Terms & Conditions
E-commerce Terms and Conditions
The Gin & Grace service, including (without limitation) all websites, application, and other interactive properties through which the such services are delivered (the "Website") are owned and operated by Color Jewels Inc., a New York limited liability company (referred to in these Terms and Conditions as "Colorjewels" or "we" and through similar words such as "us," "our," etc.) By visiting the Website you agree to the following Terms & Conditions.
Please read these Terms & Conditions carefully before agreeing to be bound by the same. If you do not agree to be bound by the Terms & Conditions, do not access or use this Website. This website is provided by Colorjewels. By using this Website or by placing any purchase orders using the Website, you agree to abide by these Terms and Conditions and the terms of our Privacy Notice, which are incorporated herein by reference. Only upon acceptance of the terms contained herein, you will be entitled to submit electronic orders. Any violation of the terms will result in termination of your account. This website is not intended for persons under 18 years of age.
By registering with the Website you can access or view the prices, product inventories, and submit purchase orders electronically. You are responsible for using the Website in a private and secure manner. We will not be liable for any damage or loss caused from any unauthorized account access resulting from your actions, such as not logging out of the account or sharing your account password. We reserve the right to refuse registration or cancel an account at any time.
All of the information and data you provide to Colorjewels in connection with registering for your Account ("Account Data") must be true, accurate, current and complete at all times. You must immediately update your Account Data to keep it true, accurate, current and complete. Notwithstanding anything to the contrary, you hereby authorize Colorjewels and its affiliates, contractors and suppliers to use, copy, and disclose Account Data (i) as part of providing the Website, (ii) if required by applicable law, (iii) where necessary to enforce these Terms and Conditions and/or to protect any of Colorjewels’s or other parties’ legal rights, (iv) in an aggregated form which does not include your identifying information, and (v) as permitted by Colorjewels’s Privacy Notice. You are solely responsible to obtain any necessary rights, authorizations and consents with respect to your Account Data, including, without limitation, to grant the foregoing rights to Colorjewels and its affiliates, contractors and suppliers. If you provide Colorjewels your email address, you hereby consent to and authorize Colorjewels to (a) send notices regarding the Website to such email address, instead of notice by other means such as mail, and (b) send other messages to such email address, such as changes to features of the Website and special offers (collectively, "Other Messages"). If you do not want to receive Other Messages that may be classified as marketing communication, you will be provided the opportunity to opt out of such communication.
You shall not do any of the following or permit any other third parties to do any of the following:
- (a) Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, or profane information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, provincial, state, national or international law, including without limitation, export control laws and regulations;
- (b) Post or transmit any information or software that the sender is aware contains a virus, worm, or other harmful component;
- (c) Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material which is protected by copyright or other proprietary right, without obtaining the permission of the copyright owner or right holder;
- (d) Account sharing, including without limitation, letting third parties use your account and password;
- (e) Impersonate or attempt to impersonate Colorjewels, a Colorjewels employee, another authorized user, or any other person or entity;
- (f) Use the Website for any benchmarking, monitoring or testing availability or performance, or any other competitive use, including, but not limited to, creating services, products or software that are substantially similar to the Website;
- (g) Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determine by us, may harm Colorjewels or users of the Website or expose them to liability
Modification of these Terms & Conditions
Colorjewels reserves the right to change or modify any of the terms contained in these terms & conditions, at any time. Any such modifications or changes will immediately become effective upon posting of such changes. Your continued access or use of this Website will imply your full acceptance of the same. You are therefore responsible for regularly reviewing these Terms & Conditions and additional terms or notices posted on the Website.
You agree to pay the full price for all Products you purchase from the Website. We reserve the right to charge extra charges for your credit card or PayPal account for any products purchased from the Website. You are responsible for the timely payment of all fees and for providing us with a valid credit card or PayPal account details for payment of all fees.
Errors and Inaccuracies
Although we try to maintain accurate and current information on our site, mistakes do happen. Stoneandstrand.com may have errors related to products' pricing and availability. We reserve the right to correct these errors, even after an order has been submitted. We will however, contact you before making any changes to your order. We apologize for any inconvenience this may cause.
Colorjewels cares about processing your personal information in a secure and transparent manner. You can find details about personal information that Colorjewels may collect, how Colorjewels uses and safeguards that information, and with whom we may share it in our Privacy Notice.
When you visit the Website or send any emails to us, you will be communicating electronically with us. By such electronic communication you agree to receive such communications from us electronically. You acknowledge that your electronic submissions constitute your agreement and your acceptance to be bound by and to pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all transactions you enter into on the Website, and all records including notices of cancellation, policies, contracts, and applications.
