TRUMPET & HORN’S TERMS AND CONDITIONS
1. Terms and Conditions. By using the Internet site located at trumpetandhorn.com (the “Site”) or the services provided by this Site (“Service”), you (the “User”) agree to abide by these terms and conditions (“Conditions”) provided herein by Trumpet and Horn (sometimes referred to herein as the “Company”). We reserve the right to modify these Conditions, and will post a notice on the Site any time these Conditions have been modified. It is your responsibility to review these Conditions and any changes thereof. If at any time you find that these Conditions are unacceptable, please leave the Site and discontinue use of the Service.
2. Disclaimer. As part of the Service provided by this Site, the Company sells antique and vintage jewelry (“Product”). All Products are shipped fully insured to the customer with signature required. Upon delivery of the Product to the customer, the customer assumes the risk of ownership. The Company shall not be liable or responsible upon delivery of the Product to the customer for any damage, including but not limited to wear and tear, breaks, design defects, staining, stones that become unattached from their setting for any reason, inadequate settings, structural inadequacies and defects, fragility, metallurgical and gemological flaws that result in degradation or breakage of the Product. In addition, the Company shall not be liable or responsible upon delivery of the Product to the customer for any loss or theft of the Product or any part thereof suffered by the customer. For information on returns and exchanges, shipping, and guarantees please select the appropriate heading under Customer Service as located on this Site.
3. Pricing and Product Information. Every attempt is made to ensure that Product pricing and information (sometimes referred to herein as “Content”) as displayed on this Site is accurate, up-to-date, and the most recent. Nevertheless, we reserve the right to correct any mistakes in Product pricing and information, and to cancel or decline any order as a result of any mistake. In addition, every effort is made to ensure that Product images (also referred to herein as “Content”) accurately depict the characteristics of each Product, including but not limited to its colors and size. However, image resolution and coloring varies from screen to screen, and therefore we cannot guarantee the accuracy of the image captured for each Product.
4. NO WARRANTIES. NOTWITHSTANDING ANY OTHER PROVISION IN THESE CONDITIONS, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES. THE COMPANY‘S SITE, SERVICE, CONTENT AND PRODUCTS FOR SALE ARE PROVIDEDON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM THE USE OF THE SITE, SERVICE, CONTENT AND PURCHASE OF ANY PRODUCTS, TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, SERVICE, CONTENT AND PRODUCTS FOR SALE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE, SERVICE, CONTENT OR PRODUCTS FOR SALE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
5. LIMITED LIABILITY. THE COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, SERVICE AND PURCHASE OF PRODUCTS FOR SALE. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION
6. Indemnification. User agrees to indemnify, protect, defend and hold harmless the Company from any and all damages, including but not limited to special, incidental and consequential damages arising from the User’s use of, or in connection with the Site, Service, Content or User’s purchase of any Products for sale.
7. Copyright Laws. All images, writing, logos, service marks, and content on the Site are the copyrighted property of the Company or licensed to the Company. By accessing this Site, the User agrees to respect the intellectual property rights of the Company and not to use any of the Company’s copyrighted property.
8. User Name and Password. Users shall be responsible for maintaining the confidentiality of his or her username and password. Users may not use the account, username, or password of someone else at any time. You agree to notify the Company immediately of any unauthorized use of your account, user name, or password. The Company is not liable for any loss that User incurs as a result of someone else using User’s password, either with or without User’s knowledge. User may be held liable for any losses incurred by the Company, its affiliates, and agents due to someone else’s use of User’s account or password.
9. Governing Law. These Terms and Conditions shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law.
10. Arbitration Clause. Any action to enforce or interpret these Conditions or to resolve disputes between the Company and its Users or by or against the Company shall be resolved by binding Arbitration in accordance with this paragraph. The Arbitration shall be presided over by a retired California Superior Court Judge, or by a retired Justice of the California Appellate Court, or as otherwise mutually agreed to by the Parties. Such Arbitration shall occur exclusively in the County of Los Angeles, State of California. The party initiating the Arbitration shall provide to the other party a written list of three (3) proposed Judges. The other party shall choose one of the Judges on this list to be the Judge for the Arbitration. If the responding party fails to choose a Judge within fifteen (15) days of receipt of this list, the initiating party shall choose a Judge. The Arbitration shall be carried out in any manner acceptable to the Judge, and he shall not be required to follow any specific procedural rules. The Judge shall follow California Law with respect to his decision on the merits of the controversy. The Judge’s award may be enforced as an arbitration award pursuant to California Code of Civil Procedure, Title 9. The Judge’s award shall be binding, and without right of appeal. The Judge, as part of his award, may award to the prevailing party in the Arbitration, attorneys fees and costs, including, but not limited to, the fees of the Judge himself.
11. ACKNOWLEDGEMENT. BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS AND AGREE TO BE BOUND BY THEM.