Atabey | TERMS & CONDITIONS
atabey is a jewelry designer from miami, florida. specializing in one-of-a-kind jewelry for the beautiful, passionate woman.
handmade, jewelry, pearls, metalwork, stones, bracelets, cuffs, miami jewelry design
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[ terms & conditions ]

Terms & Conditions

This document, the Atabey Terms of Use (the “Terms of Use”), is a legal

document that details your rights and obligations with respect to your

use of the jewelrybyatabey.com website (“Site”). The Site, its works,

content, materials and designs, as well as the products, designs and

services we offer to you via our Site, are conditioned upon your

acceptance of these Terms of Use, without modification, and our Privacy

Policy (which is incorporated into the Terms of Use by this reference).

Capitalized terms not otherwise defined herein shall have the meaning

ascribed to them in our Privacy Policy.

 

1. SITE ACCESS AND USE; PROHIBITIONS

1.1
 Site Access and Use. The Company hereby grants you a limited,

nonexclusive, revocable license to access and use this Site and

its works, content, materials and designs solely for personal,

noncommercial use, and for no other purpose, and your use of the

Site is subject to the terms and conditions set forth in these

Terms of Use. Downloading or copying of works, content, materials

and designs is permitted for personal, noncommercial use only. No

right, title or interest in such works, content, materials and

designs are transferred to you upon such copying or downloading,

and such works, content, materials and designs may not be

transferred, linked, reproduced, retransmitted or otherwise

distributed or displayed, in whole or in part.

1.2
 Prohibitions. You agree that you will not use the Site, in

whole or in part, for any purpose that is unlawful or prohibited

by Section 1.1 above and these Terms of Use. For example, you

agree that you will not:
(a) modify, copy, distribute, transmit,

display, perform, reproduce, publish, license, create derivative

works from, frame in another web page, use, including use on any

other web site, transfer, or sell any products, works, content,

materials and designs or information provided through or obtained

from the Site.
(b) engage in the practices of framing, mirroring,

screen or database scraping and mining, or any other activity

with the purpose of obtaining lists of users or other

information;
(c) obtain or attempt to obtain any works, content,

materials, designs or information through any means not

intentionally made available or provided for through the

Site;
(d) access or attempt to access password protected, secure

or non-public areas of the Site;
(e) use the Site in any manner

that could damage, disable, overburden, or impair the Site or

interfere with any other party’s use and enjoyment of the

Site;
(f) remove or destroy any proprietary, confidentiality,

Trademark (as defined below) or copyright markings or notices

placed upon or contained in any products, materials,

documentation or information received from the Company;
(g) use

any of Company’s trade secret proprietary information (including,

without limitation, Trademarks and copyrights) or other content

accessible through the Site for any purpose other than the

purpose for which we have made it available to you pursuant to

Section 1.1; and
(h) defame or disparage the Company, its

proprietary information (including, without limitation,

Trademarks and the copyrights), or any aspect of the Site.

2. COPYRIGHT AND TRADEMARK NOTICES

2.1
 Copyright. All works, content, materials and designs on our

Site (including, without limitation, products, product and

jewelry designs, Site design, text, graphics, logos, and button

icons, as well as the arrangement, the selection and the

organization and layout of the Site) are owned or licensed by the

Company and protected by the U.S. and international copyright

laws. All rights reserved.
All software and other technology

components on this Site are owned or licensed by the Company and

protected by the U.S. and international copyright laws. All

rights reserved.
No reproduction, copying, distribution, or

transmission of the such works, content, products, materials,

designs, including any jewelry is permitted. No reproduction,

copying, distribution, or transmission of the software and

technology on our Site is permitted. Any rights not expressly

granted herein are reserved.

2.2
 Trademarks. Atabey and jewelrybyatabey.com and all other Site

and Company content, materials and designs, including graphics,

images, logos, audio, video, html code, text, page headers,

button icons, and scripts are trademarks and service marks,

registered and unregistered, trade names or trade dress

(collectively, “Trademarks”) of the Company and may not be

copied, reproduced, republished, uploaded, posted, transmitted,

or distributed in any way.

3. INFRINGEMENT CLAIMS

3.1 It is our policy to respond expeditiously to infringement claims

relating to intellectual property and proprietary rights. We will

promptly respond to, process and investigate notices of alleged

infringement and will take appropriate actions under applicable

intellectual property laws. Notices of claimed infringement should be

directed to us at the address provided below.

4. SHIPPING; TAXES; RISK OF LOSS; RETURNS AND EXCHANGES; SPECIAL ORDERS

4.1 
Taxes. Orders may be subject to sales or use tax. Sales to

Florida residents are subject to sales tax and all sales within

California are subject to California sales tax.

