Terms & Conditions
10/2/2022 - Under final legal review.
PLEASE READ THIS CAREFULLY. THESE TERMS AND CONDITIONS (TOGETHER WITH YOUR ORDER CONFIRMATION, THE “AGREEMENT”) IS A LEGAL AGREEMENT BETWEEN SUSAN BELLA JEWELRY, LLC (“WE”) AND YOU. BY PLACING YOUR ORDER WITH US, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT. FOR PURPOSES OF THIS AGREEMENT, THE TERM “PRODUCT” MEANS THE ITEMS DESCRIBED IN YOUR ORDER CONFIRMATION.
- Order Acceptance and Cancellation. You agree that your order is an offer to buy, under the terms of this Agreement, the Product. We must accept all orders and are not obligated to sell Product to you until we have accepted your order. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email.
- Prices. All prices, discounts, and promotions posted on our website – www.susanbellajewelry.com, or otherwise communicated on our social media accounts or elsewhere are subject to change without notice. The price charged for the Product will be the price in effect at the time the order is placed and will be set forth in your Sales Order. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling or value-added taxes for which you are responsible. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
- Shipment. We will arrange for shipment of the Product to you. You will pay all shipping and handling charges specified on your Sales Order. Title to the Product passes to you upon our transfer of the Products to the carrier for delivery. Risk of loss passes to you upon delivery. We will insure all shipments of the Products from loss or damage that occurs during shipping. You must open all packages immediately upon receipt of the Product to verify that the Product is undamaged. If the Product is damaged, you must make a claim with us within twenty four (24) hours of the delivery date. To make a claim, please contact firstname.lastname@example.org. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
- Returns/Exchanges. Our return and exchange policy is available at susanbellajewelry.com/pages/returns-exchanges and we reserve the right to update, amend or revise this policy at our discretion.
- Repairs and Resizing. Our policy regarding repairs and resizing is available at susanbellajewelry.com/pages/repairs-resizing and we reserve the right to update, amend or revise this policy at our discretion.
- Warranty and Disclaimers. ALL PRODUCTS OFFERED BY US ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
- Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THIS AGREEMENT, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE DAMAGES ARE BASED. OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM OR LOSS WHATSOEVER ARISING UNDER THIS AGREEMENT, SHALL BE LIMITED TO THE LESSER OF $1,000 OR THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCT. IN ANY EVENT WHERE WE HAVE AGREED TO REIMBURSE YOU FOR ANY CLAIM, YOU AGREE TO RETURN THE PRODUCT TO US AND OUR OBLIGATION TO REIMBURSE YOU FOR SUCH CLAIM IS CONTINGENT UPON OUR RECEIPT OF THE PRODUCT FROM YOU.
- Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in our performance under this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
- Entire Agreement. The Agreement sets out the entire agreement between you and Susan Bella Jewelry in respect of the sale, purchase and use of the goods. They supersede any previous agreement or understanding in relation to the subject matter hereof. No variation of this Agreement is binding on us unless agreed by us in writing.
- Governing Law. The Agreement shall be construed and enforced in accordance with and governed by the laws of the State of Pennsylvania regardless of where the transaction may have occurred. Any action, suit or proceeding to enforce any provision of, or based on any matter arising out of or in connection with, this Agreement shall be brought in any federal court located in the State of Pennsylvania.
- Attorney’s Fees. If we prevail in any dispute with you related to this Agreement, you agree to pay us our reasonable attorneys’ fees and costs associated with the dispute, regardless of whether litigation, arbitration or another dispute resolution process was commenced.
- No Waivers. The failure by us to enforce any right or provision of this Agreement will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by our duly authorized representative.
- No Third-Party Beneficiaries. This Agreement does not and is not intended to confer any rights or remedies upon any person other than you.
- Notices. We may provide any notice to you under this Agreement by sending a message to the email address you provide to us. It is your responsibility to keep your email address current. To give us notice under this Agreement, you must contact us as follows: (i) by email transmission to email@example.com; or (ii) by personal delivery, overnight courier, or registered or certified mail to Susan Bella Company, 1746 W. Allen St. Allentown, PA 18104 Notices provided by personal delivery will be effective immediately. Notices provided by email transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
Terms and Conditions: PUT IT ON LAY-BUY
Layby Terms, agreements and contract
Lay-Buy Financial Solutions Pty Ltd trading as www.lay-buys.com has identified core principles we believe are integral and imperative for all Lay-Buy agreement deals transacted through our PUT IT ON LAY-BUY checkout payment option to be fair and reasonable per the Fair Trading Act 1999.
