Terms & Conditions
1. Terms and Conditions Generally
- 1.1 THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
- 1.2 THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
- 1.3 BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
- 1.4 YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT AT LEAST 18 YEARS OF AGE, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
- 1.5 These terms and conditions (these “Terms”) apply to the purchase and sale of products and services through www.wovemade.com (the “Site”). These Terms are subject to change by Wove Made, Inc. (referred to as “Wove Made”, “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any product or services that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
2. Your Account
- 2.2 You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable your account, at any time in our sole discretion if, in our opinion, you have violated any provision of these Terms, or due to prolonged inactivity in your account.
3. Product Selection Process
- 3.1 As a part of our process, you will complete an onboarding questionnaire that assists us with pairing you with a designer. You will be able to schedule a total of 2 complimentary 30 minute video design consultation with your assigned designer. After a consultation, you will have the opportunity to order a prototype of the ring designed during the consultation made from imitation materials (the “Replica”). The fee for the Replica is nonrefundable. The Replica does not need to be returned to us. Depending on the complexity of the design, Replicas are typically shipped between 5 and 30 days from order acceptance. While Replicas may be used as “adventure rings,” Replicas are not intended to be a replacement for a final diamond ring.
- 3.2 When you are ready to select a preferred diamond for your ring (the “Final Product”), we will provide you with images and information about specific diamonds based on our understanding of your stated preferences.
- 3.3 You will also have the opportunity to schedule a 30-minute follow-up consultation with your designer in order to finalize your design and select your preferred diamond.
- 3.4 Upon your request, we will use commercially reasonable efforts to place your specific preferred diamond on hold with the applicable diamond supplier. Holds are generally permitted for a period of 24 hours to 7 days, depending on the diamond supplier. We will communicate to you the terms of any hold. Typically, placing a hold on a diamond prohibits the diamond from being purchased by another buyer. However, WE DO NOT GUARANTEE THAT ANY PARTICULAR DIAMOND WILL ACTUALLY BE AVAILABLE AT THE TIME OF PURCHASE, REGARDLESS OF WHETHER IT WAS PLACED ON HOLD. This is out of the control of Wove Made Inc.
- 3.5 You hereby agree that we may record any video consultations with your designer for internal purposes such as quality assurance and improving the customer experience.
- 3.6 Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Wove Made takes place upon your purchase of the ring. If you have issues with purchase, please let us know by sending us an email at firstname.lastname@example.org
4. Prices and Payment Terms
- 4.1 All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email.
- 4.2 Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. All payments are made through a third-party payment processor. You represent and warrant that (i) the credit card information you supply is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
5. Shipments; Delivery; Title and Risk of Loss
- 5.1 We will arrange for shipment of the products to you.
- 5.2 Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. We recommend insuring the package.
- 5.3 We are not responsible for any failure or delay in performing or complying with our obligations under these Terms which arises from any cause beyond our reasonable control.
6. Returns and Refunds
- 6.1 Except for any products designated on the Site as non-returnable, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 30 days of purchase and provided such products are returned in their original condition. To return products, you must email email@example.com.
- 6.2 You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.
- 6.3 Refunds are processed within approximately 14 business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site.
- 7.1 Wove Made warrants that the Final Product will be inspected by a trained goldsmith for quality assurance purposes.
- 7.2 EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, WOVE MADE MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE GOODS, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY OF TITLE, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
8. Limitation of Liability
- OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCT THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT. 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.
9. Compliance with Applicable Law
- You agree to comply with all applicable laws and regulations of the various states and of the United States including. You represent and warrant that you are buying products or services from the Site for your own personal use only, and not for resale or export.
10. Intellectual Property Use and Ownership
- The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), including all product designs created hereunder (including initial and final drafts) are owned by Wove Made, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Site.
11. Governing Law and Jurisdiction
- All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than those of the State of Delaware.
12. Dispute Resolution and Binding Arbitration
- 12.1 YOU AND WOVE MADE ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
- 12.2 ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
- 12.3 The arbitration will be administered by the American Arbitration Association in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this 11. The AAA Rules are available at adr.org. The Federal Arbitration Act will govern the interpretation and enforcement of this section.
- 12.4 The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
- 12.5 You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR WOVE MADE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
- 12.6 If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
13. No Waivers
- The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Wove Made.
14. No Third-Party Beneficiaries
- These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
- If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
16. Entire Agreement
17. Contacting Us
- All questions, comments, and claims should be submitted to us at firstname.lastname@example.org.
Craft YOUR dream ring
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