Terms

Last updated: 2/09/2023

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Website owner, the offering, and binding of Terms
This website is owned and operated by Mathew and Marie Co LLC. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors eCommerce jewelry and accessories. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.

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Who can use our website
In order to use our website and/or receive our services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.

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Commercial Terms offered to customers
When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.

The prices we charge for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.

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Payment
All goods purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, Amex, ChinaUnionPay, Jcb, Diners, CartesBancaires, Discover, Electron and Maestro cards, Apple Pay or online payment methods. Payment cards (debit cards or credit cards) are subject to validation check and authorization by the card issuer. Without the required authorization, we will not be liable for any non-delivery or delay of your order.

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Return and refund policy
Returns are only accepted on items that are unworn. Personalized items (anything custom stamped or engraved) and solid gold jewelry cannot be accepted back. We may allow returns on a case-by-case basis for partial refunds, we will retain the original cost of our shipping.
Contact us within 3 days of delivery, we will give detailed instructions on how to return of exchange your item. We will require the return package to be shipped within 7 days of delivery. The package must be returned in original condition and packaging. It is the customer's responsibility for postage and proper insurance for the return package. We will require the package to be shipped, processed by the postal service, and provide a tracking number to us.

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Warranties & responsibility for services and products
We are happy to do repairs on any jewelry within the first 30 days at the cost of shipping. It is the customer's responsibility for postage and proper insurance for the return package. Please contact us prior to sending any items to us for repair. For jewelry older than 30 days that has been purchased from us, please contact us for an estimate.

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Wrong item(s) received
Please contact us right away. I stand by all of my pieces. This is handmade after all and mistakes will happen. In the event of receiving the wrong item, we will absolutely correct the situation. Please come to us with ANY issues and we will correct our mistakes.

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Cancellation policy
We accepted cancellation requests within 24 hours of the order being approved. We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:
•    Goods availability
•    Errors in the description or prices for Goods
•    Errors in Your Order
We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.

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Retention of right to change offering
We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.

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Promotional emails and content
You agree to receive from time-to-time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time. 

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Right to suspend or cancel user account
We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account at any time. 

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Ownership of intellectual property, copyrights and logos
The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Mathew and Marie Co. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

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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 sales@mathewandmarieco.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.

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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):
•    An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.
•    A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
•    Identification of the URL or other specific location on the service where the material that You claim is infringing is located.
•    Your address, telephone number, and email address.
•    A statement by you, that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
•    A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
You can contact our copyright agent via email at sales@mathewandmarieco.com. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

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Indemnification
You agree to indemnify and hold Mathew and Marie Co harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.

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Limitation of liability
To the maximum extent permitted by applicable law, in no event Mathew and Marie Co, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.

To the maximum extent permitted by applicable law, Mathew and Marie Co assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

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Preference of law and dispute resolution
These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of Connecticut, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in New Haven, CT. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

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Right to change and modify Terms
We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review this page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.

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Customer support details & contact info
If you have any questions about these Terms and Conditions, contact us by email.
sales@mathewandmarieco.com