Terms of Purchase

INTRODUCTION

This Agreement sets forth the terms of purchase of products from J. Gorman Fine Jewelry.

By placing your Order with J. Gorman Fine Jewelry, by clicking “accept/purchase/pay now,” you agree to be bound by this Agreement. If you do not agree with these terms, you should leave the J. Gorman Fine Jewelry website and discontinue use of the products immediately.

In these terms and conditions, “We/us/our/[d/b/a]” means J. Gorman Fine Jewelry. “You/your” means you as a user of the Website and/or Customer of the products.

REFUNDS, EXCHANGES, RESIZING

All custom pieces are made to order, and are not eligible for refund. We have a 30 day money back guarantee on all jewelry purchased.

For Exchanges or resizing:

J. Gorman Fine Jewelry

170 S. Main Street

Lakeport CA, 95453

All jewelry custom designed by J. Gorman Fine Jewelry is eligible for 1 complimentary resizing. For jewelry purchased online, you may incur re-sizing fees.

SHIPPING INFORMATION

All shipping is done via USPS First Class Mail. We offer a few shipping options:

Ground — $5 flat rate

2nd Day — $21 flat rate

Overnight – $34 flat rate

THE PRODUCT

Ready made jewelry, custom designed jewelry, or services offered for sale on JGormanFineJewelry.com

PAYMENT POLICY

Payment is required upfront, as indicated on your Order form. Please check the details of your Order form or Order page for the information specific to your order. You agree to pay the amount agreed (including an additional fees on the Order form or Order page) and not to cancel this transaction with your bank or credit card company. J Gorman Fine Jewelry is not responsible for any overdraft charges, over limit charges, or NSF fees charged by your bank or credit card company.

MEDICAL DISCLAIMER

Use of the Product covered by this Agreement and any content provided therein is at your own risk. J. Gorman Fine Jewelry and its employees and agents are not responsible for any physical or non-physical damages imagined, perceived, or otherwise sustained as a result of the use of the Product or any content provided as part of the Product.

RELATIONSHIP

Nothing contained in this Agreement shall be interpreted or construed to create a joint venture, partnership, employment or agency relationship of any kind.

MODIFICATION

J. Gorman Fine Jewerly may modify this Agreement from time to time and without notice. You agree to be bound by the terms of this Agreement and any future modifications when such modifications are posted to the J Gorman Fine Jewelry website. You should review this Agreement regularly during the use of the Product or Program or Services to keep apprised of any changes.

ASSIGNMENT

No assignment of this Agreement is permitted, without prior written permission from J. Gorman Fine Jewelry. Any attempt to do so shall constitute a default or violation of this Agreement which shall be immediately void J. Gorman Fine Jewelry’s rights and obligations, in whole or in part, under this Agreement may be assigned or transferred by J. Gorman Fine Jewelry.

THIRD PARTY BENEFICIARIES

This Agreement is solely for the benefit of the parties and their successors and permitted assigns, and does not confer any rights or remedies on any other person or entity.

GOVERNING LAW

This Agreement and any action related thereto shall be governed by the laws of the State of California without regard to its choice of law principles. The parties consent to exclusive jurisdiction and venue in federal and state courts sitting in San Francisco, California.

DISPUTES

In the event that a dispute arises pursuant to this Agreement, either Party may submit a written demand to the other that the dispute be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in San Francisco, California. The foregoing shall not prevent J. Gorman Fine Jewelry from seeking injunctive relief in a court of competent jurisdiction.

FORCE MEJEURE

If a party is prevented from fulfilling its obligations under this Agreement for one of the following reasons beyond the party’s reasonable control, including due to a national environmental or military emergency, such as fire, flood, explosion, war, strike, embargo, government regulation, or civil or military authority, or acts or omissions of carriers, transmitters, providers, vandals, or hackers (a “force majeure event”), the time for that party’s performance will be extended for the period of the delay or inability to perform due to such occurrence; provided, however, that You will not be excused from payment of any sums of money owed by you to J. Gorman Fine Jewelry; and provided further, however, that if a party suffering a force majeure event is unable to cure that event within thirty (30) days, the other party may terminate this Agreement.

CONSTRUCTION

This Agreement shall be construed fairly and not interpreted for or against either party. Any remedies available to J. Gorman Fine Jewelry including any set forth in this Agreement, are not exclusive and are in addition to any other rights or remedies available to it at law or in equity.

BINDING EFFECT

This Agreement shall be binding upon, and inure to the benefit of the respective parties hereto, their successors, heirs, representatives, and permitted assigns.

DAMAGE WAIVER

Under no circumstances whatsoever shall either party be liable to the other for any incidental, consequential, indirect, special, exemplary, punitive or other damages under this Agreement. This provision applies even if such party has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained in this Agreement, J. Gorman Fine Jewelry liability to you for any cause whatsoever and regardless of the form of action, will at all times be limited to the amount paid, if any, by you to J. Gorman Fine Jewelry for the services during the term of the Program or membership.

INTELLECTUAL PROPERTY

All materials provided to you as part of your Product which are the subject of this Agreement are proprietary and may not be duplicated, copied, reproduced, published or displayed in any form without the prior express written permission of J. Gorman Fine Jewelry. You may not re-use, perform, modify, transmit, re-post or use in any way the content or any derivative works thereof, without the prior express written permission of J. Gorman Fine Jewelry. All trademarks, logos, and service marks displayed on any materials provided as part of your Product under this Agreement are protected by US and International copyright and Intellectual Property laws. Access to any materials or content online or otherwise as part of the Product or Program or Services subject to this Agreement should not be construed as granting any license or right to use said content, including trademarks, logos and service marks of 418 Media, LLC or any third-party.

You agree to the terms and conditions of the Terms of Use Agreement found at www.JGormanFineJewelry.com

PRIVACY

You agree to the terms and conditions of the Privacy Policy found at JGormanFineJewelry.com.

WAIVER

The waiver by either party of any breach or default in performance shall not be deemed to constitute a waiver of any other or succeeding breach or default. The failure of any party to enforce any of the provisions herein shall not be construed to be a waiver of the right of such party thereafter to enforce such provisions.

SEVERABILITY

If any provision of this Agreement, or any portion thereof, is held to be invalid and unenforceable, then the remainder of this Agreement shall nevertheless remain in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

INDEMNITY

You agree to indemnify, defend and hold harmless J. Gorman Fine Jewelry, its subsidiaries, affiliates, and their officers, managers, employees, agents, attorneys, employees, representatives or assigns from any claims, liability, damages, losses, harm, costs and expenses, including legal fees and expenses or any other detriment incurred by You in any claims arising out of this Agreement, your use of the Services, any breach of this Agreement, including breach of your representations and warranties set forth above, or if any content that you post or publish while using the Services causes 418 Media, LLC to be liable to a third party.

ENTIRE AGREEMENT

This Agreement represents the entire understanding and agreement of the parties relating to the Product purchased, and any and all prior agreements, understandings, and representations, whether express or implied, written or oral, regarding the Product or Program or Services, are of no further force and effect. In order to participate in certain portions of the Product or Program or Services, you may be notified that you may be required to agree to additional terms and conditions as the program is revised over time. You may receive a copy of this Agreement at any time by emailing J. Gorman Fine Jewelry at orders@jgormanfinejewelry.com and requesting a copy of your “Program Terms of Purchase.”

CONTACT

If you have any questions regarding this Agreement or any aspect of our services, please contact J. Gorman Fine Jewelry at jess@jgormanfinejewelry.com