- Understanding the Terms and Conditions
When certain words and expressions are used in these Terms and Conditions, they have specific meanings ("Defined Terms"). You can identify Defined Terms because their initials are capitalized (whether or not at the beginning of a sentence). When a Defined Term is used, its meaning will be as stated in the section of the Terms and Conditions where it was defined (you can find these definitions by looking for the sentence in which the Defined Term is enclosed in parentheses and quotation marks).When we refer to "we" or "us" or "our," we mean Cuff-earrings. When we refer to "you" or "your," we mean you, the person using the Services.We use headings to help you understand these Terms and Conditions and easily locate information. These Terms and Conditions may be modified in whole or in part by us at any time, so you should check the Website regularly, as well as each time you use the Services to purchase products, to ensure that you understand and agree to the then-applicable legal terms.
- About Us
We are Cuff-earrings, a website owned and operated by CUFF EARRINGS L.L.C. We operate this website. We are a registered business in the United States and are headquartered at Main St., Richmond Pk., Monkstown, County Dublin 78450. When you purchase products using the Website, you purchase them through us from third parties ("Store(s)" or "Affiliate Partner(s)") listed on the Website with your consent. It is important for you to understand that, because we act solely as an intermediary between you and the Affiliate Stores, the contract for the purchase of the products and the relationship arising therefrom is between you and the Affiliate Stores, and we do not acquire any obligations in connection with such purchase except as expressly stated in these terms and conditions. We are authorized by the Affiliated Stores to enter into the contract on their behalf, but we are not a party to that contract, so you do not purchase the products from us. You will find more details about the products and the Affiliated Stores in sections 5, 6 and 7.
- Our services
The services we offer allow you to search the website and purchase so-called "dead stock" products, i.e. products that are no longer available directly from the brands themselves. As part of the services, we also offer you certain ancillary services, such as shipping of the products, assistance from our customer service team and processing of payments free of charge. The specific Cuff-earrings entity that provides this payment processing service will depend on your location. Cuff-earrings will provide payment processing services. Please note that the shipping service is provided by us and, therefore, you enter into a contract with us for this purpose. We may charge for these services, which will be displayed on your order processing page prior to the purchase of products. This contract ends once the courier service has delivered the relevant order.you must be over 18 years of age to use the services.
- Our liability to you in respect of the services
If, in providing the services to you, we fail to comply with these Terms and Conditions, we are liable for any loss or damage you suffer which is a foreseeable result of our breach of these Terms and Conditions or our negligence, but we are not liable for any unforeseeable loss or damage. A loss or damage is foreseeable if it was an obvious consequence of our breach or if it was foreseen by you and us at the time you started using the services. We do not exclude or limit in any way our liability for (a) death or injury caused by our negligence, (b) fraud or fraudulent misrepresentation, (c) any other liability which cannot be limited by law.
We strive to be as precise as possible in the description of our products. However, since the descriptions are based on information provided by our affiliate stores and partners, we cannot guarantee that a description is completely accurate, complete, reliable, or error-free. Similarly, the product images on the website are purely illustrative. Although we try to display the colors accurately, we cannot guarantee that the colors displayed on your computer, or how you perceive them, match those of the products. In case of discrepancy between the website description and the product, you agree that any claims should be made to the Affiliate Stores, who will be responsible for the discrepancy.
We do not permit our Affiliate Stores to offer imperfect or low-quality products that do not meet market standards. If the products you have purchased do not match the description and present imperfections or inferior quality compared to market standards, you can return them to us so that we can contact the Affiliate Store on your behalf. In such a case, you will be refunded the price of the defective products, the corresponding shipping costs, and the reasonable costs incurred by you to return the products (we will inform you if the products need to be picked up at your home or if you need to find another way to return them). Please refer to Section 10 for more details on how to return products.
As a consumer, you have legal rights in relation to the products, which will apply to the extent that they are applicable to us according to these Terms and Conditions and current legislation.
You agree not to use the products for commercial, professional or resale purposes. In addition, you agree not to export, re-export, or transfer the products to countries or territories subject to embargos or sanctions, or to parties listed on the U.S. Treasury Department's Specially Designated Nationals and Blocked Persons List, or on the U.S. Consolidated Financially Sanctioned Companies List.
Neither we nor the Affiliate Stores and partners are responsible to you or to third parties for any use of the products contrary to the above, including but not limited to loss of profits, loss of business, business interruption, or loss of business opportunities.
- Orders, Prices, and Payments
Upon completing the order process, you are purchasing products from a partner (not directly from us). Your order is subject to these Terms and Conditions of Sale, which form part of the contract established between you and the Affiliate Store. All orders are subject to availability and price confirmation, and we may cancel your order (or part of your order) if the products are not available or not priced as indicated by the partners. If an item you have ordered is out of stock at the original affiliate store, Cuff-earrings may, at its discretion, find the product and place an order for the same item from another partner on your behalf. If Cuff-earrings places such an order on your behalf, we will notify you via email. Once you have concluded the product contract with the partner, they will have the legal obligation to provide the products according to the contract. The legal ownership of the product will be transferred to you upon placing the order. The risk of the product falls on the Affiliate Store and/or Cuff-earrings (if applicable) until the order is delivered to the address indicated during the order.
