Terms and Conditions
Please read these terms of website use ("the Terms") carefully before using the website at www.amandapearl.com (the "site"). Access to and use of the site and its related services is subject to these Terms and by using the site, you agree to be bound by these Terms without modification. Amanda Pearl ("we"/"us") reserves the right to make changes to the site and/or the Terms at any time. Your continued use of the site following such change shall signify your agreement to be bound by the modified Terms.
We aim to ensure that the site is normally available 24 hours a day, but this cannot be guaranteed and access may be temporarily suspended without notice. We shall not be liable if for any reason it is unavailable at any time or for any period.
As you browse Amandapearl.com, advertising cookies will be placed on your computer so that we can understand what you are interested in. Our display advertising partner, AdRoll, then enables us to present you with retargeting advertising on other sites based on your previous interaction with Amandapearl.com. The techniques our partners employ do not collect personal information such as your name, email address, postal address, or telephone number. You can visit this page to opt out of AdRoll’s and their partners’ targeted advertising.
Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. These works are protected by copyright laws, and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any pages from our site for your personal reference. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
You must not use any part of the materials on our site for commercial purposes without obtaining a separate license to do so from us. These Terms do not grant that license.
While we try to ensure that all details and material on this site is accurate, complete and up-to-date, errors may occur from time to time and we accept no responsibility for any inaccuracy or omissions in the material, nor for any reliance placed upon it by any visitor to our site, or by anyone who may be informed of any of its contents.
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we and third parties connected to us hereby expressly exclude: (i) all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity, (ii) any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
We may revise these Terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you.
If you have any concerns about material that appears on our site, please contact us via email. These Terms and Conditions of Supply are the terms and conditions on which Amanda Pearl will supply our products listed on our website www.amandapearl.com (the "Products") to you. Please read these terms and conditions carefully before ordering Products from our site. You should understand that by ordering any of the Products, you agree to be bound by these terms and conditions and if you do not accept these terms and conditions, you will not be able to order the Products from us.
You agree that any and all comments, messages, postings, data, suggestions, creative ideas, designs, concepts, product suggestions and other items or materials disclosed, submitted or offered to Amanda Pearl through or in connection with this Site ("Submissions"), including, but not limited to, survey responses, shall be treated as non-confidential and not proprietary and shall become, and remain, Amanda Pearl’s property. Such disclosure, submission or offer of any Submission shall constitute an assignment to Amanda Pearl of all rights, title and interests in all copyrights and other rights in the Submission. Amanda Pearl is, and shall be, under no obligation (i) to maintain any Submission in confidence; (ii) to pay to anyone any compensation for or in connection with the use of any Submission; or (iii) to respond to any Submission. You represent and warrant that no Submission by you will violate any right of any third party, including, but not limited to, copyright, trademark, patent, trade secret, privacy or other personal or proprietary right. By making any Submission through, in connection with or related to this Site, you agree that Amanda Pearl has the right (but not the obligation) to copy, publish, distribute or use such Submission, or any part or parts thereof, for any purpose, including, but not limited to, advertising, promotional, product development or other commercial purposes, without compensation to you or to any other person.
You are and shall remain solely responsible for the content of any Submission you make.
How The Contract Is Formed Between You And Us
After placing your order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
All credit card transactions on this site are processed using Elavon, a secure online payment gateway, which encrypts your card details in a secure host environment. Amanda Pearl does not hold your credit card details on the website.
Our products are handmade with delicate materials. Please note that all stones and silks are subject to natural imperfections and different colorations. The Amanda Pearl products depicted in this Site are representative of the Amanda Pearl collection. Not all Amanda Pearl products are shown in this Site. Not all products that are shown in this Site are, or will be, available at stores. The style, designs and colors of the products shown in this Site may be changed without notice.
We accept Visa, Mastercard, and American Express cards. Prices do not include delivery costs, which will be added to the total amount due at the amounts shown.
Amanda Pearl insures each purchase during the time it is in transit until it is delivered to you. You will be asked to sign for any goods delivered at which point responsibility for your purchased goods passes to you.
We warrant to you that the Product purchased from us is of satisfactory quality. Our liability in connection with any such Product is strictly limited to the purchase price of that Product.
We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Transfer Of Rights And Obligations
The Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default.
If any of these terms and conditions or any provisions of a Contract (including any provision in which we exclude our liability to you) are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
This Site may contain links to other sites. Amanda Pearl is not responsible for the availability of, or any content or material contained in, or obtained through, any such sites. Any link to another site, and reference to third-party information, products or services linked to this Site, is not, and should not be construed as, an express or implied endorsement by Amanda Pearl. Any questions or comments relating to such other sites should be addressed to the operator or operators of those sites.
You agree to defend, indemnify and hold harmless Amanda Pearl, its affiliates and their officers, directors, employees and shareholders from and against any and all claims, damages, losses, costs and expenses, including, but not limited to, reasonable attorneys' fees and court costs, arising from or related to your use of this Site.
These Terms and your use of this Site shall be governed under the laws of the State of New York, without regard to its conflict of law principles. Any dispute arising under these Terms or out of your use of this Site shall be resolved exclusively by the state and federal courts of the State of New York. By using this Site, you hereby agree to the personal jurisdiction of, and venue in, such courts.