4.2
 Shipping. Please allow 3-5 business days for shipping for all

orders. Free standard shipping by USPS Priority Mail within the

48 contiguous United States. However, if you need a guaranteed

delivery date please don’t hesitate to contact us by phone or

email to check on availability. Each UPS shipment is

automatically insured for up to $100. A handling fee of $2.25

will be added to each order. Please contact us if you desire

additional insurance, which can be provided at customer’s

exchange. If your order is lost or damages during shipment

contact us immediately. Keep all packing materials and paperwork

so that a claim can be filed for damage during shipping.

4.3
 Risk of Loss. All items purchased from us are made pursuant

to a shipment contract, which means the risk of loss and title

for such items pass to you upon our delivery to the carrier.

4.4 
Special Orders. Please contact us by telephone

(1.305.775.5632) about special orders (special requests, necklace

lengths, pendant changes etc.). Timing and pricing will vary. All

sales of special orders are final.

4.5
 Stolen Jewelry. Jewelry that is stolen after being received

by the customer is not covered under warranty. If an order is

stolen while in transit from Atabey to the recipient, Atabey will

investigate and replace if warranted.

5. PRICING

5.1 We make every attempt to avoid errors in pricing and product

information. However, if a mistake does occur, we reserve the right to

correct it, and in our sole discretion, to refuse or cancel any order

placed for that item at the incorrect price. All prices listed on this

site are in U.S. dollars.

6. PRODUCT DESCRIPTIONS; PRODUCT IMAGES

6.1
 Product Descriptions. We attempt to be as accurate as

possible when describing our products and designs. However, we do

not warrant that product descriptions or other content on this

Site are accurate, complete, reliable, current, or error-free. If

one of our products or designs is not as described, your sole

remedy is to return it in unused condition and in accordance with

Section 4.

6.2
 Product Images. We attempt to accurately depict the image,

design, and color of the products offered on this Site. However,

because the color you see is dependent on your computer monitor,

we cannot guarantee that the color you see will be accurate. The

products also may appear larger or smaller than their actual size

depending on your monitor. Some photographs have been enlarged to

show detail. If one of our product images is not accurate, your

sole remedy is to return it in unused and unworn condition and in

accordance with Section 4.

7. DISCLAIMERS; LINKS TO OTHER WEB SITES

7.1
 Disclaimers. Unless specifically noted, the content,

materials, products, services and information available on or

through this Site are provided on an “as is” basis without

warranties of any kind, and, to the fullest extent permissible

under applicable law, the Company disclaims all warranties,

express or implied, including warranties of title or implied

warranties of merchantability or fitness for a particular

purpose.
The Company does not warrant that this Site, its

servers, or e-mails sent from the Company are free of viruses or

other harmful components. The Company will not be liable for any

damages of any kind arising from the use of this Site, Company

emails or any information, content, materials, products or

services included on or otherwise made available to you through

this Site, including, but not limited to direct, indirect,

incidental, punitive, and consequential damages, unless otherwise

specified in writing.
You acknowledge that you use this Site at

your own risk, that you assume full responsibility for all costs

associated with all necessary servicing or repairs of any

equipment you use in connection with your use of this Site, and

that the Company shall not be liable for any damages special,

indirect or consequential of any kind related to your use of this

Site.

7.2
 Links to Other Sites. We do not make any representation or

warranty with respect to any other web site you may access

through this web site. If there is a link to another web site,

such link does not constitute an endorsement of that site or the

products or services contained therein and is provided solely as

a convenience to you.

8. YOUR ACCOUNT

8.1 If you use this Site, you are responsible for maintaining the

confidentiality of your account and password and for restricting

access to your computer, and you agree to accept responsibility

for all activities that occur under your account or password. We

do sell products for children, but rather to adults, who can

purchase with a credit card or other, permitted payment method.

If you are under 18, you may use jewelrybyatabey.com only with

involvement of a parent or guardian. We reserve the right to

refuse service, terminate accounts, remove or edit content, or

cancel orders in our sole discretion.

9. MODIFICATION

9.1 We reserve the right at anytime, and from time to time, to

modify, amend, update, revise or otherwise change certain

provisions of these Terms of Use at our sole discretion. Any such

changes shall be applicable and binding immediately upon posting

to the Site, and each user of this Site is responsible for

knowing the Terms of Use prior to accessing the Site and the

content provided on the Site. If you do not agree to any such

changes, or to any of provisions contained in these Terms of Use,

your only remedy is to cease from using our Site.

10. GENERAL TERMS

10.1
 Severability. If any provision of these Terms of

Use or the Privacy Policy is held by a court of competent

jurisdiction to be invalid, void or unenforceable for any

reason, the remaining provisions not so declared shall

nevertheless continue in full force and effect, but shall

be construed in a manner so as to effectuate the intent of

these Terms of Use as a whole, notwithstanding such

stricken provision or provisions.