By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, by signing and entering your credit card information, or enrolling, electronically, verbally, or otherwise, you (“Client” or “You”) agree to be provided with jewelry products by Boubaker Boukhari (“Jeweler”), owner of B Revival Jewelry (the “Company”). You are entering into a legally binding agreement with the Company, subject to the following Terms of Purchase:
GENERAL TERMS.
Other taxes may be included.
CUSTOM DESIGN & CLIENT PROVIDED STONES.
DELIVERY AND PICKUP.
REPAIRS + WARRANTY.
Clients who purchase jewelry from the Jeweler will receive complimentary repair work for any damages on their purchased items for six months, so long as the damage did not result from unusual or extreme wear or use (including but not limited to loss in drain disposal, catching on something, hit on something, lost at sea, run over by a car, etc. and other acts of nature or other tools of man), and by this Agreement. The Jeweler shall have the sole discretion to determine the extent of the damage to the jewelry and may impose additional fees as appropriate. Please note that this warranty does not cover loss or theft of jewelry, in part or its entirety, and does not entitle Client to any replacements of center stones, regardless of how they were lost, misplaced, or damaged. This warranty also does not extend if your jewelry has been re-sized or altered in any way by a third party without the express written authorization of the Jeweler. Please note that no other written or oral warranties will be provided under these Terms.
APPRAISALS AND INSURANCE.
The Jeweler will provide a complimentary review of the jewelry. The Client acknowledges and understands that insurance for the jewelry is their responsibility and should be obtained as soon as possible to insure against theft, loss, or damage.
INTELLECTUAL PROPERTY RIGHTS.
Regarding the design and Company branding created explicitly for the Client as part of this Agreement, the Jeweler maintains all of the copyright and other intellectual property rights used or subsisting in the jewelry. The Jeweler reserves the right to take photographs of the design and final product, and the Client agrees these pictures may be used for promotion, display, advertisement, internet use, or publication unless the Client revokes this permission.
DISCLAIMERS AND RELEASE OF CLAIMS.
By purchasing or otherwise utilizing the jewelry, the Client acknowledges that the Jeweler is not responsible for any adverse effects or consequences that may result directly or indirectly from any jewelry purchased. Due to the nature of jewelry design, the Jeweler cannot guarantee that the appearance of The jewelry will be exactly as you imagined it. Or they are shown through design. Imperfections or variations may occur naturally. These characteristics are not to be viewed as damages or defects. In no event will the Jeweler or the Company be liable to any party for any direct, indirect, special, incidental, or consequential damages. You now release the Jeweler and the Company from any claims related to personal or business interruptions, misapplication or information, or any other loss, condition, or issue.
FORCE MAJEURE.
If any cause beyond the reasonable control of either party, including without limitation acts of nature, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, country travel advisories, a pandemic as defined by the World Health Organization, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either party to perform its obligations under this Agreement, the affected party’s performance shall be extended without liability for the period of delay or inability to complete due to such occurrence.
GOOD FAITH.
Each party represents and warrants to the other that such party has acted in good faith and agrees to continue to work in the negotiation, execution, delivery, performance, and any termination of this Agreement.
LIMITATION OF LIABILITY.
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE JEWELRY. ADDITIONALLY, B REVIVAL JEWELLRY IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE PRECEDING APPLIES EVEN TO B REVIVAL JEWELRY. HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL B REVIVAL JEWELLRY CUMULATIVE LIABILITY TO YOU EXCEED $100.
GOVERNING LAW.
This Agreement shall be governed by and construed by the laws of the United Arab Emirates, regardless of the conflict of laws and principles thereof.
ENTIRE AGREEMENT.
This Agreement contains the whole Agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.