4.2 The information provided when creating your Online Account or Temporary Access to our Online Store must be true, accurate, complete, and always kept up-to-date. 4.3 Upon completing the creation of your Online Account, you will be provided with an access account consisting of a login and password with at least 8 (eight) characters, including at least 1 (one) number, 1 (one) lowercase letter, 1 (one) uppercase letter, and 1 (one) special character. The login and password are confidential, personal, and non-transferable, constituting your personal signature and allowing confirmation of your identification and clear expression of your intention to access, use, or make purchases through our Online Store. They must not be shared, disclosed, or transmitted to third parties. 4.4 In the case of Temporary Access, the temporary access code will consist of 6 (six) random digits and will be sent to your email, expiring immediately after use to access our Online Store. It is confidential, personal, and non-transferable, constituting your personal signature and allowing confirmation of your identification and clear expression of your intention to access, use, or make purchases through our Online Store. The Temporary Access will expire immediately after accessing our Online Store with the temporary access code sent to your email. A new Temporary Access must be created through the same procedures mentioned above whenever you log out of our Online Store, whether or not you have made purchases of our Products. 4.5 At any time, your access to our Platform and/or Online Store, whether through your Online Account or Temporary Access, may be blocked, suspended, or canceled, as well as purchase orders may be blocked, suspended, or canceled, whenever there is suspicion or indication:
  • (i) of not providing true, accurate, complete, or updated information;
  • (ii) of disclosing, distributing, sharing, and/or using your login and password by third parties;
  • (iii) of unauthorized and improper appropriation, access, and use of your login and password by third parties;
  • (iv) in case of non-compliance with our Policies and/or applicable legislation and regulations;
  • (v) if there are indications of fraud, irregular use of our Online Store, or suspicious behavior;
  • (vi) existence of prior issues of any nature involving the use of our Online Store, purchase, or payment of our Products;
  • (vii) if we are unable to contact you using the contact information provided during the purchase process; or
  • (viii) for any other reason we deem reasonable, at our sole discretion.
4.6 You are solely and exclusively responsible for safeguarding your login and password or temporary access code, as applicable, as well as for all activities performed on our Platform through your Online Account or Temporary Access. You are also solely and exclusively responsible for complying with these General Terms and Conditions of Use, our other Policies, and all applicable legislation and regulations. 4.7 Your personal information and data collected will be handled, used, stored, and protected in accordance with our Privacy Policy and applicable legislation and regulations. 4.8 We are not responsible for any loss, expense, damage, or harm suffered by you resulting from:
  • (i) failure to provide true, correct, and updated information in your registration;
  • (ii) failure to update your registration information;
  • (iii) disclosure, distribution, sharing, or use of your login and password by third parties; and/or
  • (iv) unauthorized and improper appropriation, access, or use of your login and password by third parties.
4.9 Abade Jewelry LLC takes measures to ensure that the information accessed on its Platform is accurate, correct, and updated, reserving the right to change the content available on its Platform at any time, at its sole discretion and without prior notice. 4.10 In case of doubts about how your personal data is handled or if you wish to exercise your rights related to your personal data, please read the Privacy Policy of the Site.

User Rights and Obligations

5.1 The information provided at the time of creating your Online Account or Temporary Access must be true, complete, and updated. Your personal data will be collected and stored in accordance with Abade Jewelry LLC’s Privacy Policy, available at: www.abadejewelry.com. From time to time, we may request you to update or supplement the information provided. 5.2 The user agrees to use the Platform only for legal purposes and in accordance with the conditions set out in these Terms and our other Policies, agreeing not to:
  • (i) Use the Platform for illegal, harmful purposes, or in violation of current legislation, the rights of third parties, or these Terms and Policies.
  • (ii) Engage in inappropriate or abusive use of our Platform, including the use of automated methods to collect data.
  • (iii) Engage in any act that may harm, disable, overload, or damage the operation of the Platform.
  • (iv) Adopt behavior that could be considered fraudulent or harmful to the Platform or other users.
5.3 You agree to immediately notify Abade Jewelry LLC of any unauthorized use of your Online Account or Temporary Access and any security breaches you become aware of. 5.4 The user must keep their information updated and communicate any changes in registration immediately.

Intellectual Property

6.1 All intellectual property rights related to the Platform, including but not limited to texts, images, graphics, logos, trademarks, and other content, are the exclusive property of Abade Jewelry LLC or its licensors. Unauthorized use of any copyrighted material or registered trademarks is prohibited. 6.2 The user agrees not to reproduce, modify, distribute, transmit, display, or create derivative works from any part of the Platform without the prior written consent of Abade Jewelry LLC.

Limitation of Liability

7.1 Abade Jewelry LLC is not liable for any damage, loss, or harm resulting from the improper or unauthorized use of the Platform, including but not limited to data loss, service interruptions, security failures, or any other direct or indirect damages. 7.2 Abade Jewelry LLC does not guarantee that the Platform will always be available, free from errors, viruses, or other harmful components. The user is responsible for ensuring that their system is adequately protected against viruses and other harmful items.

Sales Policy

8.1 Our Sales Policy is an integral part of these Terms of Use and outlines the conditions for purchasing our Products. Please review our Sales Policy available on our Platform for detailed information on sales, pricing, and related matters.

Payment Policy

9.1 Our Payment Policy provides information on payment methods, terms, and conditions. Please review our Payment Policy available on our Platform for detailed information on payments and transactions.

Delivery Policy

10.1 Our Delivery Policy outlines the conditions for the delivery of our Products. Please review our Delivery Policy available on our Platform for detailed information on shipping and delivery processes.

Exchange and Return Policy

11.1 Our Exchange and Return Policy provides information on the conditions for exchanging or returning our Products. Please review our Exchange and Return Policy available on our Platform for detailed information on returns and exchanges.

Termination

12.1 Abade Jewelry LLC reserves the right to terminate or suspend your access to the Platform, Online Store, or any services if you violate these Terms of Use or our other Policies or if required by applicable law.

Governing Law and Dispute Resolution

13.1 These Terms of Use and any disputes arising from your use of the Platform will be governed by and construed in accordance with the laws of the State of New York, USA. 13.2 Any disputes arising from or related to these Terms of Use or your use of the Platform will be resolved by the competent courts of New York County, New York, USA.

Contact Us

14.1 For any questions, comments, or concerns regarding these Terms of Use, please contact us via email at contact@abadejewelryny.com.