FREYANA (a.k.a. Lily Enterprises LLC d/b/a FREYANA) (“FREYANA,” “we” or “our”) designs, manufactures and sells gemstone jewelry through select dealers and through our website, accessible at www.freyana.com (the “website”). The following Terms and Conditions, govern your use of our website and constitute a binding legal agreement between you and FREYANA. By accessing or using our website, and purchasing jewelry on or through our website, you are indicating that you have read, understood and agreed to be bound by these terms. These Terms and Conditions, along with any documents expressly incorporated herein, constitutes the entire Agreement between you and FREYANA.
Incorporation of Privacy and Customer Care Policies into these Terms
All goods and services provided by FREYANA through this website are provided “as is” without warranty of any kind, either express or implied. Without limiting the foregoing, FREYANA explicitly disclaims any warranties of merchantability, fitness for a particular purpose or non-infringement, and any warranties arising out of course of dealing or usage of trade. FREYANA makes no warranty that our website or products will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
Our branding, pieces and other content on the website are protected by copyright, trademark and other laws of the United States and foreign countries. FREYANA exclusively owns all right, title and interest in and to our website and the products displayed herein, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the website or any content on the website.
You understand and agree that FREYANA uses commercially reasonable efforts to display the colors of the jewelry sold on our website. However, because individual computer monitors may display colors differently, FREYANA is not responsible for the color accuracy of any jewelry listed on our website and disclaims all liability in this regard.
Limitation of Liability
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of our website and your purchase of our jewelry, goods and/or other merchandise remains with you. FREYANA will not be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms, the use or inability to use our website, any content on our website, any goods and services provided by FREYANA, or from any communications, interactions or meetings with FREYANA, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not FREYANA has been informed of the possibility of such damage. In no event will FREYANA’s aggregate liability arising out of or in connection with your use of our products, goods, services and/or website exceed the total payments that you made to FREYANA for the goods that are the subject of a claim. The limitations of damages set forth above are fundamental elements of the basis of the bargain between FREYANA and you. This exclusion or limitation of liability for consequential or incidental damages will not apply in any jurisdiction where it is deemed to be unenforceable.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of FREYANA used herein are trademarks or registered trademarks of FREYANA. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of California without regard to its choice of law provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts in San Diego, California and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
These Terms constitute the entire and exclusive understanding and agreement between FREYANA and you regarding the website and goods and/or services obtained from FREYANA, and these Terms supersede and replace any and all prior oral or written understandings or agreements between FREYANA and you.
You may not assign or transfer these Terms, by operation of law or otherwise, without FREYANA’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. FREYANA may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
The failure of FREYANA 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 such right or provision will be effective only if in writing and signed by a duly authorized representative of FREYANA. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
FREYANA reserves the right, at its sole discretion, to modify, discontinue or terminate its website, or to modify these Terms, at any time and without prior notice. We will notify users of any modification to these terms through our website. By continuing to access or use the website after we have posted a modification, you are indicating that you agree to be bound by the modified Terms.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services (“Feedback”). You may submit Feedback by emailing us at email@example.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of FREYANA and you hereby irrevocably assign to FREYANA and agree to irrevocably assign to FREYANA all of your right, title and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein.
If you have any questions about these Terms, please contact FREYANA at firstname.lastname@example.org