The following principles below therefore make up the Terms & Conditions for any Lay-Buy or Layby contract and related transactions entered into. This applies to all and any lay-by contract template utilized by both the vendor or consumer:
Record of Payment
A record of payments transaction history will always be available for both the merchant and buyer, recording all amounts paid to-date and the date and value of all future pending payments as per your agreed lay-by policy.
Storage and Identification of Lay-Buy Products
Product’s on Lay-Buy will be set aside and stored separately to other products. Products will be clearly identified as ‘Lay-By contract’ products by a number or some other identification.
Cancellation of Lay-Buy by Buyer
The buyer may cancel their Lay-Buy agreement form at any time prior to delivery of products and on delivery of products if the products are damaged by so advising seller in writing or if seller agrees, orally.
Cancellation of Lay-Buy by Seller
The seller under a Lay-Buy must not cancel it unless –
a) The buyer breaches a term of the Lay-Buy; or
b) The seller stops trading; or
c) The products are no longer available
Cancellation on breach by Buyer
If a buyer has breached a term of a Lay-Buy and seller intends to cancel the Lay-Buy, before doing so seller must –
a) Give the buyer notice of seller’s intention to cancel the Lay-Buy; and
b) Allow the buyer at least 14 days within which to rectify the breach; and
c) The notice to be given has to be:I) in writing, sent to the buyer’s last known address, or, if the buyer so agrees, orally; and
II) must specify the breach of the Lay-Buy for which the Lay-Buy is being cancelled; and
III) must state the time within which the buyer must rectify the breach;
IV) must state the matters listed per below:* the purchase price of the products;
* all cancellation charges payable under the agreement; and
* the total amount paid under the Lay-Buy;
* any amount owing to either the buyer or seller under the terms of the Lay-Buy on the cancellation of the Lay-Buy.The Lay-Buy is cancelled at the end of the period specified in the notice unless the buyer rectifies the breach before then or Seller agrees not to cancel it.
Cancellation where business closes
If Seller under a Lay-Buy agreement proposes to stop trading before the agreement is completed, Seller must give notice of the proposal to the buyer and must either –
(a) allow the buyer 7 days within which to complete the agreement; and
(b) cancel the Lay-Buy
Cancellation where products not available
If the products are no longer available, Seller must cancel the Lay-Buy and refund all monies to the buyer.
Effect of Cancellation
Subject to the above, when a Lay-Buy is cancelled by buyer, Seller must refund all money paid within 14 days less a 10% down-payment.
Seller shall charge the buyer a AUD $25 cancellation fee under the terms of all Lay-Buy deals.
Banking Charges back Fees
The seller shall be entitled to pass-on to the buyer all charge back fees received by any given bank for any given customer charge back from any given Lay-Buy deal.
Seller shall not charge the customer any interest charges, membership fee or service fee on any Lay-Buy sales transaction. Lay-Buy Financial Solutions Pty Ltd trading as https://www.lay-buys.com charges a once-off admin fee, with the amount displayed to customers at checkout. The buyer will pay this amount to Lay-Buys at checkout at time of paying the down payment. This fee is an admin fee and is therefore not refundable.
Seller shall have reporting in place for all Lay-Buy deals covering Down Payment made, Lay-Buy period, Frequency of payments required, Payment amount required per installment; and a full record of all payments made to-date (amount and date on which made).
The seller will only fulfil order and deliver the product/s after receiving the final instalment payment for all Lay-Buy orders.
14.1 This Agreement shall be binding upon, inure to the benefit of, and be enforceable by the representatives, successors and assigns of the parties hereto.
14.2 This Agreement may be amended only by a written instrument duly executed by all parties hereto.
14.3 The parties hereby represent and warrant that each of them has full legal right, power and authority to enter into this Agreement and to carry out its obligations hereunder.
14.4 This Agreement may be executed simultaneously in one or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument.
14.5 Article headings contained herein are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement.