bella j., LLC (“Company,” “we”, or “us”) provide access to the bella j. website, currently located at bellaj.com (“Site”), and certain, features, functionality, and services offered by us in connection with the Site (“Services”). These terms and conditions (“Terms”) govern your access and use (as a registered user or otherwise) of the Site and the Services. By accessing or using the Site, you accept and agree to be bound by these Terms. If you do not agree, you may not access or use the Site or the Services.
Subject to these Terms, we grant you a limited, non-exclusive, nontransferable personal license to (a) access and use the Site and Services.B. Registration and Accounts
In order to use certain features of the Site or Services, you may be required register for an account with us (“Account”) and provide certain information about yourself as prompted by the Site registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.C. Privacy
The rights granted to you by these Terms will remain in force only for so long as these Terms remain in effect. You may not rent, transfer, assign, commercially exploit, resell or sublicense access to the Services to any third-party. You may use the Site and the Services only for your personal, non-commercial purposes. You further agree not to combine or integrate the Site and the Services with hardware, software or other technology or materials not provided by us. You may not modify or create any derivative product based on the Site, the Site and the Services. You may not decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any component of the Site and the Services is compiled or interpreted, and nothing in these Terms should be interpreted as granting you any right to obtain or use source code. Except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site or Services shall be subject to these Terms. You agree not to use the Site and the Services to: (a) violate any local, state, national or international law; (b) stalk, harass or harm another individual; (c) collect or store personal data about other users; (d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or (e) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services. Without our written consent, you may not (i) use any high volume, automated, or electronic means to access the Services (including, without limitation, robots, spiders or scripts); or (ii) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages. You promise that any information about yourself that you voluntarily provide to us will be true, accurate, complete and current.E. Third-Party Offering
You may be able to access websites, content, products or Services provided by third-parties through links that are made available on the Site. We refer to all such websites, content, Services and products as “Third-Party Offerings.” For example, we may permit third parties to advertise their products and Services on the Site, and those advertisements may contain links to the website(s) of the advertisers. If you elect to use such Third-Party Offerings, you understand that your use of them will be subject to any terms and conditions required by the applicable third-party provider(s). You understand that we are not the provider of, and are not responsible for, any such Third-Party Offerings and that these Terms do not themselves grant you any rights to access, use or purchase any Third-Party Offerings.F. Ownership
As between you and us, we and/or our vendors and suppliers, as applicable, retain all right, title and interest in and to the Site and the Services, and all related intellectual property rights. We and our suppliers reserve all rights not granted in these Terms. Unless you first obtain the copyright owner’s prior written consent, you may not copy, distribute, publicly perform, publicly display, digitally perform (in the case of sound recordings), or create derivative works from any copyrighted work made available or accessible via the Site or the Services. If you provide us with any feedback or suggestions regarding the Site or Services (“Feedback”), you hereby assign to us all rights in the Feedback and agree that we shall have the right to use such Feedback and related information in any manner it deems appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.
All trademarks, logos and Services marks (“Marks”) displayed on the Site or Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
All products listed on the Site (“Products”), their descriptions, and their prices are each subject to change. We reserve the right, at any time, to modify, suspend, or discontinue the sale of any Product with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Product (except as expressly set forth herein). In the event a Product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or Product information received from our suppliers, we shall have the right, prior to the acceptance of your order (as described below), to decline or cancel any such orders, whether or not the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the order and we cancel your order, we shall immediately issue a credit to your credit card account in the amount of the charge.B. Orders
When you make an order, you are making an offer to purchase, and such offer is subject to our acceptance. Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline or cancel your order (in whole or in part) for any reason. We may require additional verifications or information before accepting any order. Your order is not accepted until we send you shipping information for the order (or the accepted portion thereof). Notwithstanding the foregoing, you agree that, if we cancel all or a part of your order, your sole and exclusive remedy is either that (a) we will issue a credit to your credit card account in the amount charged for the cancelled portion (if your credit card has already been charged for the order) or (b) we will not charge your credit card for the cancelled portion of the order.D. Payment Terms
