OVERVIEW This website is operated by Donna Weaver Design. Throughout the site, the terms “we”, “us”, “our”, and “Company” refer to Donna Weaver Design and Donna Weaver dba Donna Weaver Design. Donna Weaver Design offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. You agree to be bound by all of these terms and conditions by using our site.
ACKNOWLEDGEMENT – These are the Terms and Conditions (“Terms”, “Terms of Service”) governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy and the Returns and Refunds Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service. Our Returns and Refunds Policy describes Our policies and procedures for issues arising from inquiries about those topics. Please read our Returns and Refunds Policy carefully before using Our Service. All of Our Policies are hereby incorporated in these Terms and Conditions by this reference.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION We are constantly updating Our offerings of Products on the Service. The Products available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Products on the Service and in Our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. We are not responsible if information made available on this site is not accurate, complete or current. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate. Our products are handcrafted from natural materials and slight variations are to be expected. Many of our products are one-of-a-kind and are subject to prior sale even before the website inventory is updated. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.
Certain materials used in creating Our items may become unavailable for various reasons. We reserve the right to change or update information or cancel orders without prior notice (including after you have submitted your order). We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
MODIFICATIONS TO THE SERVICE AND PRICES Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service or Product (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service or Product.
PRODUCTS OR SERVICES Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We currently sell and ship products and services to the United States only. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
RETURNS, EXCHANGES + REFUNDS – Online orders have a 5 day return policy. The item must arrive unworn, in original condition, accompanied by the original packaging, tags and receipt – within 5 days of your receipt of your order. If all stated requirements are met, you will receive a full refund to the credit card with which the purchase was made minus a 5% restocking fee and minus the original shipping charges.
SALE ITEMS CANNOT BE RETURNED NOR EXCHANGED. MADE FOR YOU (MADE TO ORDER) ITEMS CANNOT BE RETURNED.
Should you need to return an item please call us or email us to obtain a return authorization number before returning the item. The return authorization number MUST be written on the outside of the package, or the package will not be accepted, and it will be sent back at the shipper’s expense. The package should be sent back to us fully insured and pre-paid by You. We are not responsible for packages that are lost in transit to us during a return or exchange process. CODs will not be accepted.
Once you have obtained a return authorization number, please send returns to: Donna Weaver Design, POB 3215, Santa Monica, CA 90403-3216.
Returns will be processed upon receipt and an email confirmation will be sent. Please note that it may take up to 10 days for the refund to post to your account, depending on the cycle of your credit card.
The online return policy does not apply to in person purchases.
PAYMENTS – Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards or certain online payment methods. Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.
SHIPPING – We currently sell and ship products and services to the United States only. We offer Products that are Ready to Ship and Products that are Made to Order. Ready to Ship products will ship approximate 1-3 days from your order date. Made to Order products will ship approximately 3-4 weeks from your order date. Depending on factors such as availability of materials and studio production schedule, there may be delays for Made to Oder pieces. Coordinate any special dates or requirements with us in advance to assure scheduling. All items are shipped via USPS Priority Mail or UPS. All items are shipped with Signature Required. See our Shipping and Delivery Policy.
ACCURACY OF BILLING AND ACCOUNT INFORMATION 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.
INTELLECTUAL PROPERTY – All designs, jewelry pieces, images, photography, text, branding and other content (“content”) on this site are the exclusive property of Donna Weaver Design. You may not reproduce, modify, republish, or distribute any material from this site without express written permission.
Purchased Items and Custom Designs: Intellectual property rights for purchased items and for custom designs remain exclusively with Donna Weaver Design. We reserve the right to take photographs of the design and final product and images may be used for promotion, display, advertisement, internet use, or publication, all without limitation.
Your access to our website or purchase of a product does not grant you any license or ownership rights to the underlying intellectual property of the designs. You are prohibited from photographing, copying or casting our designs for the purpose of creating derivative works or selling them. All product photos and associated photos are protected and cannot be use for commercial purposes without permission.
INTELLECTUAL PROPERTY INFRINGEMENT – We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.
If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at concierge@donnaweaverdesign.com and include in Your notice a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.
DMCA Notice and DMCA Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. 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.
PERSONAL INFORMATION Your submission of personal information through the store is governed by our Privacy Policy. For more information, please view our Privacy Policy.
ERRORS, INACCURACIES AND OMISSIONS Occasionally there may be information on our site or in the Service 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 in the Service or on any related 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 in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
WARRANTY AND LIMITATIONS Each piece of Donna Weaver Design jewelry is designed, hand fabricated, and finished with great attention and care. We want you to love your piece as much as we do. We offer a lifetime warranty for any manufacturing defects. Please note that slight irregularities and variations in craftsmanship or natural characteristics, or internal inclusions, visible or otherwise, in gemstones are unique and individual to each item. These characteristics are considered as part of the character of the item, and should not be considered a defect.
Jewelry is not impervious to normal wear, activities or trauma. This is particularly true for earrings and rings since these pieces are regularly subjected to considerable abuse including handwashing, gardening, swimming, showering, sleeping or exercising in jewelry. We do not provide warranties for damage due to normal wear, active wear, product loss, loss of stones or theft. Damage or loss that results from failure to obtain repairs necessary to maintain the integrity of the product are also not covered. Some examples of common jewelry issues that would not be considered manufacturing defects include:
LIMITATION OF LIABILITY. Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Conditions and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Except as specified herein in the WARRANTY AND LIMITATIONS section, Our products and services (“Service”) are provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
GOVERNING LAW These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules. If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company. Any dispute arising from these terms or your use of the Service shall be resolved through binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The venue for resolution of all disputes shall be Los Angeles County, Santa Monica Branch, California.
INDEMNIFICATION You agree to indemnify, defend and hold harmless Donna Weaver Design and our parent, owners, subsidiaries, 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 or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SEVERABILITY In the event that any provision of these Terms of Service 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 of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
TERMINATION The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
ENTIRE AGREEMENT The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service 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 of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
CHANGES TO TERMS OF SERVICE You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
CONTACT INFORMATION Questions about the Terms of Service should be sent to us at concierge@donnaweaverdesign.com.