Third Party Links
For your convenience Colorjewels may provide, links to third party websites operated by other entities on the Website. If you use such third-party sites, you will leave this Website. If you decide to visit any linked third-party website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Colorjewels does not make any warranty or representation regarding, and does not endorse, any linked websites or the information appearing thereon or any of the products or services described thereon. Any third party links do not imply that Colorjewels sponsors, endorses, is affiliated or associated with any linked third party websites.
Copyright and Licenses
This Website and the entire contents contained on this Website, including but not limited to: text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, are the sole and exclusive property of Colorjewels. All such contents and materials are protected by domestic and international copyright and trademark laws. You hereby agree not to modify, copy, reproduce, republish, upload, post, transmit, or distribute any portion of the Website or any contents contained on the Website without the prior expressed written consent of Colorjewels.
Colorjewels grants you a non-exclusive, non-transferable, limited license to access and make use of the contents or information available on the Website for your personal use and not to download or modify it, or any portion of it, except with the express written consent of Colorjewels. You may not reproduce, duplicate, adapt, copy, sell, resell, transmit or otherwise exploit for any commercial purpose this Website or any portion of this Website without the express written consent of Colorjewels. You agree not to interrupt or attempt to interrupt the operation of the Website in any way.
Colorjewels authorizes you to view and download the information and materials available on this Website only for your personal, non-commercial use. This authorization shall not constitute a transfer of title in and to the materials and is subject to the following restrictions: (a) you must retain, on all copies of the materials downloaded, all copyright and other proprietary notices contained in the materials; (b) you may not modify the materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; and (c) you must not transfer the materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions.
Disclaimer of Warranty / Limitation of Liability
THIS WEBSITE AND RELATED INFORMATION IS PROVIDED BY WEBSITE ON AN "AS IS" AND "AS AVAILABLE" BASIS. COLOR JEWELS MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND, OR AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COLOR JEWELS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COLOR JEWELS DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR EMAIL SENT FROM WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COLOR JEWELS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
THE WEBSITE USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THIS WEBSITE. COLOR JEWELS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY TYPOGRAPHICAL OR OTHER ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE. IN THE EVENT THAT A PRODUCT IS LISTED AT AN INCORRECT PRICE OR WITH OTHER INCORRECT INFORMATION, COLOR JEWELS SHALL HAVE THE RIGHT TO REFUSE OR CANCEL ANY ORDERS PLACED FOR THE PRODUCT LISTED INCORRECTLY. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
If the foregoing limitations are held inapplicable or unenforceable for any reason, then the maximum liability of COLOR JEWELS to you for any type of damages shall be limited to the greater of the actual amount paid by you for any services offered on the website or U.S. $100.00.
Release and Indemnification
You, on behalf of your successors, assigns, heirs, and personal representatives hereby irrevocably and fully release COLOR JEWELS and each of its officers, directors, employees, assigns, agents and representatives from and against any and all suits, claims, actions, causes of action, arbitration, liabilities, obligations, damages, losses, penalties or fines known or unknown, arising out of or in connection with (1) your use of this Website or (2) the use of any information accessed by you from this Website.
You agree to indemnify and hold COLOR JEWELS and its subsidiaries, affiliates, officers, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys' fees and costs of suit, made by any third party due to or arising out of (1) your use of this Website, (2) information that you submit, transmit, or otherwise make available via this Website, or (3) your breach of these Terms and Conditions.
You agree to indemnify, defend and hold us harmless from and against any and all liability, claims, causes of action, damages, costs and expenses, including but not limited to, attorneys' fees and costs of suit, arising out of your breach of these Terms of Conditions.
By visiting the Website, you agree that the laws of the state of New York City, New York USA, without regard to principals of conflict of laws, will govern these Terms & Conditions and any dispute of any sort that might arise between you and COLOR JEWELS.
Any dispute relating in any way to your visit or access of the Website or to the products you purchase through the Website shall be submitted to binding arbitration in New York City, New York state. Arbitration under these Terms & Conditions shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Conditions of Use shall be joined to an arbitration involving any other party subject to these Conditions of Use, whether through class arbitration proceedings or otherwise.
Color Jewels's failure to insist upon or enforce strict performance of any provision of these Terms & Conditions shall not be construed as a waiver of any provision or right.
Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms & Conditions.
Color Jewels may assign its rights and duties under these Terms & Conditions to any party at any time without notice to you.
If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining condition. Any rights not expressly granted herein are reserved.