Terms & Conditions
Terms and Conditions ("Terms")
Last updated: July 22 2019
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the New Avenue website (the "Service") operated by New Avenue Vintage Jewelers ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms 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. If you disagree with any part of the terms then you may not access the Service.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by New Avenue Vintage Jewelers .
New Avenue Vintage Jewelers has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that New Avenue Vintage Jewelers shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Governing Law
These Terms shall be governed and construed in accordance with the laws of North Carolina, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Contact Us
If you have any questions about these Terms, please contact us.
Agreement between user and New Avenue Vintage Jewelers
Welcome to New Avenue Vintage Jewelers. The New Avenue website (the "Site") is comprised of various web pages operated by New Avenue Vintage Jewelers ("New Avenue").
New Avenue is offered to you conditioned on your acceptance without modification of the terms,conditions,and notices contained herein (the "Terms"). Your use of New Avenue constitutes your agreement to all such terms. Please read these terms carefully, and keep a copy of them for your reference.
New Avenue is an E-commerce Site New Avenue offers a selection of Vintage Costume,Antique & Fine Jewelry, Cocktail & Statement Rings,Mens & Womens Watches, from the Art Nouveau, Art Deco,Retro, & Modern time periods.
Privacy
Your use of New Avenue is subject to New Avenue's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting New Avenue or sending emails to New Avenue constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements,notices,disclosures,and other communications that we provide to you electronically,via email and on the Site, satisfy any legal requirement that such communications be in writing.
New Avenue does not knowingly collect, either online or offline,personal information from persons under the age of thirteen. If you are under 18, you may use New Avenue only with permission of a parent or guardian.
Cancellation/Refund Policy If you are not satisfied with your order, New Avenue offers full refunds on items returned in original condition and packaging, as long as you notify us within 14 days after receiving items. Buyer pays return shipping unless due to fault of our own.. Please contact us before shipping back items.
Links to third party sites/Third party services
New Avenue may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of New Avenue and New avenue is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site , or any changes or updates to a Linked Site. New Avenue is providing these links to you only as a convenience,and the inclusion of any link does not imply endorsement by New Avenue Of the site or any association with its operators.
Certain services made available via New Avenue are delivered by third party sites and organizations. By using any product,service or functionality originating from the New Avenue domain,you hereby acknowledge and consent that New Avenue may share such information and data with any third party with whom New Avenue has a contractual relationship to provide the requested product,service or functionality on behalf of New Avenue users and customers.
No unlawful or prohibited use/Intellectual Property
You are granted a non-exclusive,non transferable,revocable license to access and use New Avenue strictly in accordance with these terms of use. As a condition of your use of the Site,you warrant to New Avenue that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage,disable,overburden,or impair the Site or interfere with any other party's use and enjoyment of the SIte. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the SIte.
All content included as part of the Service,such as text,graphics,logos,images,as well as the compilation thereof, and any software used on the Site,is the property of New Avenue or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices,legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify,publish,transmit,reverse engineer,participate in the transfer or sale,create derivative works,or in any way exploit any of the content,in whole or in part,found on the Site. New Avenue content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content,and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use,and will make no other use of the content without the express written permission of New Avenue and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses,express or implied,to the intellectual property of New Avenue or our licensors except as expressly authorized by these Terms.
Third Party Accounts
You will be able to connect your New Avenue account to third party accounts. By connecting your New Avenue account to your third party account,you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner,do not use this feature.
International Users
The Service is controlled,operated,and administered by New Avenue from our offices within the USA. If you access the Service from a location outside the USA,you are responsible for compliance with all local laws. You agree that you will not use the New Avenue Content accessed through New Avenue's Site in any country or in any manner prohibited by any applicable laws,restrictions or regulations.
Indemnification
You agree to indemnify,defend and hold harmless New Avenue,its officers,directors,employees,agents and third parties,for any losses,costs,liabilities and expenses (including reasonable attorneys fees) relating to or arising out of your use of or inability to use the Site or services,any user postings made by you,your violation of any terms of this Agreement or your violation of any rights of a third party,or your violation of any applicable laws,rules or regulations. New Avenue reserves the right,at its own cost,to assume the exclusive defense and control of any matter otherwise subject to indemnification by you,in which event you will fully cooperate with New Avenue in asserting any available defenses.