For each Product you order on the Site, you agree to pay the price applicable for the Product as of the time you submitted your order (“Product Price”), the delivery fees for the delivery Services you select (“Delivery Fees”), and any applicable Taxes (defined below). We will automatically bill your credit card submitted as part of the order process for such amounts and you hereby authorize us to do so. You will be solely responsible for payment of all taxes (other than taxes based on our income), fees, duties, and other governmental charges, and any related penalties and interest, arising from the Product purchase (“Taxes”) not withheld by us. All payments are non-refundable (except as expressly set forth herein).E. Shipping Policy
Products will be shipped in accordance with the shipping method you selected when placing the order. Any delivery dates provided by us are estimates. We reserve the right to make deliveries in installments. We will send you an email when your order has shipped and you may review your order and shipping information on your Account. We reserve the right to charge an additional $15 shipping fee if you request that any Products be re-shipped, whether because you originally submitted an incorrect address when you placed your order with the us or otherwise. Accordingly, please be sure and review the shipping information you submit very closely to ensure it is accurate.F. Return Policy
1. Returns: Unless any additional terms that apply to the sale of a given Product state that any sales of such product are final (“Final Sale”), we will accept returns only for store credit and only in accordance with the Return Procedures below. If a Product sale is a Final Sale, then the sale is final and no returns will be accepted. Provided that we confirm that your Product was not a Final Sale and was returned in accordance with the Return Procedures below, your sole and exclusive remedy is that we will issue you a store credit in the amount charged for the applicable Product; provided that the credited amount will not include the applicable Delivery Fee, which is nonrefundable. Store credit may only be used for future purchase of Products on the Site (excluding gift cards) and are not transferable.
2. Exchanges: We do not accept any Product exchanges.
3. Damaged Products: If the Product arrives damaged (“Damaged Product”), we will accept returns for a full refund only in accordance with the Return Procedures below. Provided that we confirm that your Product was a Damaged Product and was returned in accordance with the Return Procedures below, your sole and exclusive remedy is that (a) we will issue a refund to your credit card in the amount charged for the Damaged Product (if your credit card has already been charged for the Product) or (b) we will not charge your credit card for the Damaged Product. The refunded amount will include the applicable Delivery Fee.
4. Return Procedures: The following sets forth the required “Return Procedures”: All returns must be made within 14 days after the Product shipment date. All returned Products must be unused and returned in accordance with the instructions received from contacting customer services at firstname.lastname@example.org. You are solely responsible for the cost of shipping the returned Product. All Products not returned in accordance with the Return Procedures shall be sent back to you and no credit or refund will be issued.G. Promotion
Please read the official rules that accompany each special offer, coupon, or discount that we may offer. Special offers, coupons, or discounts cannot be used in conjunction with other offers. Limit one promotion per order.
Our candle products each contain a hidden collectible charm, such as a bracelet or necklace. These hidden items generally have a suggested retail value of between $10 and $450. A limited number of our candle products (approximately 1 in 25,000) may contain charms with real diamonds that have a suggested retail value of up to $10,000. You should be aware that your receipt of any such items of value may subject you to certain tax obligations (e.g. the payment of local, state, federal and/or other taxes with respect to such items), for which you will be solely responsible. In certain instances, we may (but shall not be obligated to) accept returns of such items (upon such terms and conditions as we may determine in our sole discretion) if you determine that you would prefer to return an item of value rather than be subject to any tax liability that you may have by keeping such item. Without limiting the foregoing, with respect to any such return, we shall have no obligation to provide you with any refund, credit, shipping fees or other consideration of any kind for such return. If you are interested in making such a return, please contact customer services at email@example.com
THE SERVICES, THE SITE, ALL INFORMATION, CONTENT, MATERIALS AND SERVICES RELATED TO THE FOREGOING, AND THE PRODUCTS (EXCEPT AS EXPRESSLY SET FORTH HEREIN) ARE PROVIDED "AS IS" AND “AS AVAILABLE” AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE AND OUR AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, SYSTEM INTEGRATION AND ACCURACY OF DATA. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE PRODUCT, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. WE AND OUR AFFILIATES DO NOT WARRANT THAT YOUR USE OF THE SITE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS FREE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM RELIANCE UPON THE SITE OR SERVICES, AND YOU ARE ADVISED TO MAINTAIN OFFLINE BACKUP COPIES OF ALL USER CONTENT. WE ARE NOT THE PROVIDER OF, AND MAKE NO WARRANTIES WITH RESPECT TO, ANY THIRD-PARTY OFFERINGS. WE DO NOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE SITE OR SERVICES; AND YOU AGREE TO ASSUME THE SECURITY RISK FOR ANY INFORMATION YOU PROVIDE USING THE SITE OR SERVICES. NO REPRESENTATION OR WARRANTY IS MADE THAT THE SITE OR SERVICES PROVIDE COMPREHENSIVE OR ACCURATE INFORMATION. WE RESERVE THE RIGHT TO FILTER, MODIFY OR REMOVE CONTENT, MEDIA, INFORMATION OR ANY OTHER MATERIAL FROM THE SITE OR SERVICES AND FROM THE OUTPUT OF THE SITE OR SERVICES.B. Limitation of Liability
USE OF OUR SERVICES, THE SITE, AND/OR THE PRODUCTS ARE AT YOUR OWN RISK. IN NO EVENT WILL WE OR OUR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES IN CONNECTION WITH THESE TERMS, THE SERVICES, THE SITE, OR THE PRODUCTS, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF WE WERE ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THESE TERMS, THE SERVICES, THE SITE, OR THE PRODUCTS EXCEED THE GREATER OF (1) FIFTY DOLLARS (U.S. $50.00) OR (2) THE AMOUNTS YOU HAVE PAID TO COMPANY IN THE PRIOR 6 MONTHS HEREUNDER.
YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND US RELATING TO THE PROVISION OF THE SITE, THE SERVICES, AND THE PRODUCTS TO YOU, AND WE WOULD NOT PROVIDE THE SITE OR SERVICES OR PRODUCTS TO YOU WITHOUT THIS LIMITATION.D. Indemnification
YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND, AT OUR OPTION, DEFEND OUR COMPANY (INCLUDING OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS AND ANY THIRD-PARTY INFORMATION PROVIDERS) FROM AND AGAINST ALL DAMAGES, CLAIMS, DEMANDS, LIABILITIES, COSTS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OR APPLICABLE LAW OR YOUR USER CONTENT.
These Terms will become effective and binding when you use the Site or Services, when you voluntarily provide any information about yourself to us, or when you indicate your agreement by following any instructions we place on the Site (such as buttons labeled “I Agree”) (whichever occurs first). We reserve the right to terminate these Terms, your Account, and your access to the Site and the Services at any time without notice. You may delete your Account at any time, for any reason, by following the instructions on the Site. If we have suspended or terminated these Terms, your Account, the Site, or the Services other than for your breach of these Terms, we will refund you a pro-rata share of any amounts you have pre-paid for a Subscription to the Services (if any). You understand that any termination of your Account may involve deletion of your User Content associated therewith from our live databases. Your rights under these Terms will automatically and immediately terminate if you fail to comply with your promises and obligations stated in these Terms.
These Terms shall be governed by the laws of the State of New York without giving effect to any conflict of laws principles that may require the application of the law of another jurisdiction. Any action or proceeding relating to a claim or controversy at law or equity that arises out of or relates to these Terms or the Site or Services (a “claim”) must be brought in a federal or state court located in New York County and each party irrevocably submits to the exclusive jurisdiction and venue of any such court in any such action or proceeding, unless such claim is submitted to arbitration as set forth below. Notwithstanding anything to the contrary, we may seek injunctive relief in any court having jurisdiction to protect its intellectual property or confidential or proprietary information. You agree that any claim or cause of action related to the Site, the Services, the Products and/or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.B. Modifications to Terms; Additional Terms
We reserve the right to modify the Site and/or Services at any time without notice. If you object to any changes to the Site or Services, your sole recourse will be to cease using the Site and Services. Continued use of the Site or Services following posting of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as so modified. We also reserve the right to discontinue the Site and/or Services at any time without notice. We will not be liable to you or any third-party should we exercise our right to modify or discontinue the Site or the Services, except and if otherwise expressly set forth herein.D. Miscellaneous Terms
You agree to comply with all laws, rules and regulations that apply to your use of the Site, the Services and the Products. Any delay or failure by us to exercise or enforce any right or provision of these terms will not constitute a waiver of such right or provision. If any provision of these terms is found by a court of competent jurisdiction to be invalid, you agree that the court should endeavor to give effect to the intentions reflected in the invalid provision, and the other provisions of these Terms shall remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word including means including without limitation. These Terms constitute the entire agreement between you and us with regard to the matters described above. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
Questions or concerns email us at firstname.lastname@example.org or call 917.238.4477
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