Terms and Conditions
Last Modified: September 16, 2021
OVERVIEW
This website susanagraubatlle.co (“Website” or “Site”) is operated by Susana Grau Batlle LLC. Throughout the site, the terms “We”, “Us” and “Our” refer to Susana Grau Batlle LLC. Susana Grau Batlle LLC offers this website, including all Products (as defined below), information, tools and Services (as defined below) available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
These terms and conditions, including the terms and conditions of Our Privacy Policy found at https://susanagraubatlle.co/pages/privacy-policy are incorporated herein by reference are collectively referred to as “Terms” or “Terms and Conditions”.
The headings used herein are included for convenience only and will not limit or otherwise affect these Terms.
ACCEPTANCE OF THE TERMS AND CONDITIONS
By visiting Our site, perusing through the Website, and/ or purchasing products available through Our Website (“Products”) from Us, you engage in Our “Service” and are subject to Our Terms and Conditions. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of Comments.
Please read these Terms and Conditions carefully before accessing or using Our website. By clicking to accept or agree to the Terms and Conditions when this option is made available to you, you agree to be bound by these Terms and Conditions. If you do not agree with all the terms and conditions of this agreement, then you may not access the website or use any services.
By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given Us your consent to allow any of your minor dependents to use this site.
CHANGES TO THE TERMS AND CONDITI)NS
Any new Products, Services, features or tools which are added to Our Website shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to Our Website. It is your responsibility to check this page periodically for changes.
CODE OF CONDUCT
You may not use Our Website for any illegal or unauthorized purpose nor may you engage in a Service to violate any laws in your jurisdiction (including but not limited to copyright laws).
You may not solicit others to perform or participate in any unlawful acts through Our Website.
You may not submit false or misleading information to Us.
You agree not to violate any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
You agree not transmit any worms or viruses or any code of a destructive nature.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by Us.
You agree not to interfere with or circumvent the security features of the Website.
We reserve the right to refuse any Service to anyone for any reason at any time. You agree that a breach or violation of any of the Terms will result in an immediate termination of your Services.
ACCESSING THE WEBSITE AND ACCOUNT SECURITY
You understand that your content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You agree that you are responsible for making all arrangements necessary for you to have access to the Website.
To access the Website, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to this Website is governed by Our Privacy Policy [LINK TO PRIVACY POLICY], and you consent to all actions We take with respect to your information consistent with Our Privacy Policy.
You must treat your user name, password, or any other piece of information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, 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 also agree to ensure that you exit from your account at the end of each session. 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 any username, password, or other identifier at any time in Our sole discretion for any or no reason, including if, in Our opinion, you have violated any provision of these Terms and Conditions.
PRODUCT AVAILABILITY, ACCURACY and PRICING
Our Products may be available exclusively online through the Website. We reserve the right to discontinue any product at any time. We reserve the right to limit the sales of Our Products to any person, geographic region or jurisdiction. We reserve the right to limit the quantities of any Products that We offer. We may exercise the aforementioned rights on a case-by-case basis.
All Product information is subject to change at any time without notice. Any offer for any product made on this Website is void where prohibited.
We have made every effort to display Product features as accurately as possible. We cannot guarantee that your computer monitor's display of any Product feature such as color or size will be accurate.
All prices are shown in U.S. dollars and taxes, shipping and handling charges are additional and will be shown in U.S dollars. Prices for Our Products are subject to change without notice. We will present an estimate of taxes to be collected at checkout. The actual taxes charged may be adjusted from the amount shown at checkout. Taxes may be calculated according to jurisdiction of purchase and/or delivery and may include sales tax, use tax, duty tax, or any other applicable government taxes. Your purchases are not tax-exempt merely because We fail to collect tax. If We have not collected applicable taxes, you may have an obligation to file a use tax return and pay any tax due.
We shall not be liable to you for any modification, price change, suspension or discontinuance of any product.
PRODUCT PURCHASE, BILLING and ACCOUNT INFORMATION
You represent and warrant that upon making a purchase for a Product through the Website, you are providing current, complete and accurate purchase and account information and that you are authorized to make the purchase. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that We can complete your transactions and contact you as needed.
We reserve the right to refuse any order you place with Us. We may, in Our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that We make a change to or cancel an order, We may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in Our sole judgment, appear to be placed by dealers, resellers or distributors. For more detail, please review Our Returns Policy.
SHIPPING and HANDLING
Free shipping on all US orders. For international customers please call us (1.302.238.1838) or email us (sgb@susanagraubatlle.co) for pricing. For orders outside the US, you agree that you are responsible for all shipping and handling charges. We will do our best to display accurate shipping and handling charges. However, We reserve the right to charge more or less. Any delivery dates or times are based on the shipping company’s or post office’s capacity. We cannot guarantee any shipping and delivery dates.
Please inspect your order before signing as accepted, if the box is damaged and/or open, DO NOT accept the shipment, take pictures and contact us immediately. Upon reception, contact us immediately if you receive the wrong item, so that we can evaluate the issue and make it right. Once an item is delivered to you, risk of loss or damage passes to you.
RETURN POLICY
As Our Products are one-of-a-kind collections, there are no refunds or returns for any Products.
