RETURNS:
All merchandise shipped from JenniferMillerJewelry.com will be shipped via FedEx with signature upon delivery required. All merchandise must be shipped to the cardholder's billing address. We can not ship to P.O. boxes. At this time, JenniferMillerJewelry.com can only ship within the United States.
TERMS & CONDITIONS:
Privacy Policy Statement This is the web site of Jennifer Miller Jewelry.
Our postal address is 972 Lexington Avenue, New York, NY 10021
We can be reached via e-mail at websales@JenniferMillerJewelry.com or by telephone at 212.734.8199
For each visitor to our Web page, our Web server automatically collects certain non-personally identifying infortmation such as the user's I.P. Address, the type of browser used, pages visited, and the date and time of vist.
We collect the e-mail addresses of those who communicate with us via e-mail, information on what pages consumers access or visit, information volunteered by the consumer, such as survey information and/or site registrations, payment information (e.g., credit card number and billing address). No information on consumers who browse our Web page is collected.
The information we collect is used by us to contact consumers for marketing purposes and to assist us in improving our products and services.
We use cookies to store visitors preferences and record session information, such as items that consumers add to their shopping cart.
If you supply us with your postal address on-line it will only be used for the purpose for which you provided us your address.
From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future we will contact you before we use your data for these new purposes to notify you of the policy change and to provide you with the ability to opt out of these new uses.
With respect to security: We have appropriate technical and administrative security measures in place to protect against the loss, misuse or alteration of information that we have collected from you at our site.
ELECTRONIC COMMUNICATIONS
By visiting JenniferMillerJewelry.com or sending e-mails to us, you are communicating with us electronically and consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Jennifer Miller Jewelry reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
RISK OF LOSS
All items purchased from Jennifer Miller Jewelry are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
Jennifer Miller Jewelry attempts to be as accurate as possible. However, Jennifer Miller Jewelry does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Jennifer Miller Jewelry itself is not as described, your sole remedy is to return it in unused condition.
INDEMNITY
User agrees to indemnify, defend, and hold Jennifer Miller Jewelry harmless from any demand, claim, liability, cost and expense, including reasonable attorneys' fees, made by any third party due to or arising out of such User's breach of the Terms of Use or User's violation of any law or the rights of a third party.
User accepts full responsibility for all activities that occur within such User's Jennifer Miller Jewelry account.
DISCLAIMERS AND LIMITATION OF LIABILITY
THE JENNIFER MILLER JEWELRY SITE IS PROVIDED BY JENNIFER MILLER JEWELRY ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, JENNIFER MILLER JEWELRY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, JENNIFER MILLER JEWELRY MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE JENNIFER MILLER JEWELRY SITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE JENNIFER MILLER JEWELRY SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE JENNIFER MILLER JEWELRY SITE; OR (IV) THAT THE JENNIFER MILLER JEWELRY SITE, ITS SERVERS, OR E-MAILS SENT FROM OR ON BEHALF OF JENNIFER MILLER JEWELRY ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS.
JENNIFER MILLER JEWELRY DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE JENNIFER MILLER JEWELRY SITE OR ANY RELATED SERVICES. THE OPERATION OF THE JENNIFER MILLER JEWELRY SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF JENNIFER MILLER JEWELRY.
UNDER NO CIRCUMSTANCES SHALL JENNIFER MILLER JEWELRY BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE JENNIFER MILLER JEWELRY SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE JENNIFER MILLER JEWELRY SITE, OR THE FAILURE OF JENNIFER MILLER JEWELRY TO PROVIDE ANY SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO JENNIFER MILLER JEWELRY'S RECORDS, PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE JENNIFER MILLER JEWELRY SITE.
JENNIFER MILLER JEWELRY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE JENNIFER MILLER JEWELRY SITE OR THE PURCHASE OF ANY PRODUCT THEREFROM, EVEN IF JENNIFER MILLER JEWELRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER BY OPERATION OF LAW, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.
SEVERABILITY
The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
APPLICABLE LAW; JURISDICTION
The Jennifer Miller Jewelry Site is created and controlled by Jennifer Miller Jewelry in the State of New York. The laws of the State of New York will govern the Terms of Use, without giving effect to any principles of conflicts of laws.
Each of Jennifer Miller Jewelry and User agrees to submit to the nonexclusive personal jurisdiction of the courts located within New York County, New York and waives any objection to the laying of venue of any litigation in said courts.
DISPUTE RESOLUTION
For any claim or controversy at law or equity that arises out of the Terms of Use, the Jennifer Miller Jewelry Site or any Jennifer Miller Jewelry service (each a "Claim") where the total amount of the award sought is less than $10,000 (excluding Claims for injunctive or other equitable relief), User or Jennifer Miller Jewelry may elect to resolve the dispute through binding arbitration conducted by telephone, on-line or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association under its Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes, if applicable), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Alternatively, any Claim (including Claims for injunctive or other equitable relief) may be adjudicated by a court of competent jurisdiction located in New York County, New York or in the United States county where the defendant is located (in the case of Jennifer Miller Jewelry, New York County, New York, and in the User's case either in the county of such User's home address or principal place of business, or if such address is not located in the United States, then in New York County, New York).
Any Claim shall be arbitrated or litigated, as the case may be, on an individual basis and shall not be consolidated with any Claim of any other party whether through class action proceedings, class arbitration proceedings or otherwise.
Jennifer Miller Jewelry shall make all reasonable efforts to comply with these terms of use; however, this policy should not be construed as a contractual undertaking and Jennifer Miller Jewelry cannot warrant the security of any information transmitted to us. By transmitting personal information to us through the internet, you are accepting any and all risks associated with doing so. In addition, you are responsible for taking appropriate measures to protect and secure all passwords, log-in, or account information.