Last Updated: December 1, 2007.
Welcome to MystiqueJewelers.com, your online store location. We have prepared the information below to ensure that your experience of our website is one you’ll want to repeat. Mystique Fine Jewelry provides this site as a service to its customers. Please review the following basic rules that govern your use of our site. Please note that your use of our site constitutes your agreement to follow and be bound by these terms. If you do not agree to these terms, please do not use this site. Mystique Fine Jewelry may revise this agreement at any time, at its sole discretion, by posting an amended Agreement on the site. Any changes that we make to this Agreement will be effective immediately upon posting. Please check this page periodically for changes to the Agreement; you will be able to determine if this Agreement has been changed since your previous visit by viewing the Last Updated information that appears at the top of this Agreement. Should you have any questions concerning any of our policies, please contact us via firstname.lastname@example.org or by phone 1.703.836.1401.
INFORMATION COLLECTION AND USE
Mystique Fine Jewelry Designs is committed to ensuring the privacy of its customers. We will not collect, share or sell any information other than as explained in this statement.
During registration, users are asked to give their contact information (such as name and email address). We may use this information to contact you regarding your order. A user’s billing and shipping information is not requested during registration. Users may update their billing information through their account profile and billing information will automatically be saved to the profile upon checkout. Shipping information can be entered by registered users using their Address Book (within My Account) or can be saved to their Address Book during checkout. Users may update their contact and other personal information through the My Account feature. Unless you ask us not to do so (by unchecking the designated box during registration, or opting out later as explained below), we may use the information collected to send you, from time to time, additional promotional materials.
We also request information on the order form when you are placing an order on our site. Here we ask for contact information (like name and shipping address) and financial information (credit card number and expiration date). The information is used for billing purposes and to fill customers’ orders. If we have trouble processing your order, this contact information is used to get in touch with you.
We contract with a company that works on our behalf to analyze certain personal and non-personal information. This service allows us to better provide our product or services to you. The company with which we contract does not have any right to use the information we provide to them beyond what is necessary to assist us.
We do not send our own marketing information to an individual customer who has not explicitly elected to receive marketing contact. We do not share our marketing contact elected customer’s information with third party marketing partners for third-party direct marketing purposes. Once we have received and processed an unsubscribe/opt-out request from an individual customer all marketing contact from Mystique Fine Jewelry Designs will cease. You may submit this type of opt-out request by e-mail with the word “Remove” in the subject line. Please allow up to two weeks for your request to be processed.
A cookie is a piece of data stored on the user’s hard drive containing information about the user. Mystique Fine Jewelry Designs uses a cookie to store your email address so that we can auto-detect a returning user to the site. Cookies can be used to let users auto-login. Once the user closes their browser, the cookie simply terminates. For instance, by setting a cookie on our site, the user would not have to log in with a password more than once, thereby saving time while on our site. If a user rejects the cookie, the only drawback is that the user will be limited in certain non-secure areas of our site. Cookies also enable us to track and target the interests of our users to enhance the experience on our site. We use IP addresses to track only aggregate information regarding site traffic. We do not collect any personal information via a user’s IP address.
We guarantee shopping at MystiqueJewelers.com is safe. We employ Verisign © SSL (Secure Socket Layer) encryption to ensure the security of your information.
TERMS & CONDITIONS – LEGAL INFORMATION
This site is expressly owned and operated by Mystique Fine Jewelry Designs. The address for Mystique Fine Jewelry Designs, 211 The Strand Waterfront, Alexandria, VA 22314.
Unless otherwise noted, all design and content featured on MystiqueJewelers.com including URL.s, navigational buttons and images, artwork, graphics, photography, text, and the like are copyrights, trademarks, trade dress, and/or intellectual property that are owned, controlled, or licensed by Mystique Fine Jewelry Designs. This site in its entirety is protected by copyright and applicable trade dress. All worldwide rights, titles, and interests are reserved. The contents of our site and the site as a whole are intended solely for your personal, noncommercial use. Any use of our site and its content for purposes other than personal and noncommercial is prohibited without the prior written permission of Mystique Fine Jewelry Designs. You may not reproduce, publish, display, modify, sell, or distribute any of the materials from the site. You may, however, download or electronically copy and print any of the page contents displayed on the site, but please remember that these are available for your personal, noncommercial use only. Should you choose to download, copy, or forward any site materials via email, no right, title, or interest in those materials will be transferred to you.
Our internet pages are merely an invitation for you to make us an offer to buy the items described on these pages. When you submit an order it constitutes an offer for us, which we accept only by shipping the item(s) ordered. Internet orders generate an automatic order confirmation e-mail. These automatic order confirmation e-mails do not constitute our acceptance of the offer, and are subject to correction prior to shipment due to inaccuracies, errors, product discontinuation or unavailability, or any other reason.
We endeavor to present the most recent, most accurate, and most reliable information on our site at all times. However, there may be occasions when some of the information featured on MystiqueJewelers.com may contain incomplete data, typographical errors, or inaccuracies. Any errors are wholly unintentional and we apologize if erroneous information is reflected in merchandise price, specifications or item availability, or in any way affects your individual order. Please be aware that we present our content ‘as is’ and Mystique Fine Jewelry Designs makes no claims to its accuracy, either expressed or implied. We reserve the right to amend errors or to update product information at any time without prior notice.
In the event an Mystique Fine Jewelry Designs product is listed at an incorrect price due to photographical error, typographical error or error in pricing information received from our suppliers, Mystique Fine Jewelry Designs shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. Mystique Fine Jewelry Designs shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Mystique Fine Jewelry Designs shall issue a credit to your credit card account in the amount of the incorrect price.
You agree to indemnify, defend, and hold harmless Mystique Fine Jewelry Designs, its officers, directors, employees, agents, affiliates, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from (1) any violation of these terms and conditions, (2) any allegation that any information or material submitted by you to Mystique Fine Jewelry Designs violates any intellectual property, proprietary, contract, or other right of any third party, or (3) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your account.
Given the unpredictability of technology and the online environment, Mystique Fine Jewelry Designs does not warrant that the function or operation of this site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available will be free of viruses or other harmful elements. As a visitor to, and user of, this site, you must assume full responsibility for any costs associated with servicing of equipment used in connection with use of our site. As a visitor to, and a user of, this site, you, in effect, agree that your access will be subject to the terms and conditions set forth in this legal notice and that access is undertaken at your own risk. THE SITE AND THE MATERIALS ON THE SITE ARE PROVIDED ‘AS IS’ AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Mystique Fine Jewelry Designs AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
Limitation of Liability
NEITHER Mystique Fine Jewelry Designs NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR MATERIALS CONTAINED ON THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR MATERIALS IS TO STOP USING THE SITE AND/OR MATERIALS. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO Mystique Fine Jewelry Designs FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, RELATED IN ANY WAY TO YOUR ACCESS OF THE THIS WEBSITE SHALL BE $100.
We reserve the right to immediately terminate this agreement, and/or your access to and use of the site or any portion thereof, at any time and for any reason, with or without cause. Mystique Fine Jewelry Designs shall have no liability for termination of this agreement. Upon termination of this agreement, your right to use the site shall immediately cease.
This Agreement is governed by and construed in accordance with the laws of the State of Virginia, United States of America, without regards to its principles of conflicts of law. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the County of Arlington, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between us with respect to such subject matter. This Agreement is not assignable, transferable or sublicenseable by you except with Company’s prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.