Liability Disclaimer
THE INFORMATION,SOFTWARE,PRODUCTS,AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. NEW AVENUE VINTAGE JEWELERS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
NEW AVENUE VINTAGE JEWELERS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY,RELIABILITY,AVAILABILITY,TIMELINESS,AND ACCURACY OF THE INFORMATION,SOFTWARE,PRODUCTS,SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION,SOFTWARE,PRODUCTS,SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. NEW AVENUE VINTAGE JEWELERS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,SOFTWARE,PRODUCTS,SERVICES AND RELATED GRAPHICS,INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE,TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,IN NO EVENT SHALL NEW AVENUE VINTAGE JEWELERS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,INDIRECT,PUNITIVE,INCIDENTAL,SPECIAL,CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING,WITHOUT LIMITATION,DAMAGES FOR LOSS OF USE,DATA OR PROFITS,ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE,WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES,THE PROVISION OF OR FAILURE TO PROVIDE SERVICES,OR FOR ANY INFORMATION,SOFTWARE,PRODUCTS,SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE,OR OTHERWISE ARISING OUT OF THE USE OF THE SITE,WHETHER BASED ON A CONTRACT,TORT,NEGLIGENCE,STRICT LIABILITY OR OTHERWISE,EVEN IF NEW AVENUE VINTAGE JEWELERS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,THE ABOVE LIMITATION MAY NOT APPLY TO YOU.IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE,OR WITH ANY OF THESE TERMS OF USE. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/access restriction
New Avenue reserves the right, in its sole discretion,to terminate your access to the Site and the related services or any portion thereof at any time,without notice. To the maximum extent permitted by law,this agreement is governed by the laws of the State of North Carolina and you hereby consent to the exclusive jurisdiction and venue of courts in North Carolina in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms,including, without limitation,this section.
You agree that no joint venture,partnership,employment,or agency relationship exists between you and New Avenue as a result of this agreement or use of the Site. New Avenue's performance of this agreement is subject to existing laws and legal process,and nothing contained in this agreement is in derogation of New Avenue's right to comply with governmental,court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by New Avenue with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including,but not limited to,the warranty disclaimers and liability limitations set forth above,then the invalid or unenforceable provision will be deemed superseded by a valid,enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
unless otherwise specified herein,this agreement constitutes the entire agreement between the user and New Avenue with respect to the Site and it supersedes all prior or contemporaneous communications and proposals,whether electronic,oral or written,between the user and New Avenue with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
New Avenue reserves the right, in its sole discretion, to change the Terms under which New Avenue's website is offered. The most current version of the Terms will supersede all previous versions. New Avenue encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
New Avenue welcomes your questions or comments regarding the Terms:
newavenuevintage@gmail.com
Privacy Policy
This privacy policy has been compiled to better serve those who are concerned with how their 'Personally Identifiable Information' (PII) is being used online. PII, as described in US privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our website.
What personal information do we collect from the people that visit our blog, website or app?
We do not collect information from visitors of our site.
or other details to help you with your experience.
When do we collect information?
We collect information from you when you place an order or enter information on our site.
How do we use your information?
We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
• To personalize your experience and to allow us to deliver the type of content and product offerings in which you are most interested.
• To allow us to better service you in responding to your customer service requests.
• To quickly process your transactions.
• To follow up with them after correspondence (live chat, email or phone inquiries)
How do we protect your information?
New Avenue Vintage Jewelers is a PCI compliant website by way of using a Third-Party payment processing solution,we do not actually hold or handle any sensitive data on our servers. We use "Stripe" https://stripe.com/ as a payment processing solution, which uses TLS (Transport Layer Security) served over HTTPS. This allows the highest encryption methods set by the Payment Card Industry Data Security Standards. (PCI DSS). Your transaction with "New Avenue" is extremely secure using the latest methods of security data breach prevention protocols & methods by way of "Stripe's" payment processing.
All transactions are processed through a gateway provider and are not stored or processed on our servers.
Do we use 'cookies'?
Yes. Cookies are small files that a site or its service provider transfers to your computer's hard drive through your Web browser (if you allow) that enables the site's or service provider's systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.
We use cookies to:
• Help remember and process the items in the shopping cart.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since browser is a little different, look at your browser's Help Menu to learn the correct way to modify your cookies.
If you turn cookies off, some features will be disabled. It won't affect the user's experience that make your site experience more efficient and may not function properly.
However, you will still be able to place orders .
Third-party disclosure
We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information.
Third-party links
Occasionally, at our discretion, we may include or offer third-party products or services on our website. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
Google's advertising requirements can be summed up by Google's Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en
We have not enabled Google AdSense on our site but we may do so in the future.
California Online Privacy Protection Act
CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law's reach stretches well beyond California to require any person or company in the United States (and conceivably the world) that operates websites collecting Personally Identifiable Information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals or companies with whom it is being shared. - See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf
According to CalOPPA, we agree to the following:
Users can visit our site anonymously.
Once this privacy policy is created, we will add a link to it on our home page or as a minimum, on the first significant page after entering our website.
Our Privacy Policy link includes the word 'Privacy' and can be easily be found on the page specified above.
You will be notified of any Privacy Policy changes:
• On our Privacy Policy Page
How does our site handle Do Not Track signals?
We honor Do Not Track signals and Do Not Track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.
Does our site allow third-party behavioral tracking?
It's also important to note that we do not allow third-party behavioral tracking
COPPA (Children Online Privacy Protection Act)
When it comes to the collection of personal information from children under the age of 13 years old, the Children's Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States' consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children's privacy and safety online.
We do not specifically market to children under the age of 13 years old.
Fair Information Practices
The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.