INTELLECTUAL PROPERTY RIGHTS
All intellectual rights in the Website, Products, and trademarks are retained by Susana Grau Batlle LLC or its licensors.
The Website 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) are owned by Susana Grau Batlle LLC or its licensors.
These Terms and Conditions permit you to use the Website 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 Our Website.
The Products displayed on this Website are created and/or owned by Susana Grau Batlle LLC for personal use only. If you wish to make any commercial use of the Products presented on the Website, please address your request to: sgb@susanagraubatlle.co
No right, title, or interest in any Products, specifically jewelry Products, is transferred to you, and all rights not expressly granted are reserved by Us.
You must not copy, reproduce, or create derivative works of any such Products. For the avoidance of doubt, no moral rights based on the creation of the Products are waived.
All logos, unless otherwise indicated, are owned by Susana Grau Batlle LLC.
No RIGHTS OF PUBLICITY ARE WAIVED BY SUSANA GRAU BATLLE LLC.
THIRD PARTY TOOLS
We may provide you with access to third-party tools over which We neither monitor nor has any control nor input.
You acknowledge and agree that We provide access to such tools “AS IS” and “AS AVAILABLE” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of third-party tools.
Any use by you of third party tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.
THIRD-PARTY LINKS
Our Website may include materials from third-parties. Third-party links on this Site may direct you to third-party websites that are not affiliated with Us. We are not responsible for examining or evaluating the content or accuracy and We do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, Products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party Products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you send any creative ideas, suggestions, reviews, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'Comments'), you agree that We may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to Us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.
We may, but have no obligation to, monitor, edit or remove content that We determine in Our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s rights or these Terms and Conditions.
You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.
You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.
You understand that by using Our Services (including visiting Our Website), you may be exposed to User Content that may be indecent, offensive, or objectionable to you. Under no circumstances will We (and successors, service providers, and licensors) be liable in any way for any Comment, including without limitation for any errors or omissions in any Comment, or for any loss or damage of any kind incurred by any person in connection with any Comment.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on Our Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on Our Website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information regarding Our Products or Service pricing information, except as required by law.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
(i) Regarding Our Services
We do not guarantee, represent or warrant that your use of Our Services will be uninterrupted, timely, secure or error-free.
You agree that from time to time We may remove the Services for indefinite periods of time or cancel the Services at any time, without notice to you. You expressly agree that your use of, or inability to use, the Services is at your sole risk.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Services delivered to you through the Website are provided “AS IS” and “AS AVAILABLE” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Susana Grau Batlle LLC and its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Services or any Products procured using the Services, or for any other claim related in any way to your use of the Services or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Our liability shall be limited to the maximum extent permitted by law.
(ii) Regarding Our Products
Our Products are provided “AS IS” and “AS AVAILABLE”.
We disclaim any and all warranties of any kind, whether express or implied, relating to Our Products, including without limitation any implied warranty of merchantability, any implied warranty of fitness for a particular purpose, title, non-infringement, or any warranty made by any third party.
We make no warranties to you and you hereby acknowledge that We make no warranties in regard to the applicability of all laws and regulations affecting, without limitation the manufacture, performance, sale, packaging and labelling of Our Products which are in force within your territory.
Your use of Our Products is at your sole risk.
(iii) Regarding Our Services and Products
In no case shall Susana Grau Batlle, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from, out of, or in any way connected to:
- your use, or inability to use, any of the Services
- your use, or inability to use, any of the Products procured through the Website,
- any damage caused by or resulting from reliance by you on any information or items obtained from Us (whether or not We were advised or should have been aware of the possibility of any such losses), or
- any errors or omissions in any content.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Our total liability shall be limited to the lesser of (i) the maximum extent permitted by law or (ii) the amount actually paid to US for the purchased Product.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Susana Grau Batlle LLC and its affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to, arising out of, or in connection with
- your breach of these Terms and Conditions,
- your Comments submitted on the Website; or
- your violation of any law or the rights of a third-party.
WAIVER and SEVERABILITY
No waiver by Us of any term or condition set out in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure on our part to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
Time Limit to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE SITE, PRODUCT, OR SERVICES MUST BE COMMENCED WITHIN SIX (6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES. FOR PURPOSES OF THE FOREGOING LIMITATION, A CAUSE OF ACTION SHALL BE DEEMED TO ACCRUE UPON THE OCCURRENCE OF ANY ALLEGED HARM OR INJURY AND NOT UPON DISCOVERY THEREOF. ANY SUCH CAUSE OF ACTION OR CLAIM NOT COMMENCED WITHIN THE FOREGOING TIME PERIOD IS FOREVER AND PERMANENTLY BARRED AND WAIVED.
TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement.
ENTIRE AGREEMENT
The failure of Us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions and any policies or operating rules posted by Us on this site or in respect to The Service constitutes the entire agreement and understanding between you and Us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and Us (including, but not limited to, any prior versions of the Terms and Conditions).
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
GOVERNING LAW
These Terms and Conditions and any separate agreements whereby We provide you Services shall be governed by and construed by a state or federal court in the State of New York (United States) in accordance with the laws of the State of New York (United States).
CONTACT INFORMATION
Questions about the Terms and Conditions should be sent to Us at sgb@susanagraubatlle.co