To purchase products, you must be over 18 years old and have a valid credit or debit card number (see section (c) below for more details on accepted payment methods). When placing an order, you acknowledge that all the information you provide is true and accurate, that you are over 18 years old, that you are the authorized holder of the credit or debit card with which you place the order, and that you have sufficient funds in your account to cover the cost of your order, as well as to pay the price of the order and, if applicable, shipping costs and auxiliary services.
The website allows you to check your order and correct any errors before submitting it. Take the time to read and verify your order on each page of the payment process, bearing in mind that you are responsible for ensuring that the information you provide is accurate (for example, correct product, quantities, size, color, etc.).
(a) Prices and Availability
Although we ensure that all details, descriptions, and prices that appear on the website are correct, as well as the information provided by affiliate stores, there may be instances where errors occur. If we discover an error in the price of any of the products you have ordered, we will inform you as soon as possible and, acting on behalf of the affiliate store, we will give you the opportunity to confirm the order at the correct price or cancel it. If we cannot get in touch with you, your order will be canceled. If you cancel and you have already made payment for the products, you will receive a full refund for them.
The prices listed on the website for products from an affiliate store include VAT. Shipping costs are not included in the prices and will be informed before you complete the order process, and they will be charged separately. Shipping costs vary depending on the products you have purchased and your shipping address. See the "Shipping Information" section on our "Orders and Shipping" page for more details about cost estimates and shipping times. The shipping costs applicable to your order will be clearly displayed on the website before you confirm it (and are included in the "Total" amount shown on the order summary page).
Depending on your shipping address, additional charges and fees may apply. If you purchase items from an affiliate store outside your territory, you may have to pay customs fees when receiving the products. We will inform you during the order verification process if customs fees are included or if you need to pay them upon receiving the products. If they are not included, neither we nor the affiliate store have control over these fees and we cannot provide you with the cost. You will be responsible for paying the customs fees or other charges not included. Consult your customs authority for more information before placing your order. Additional information is provided in the "Shipping" and then "Taxes and Fees" section on our "Orders and Shipping" page.
For customers in the United States, Cuff-earrings collects sales tax and use tax in all states. Cuff-earrings does not charge sales taxes or use taxes on international purchases. For states that impose a sales and use tax, the sales and use tax may apply to your purchase unless it is specifically exempted. Many states require customers to declare and pay taxes on taxable purchases to which the tax has not been applied. For more details, consult your respective tax authorities.
If you return an item, you will be refunded customs fees if they were initially included in the purchase price. If they were not included, you will be responsible for claiming these fees directly from your customs authority.
See the "What payment methods does Cuff-earrings accept?" section on our "Payment Methods" page for more details about the payment methods you can use.
We use high-security measures to protect payment transactions made for the purchase of products, the acquisition of services, and auxiliary services.
In our "Frequently Asked Questions" page, in the "Prices and Payments" section. If you are in United States, Cuff-earrings will provide payment processing services. If you are elsewhere in the world, Cuff-earrings will be responsible for obtaining those payment processing services.
If you use a cryptocurrency to pay for your purchase, upon placing your order we will redirect you to our cryptocurrency payment provider, TripleA, to finalize your purchase. Your payment to TripleA will fully satisfy your payment obligation with respect to your purchase at Cuff-earrings.
Once we have verified your payment information and the affiliate stores have accepted and approved your order for shipment, we will send you an email to inform you about it. If we or the Affiliate Stores encounter any problem during the processing of your order, we will send you an email explaining the problem and possibly requesting more information to try to resolve it.
Your order will not be sent to the Affiliate Stores if the pre-authorization of your payment card or the charge is not approved by your bank, or if you are under 18 years old, without any liability on our part and/or the Affiliate Stores. The Affiliate Stores reserve the right not to accept your order if, for example, the product is out of stock, has been withdrawn, or is not available.
- The estimated shipping date for the products will be indicated in your order confirmation. We will endeavor to have your order shipped on this date, but there may be circumstances where shipping is delayed due to events beyond our control (refer to section 15 for this). If this occurs, we will strive to send your products as soon as possible, but we are not responsible for any inconvenience caused by such delay.
Delivery time may vary depending on product availability and your shipping address. Delivery times are approximate and cannot be guaranteed. The products will be shipped directly to your address from the Affiliate Stores, so your order may be shipped in several shipments, of which you will be timely informed.
If there is no one available at your address to receive the order, our courier service will leave a note, and you should contact them to reschedule the shipment.
Under certain circumstances, our partnered courier service may offer you some of the following alternatives to deliver your order: (a) signature release: opting to skip the need for your signature at the time of delivery; and/or (b) neighbor delivery: allow delivery of your order to a neighbor ("custom delivery options"). By selecting an alternative to receive your package through custom delivery options, you acknowledge and accept that Cuff-earrings will not assume any responsibility for any loss or damage to the order caused by the fulfillment of your delivery request.
Please also read the information on our "Orders and Shipping" page, as it contains important information about your orders and their shipments.
- Return Policy
- Please refer to our returns and refunds policy for more information about returns and our free return service. For more information on how to cancel your order under the Consumer Contracts Regulations (CCR), you can see below.
Please note that in some cases, the partner may refuse to accept the return of a product and Cuff-earrings may, at its sole discretion, choose to buy the product from you. You agree that legal ownership of that product will automatically transfer to Cuff-earrings when Cuff-earrings decides to purchase said product.
Cancellation Under the Consumer Contracts Regulations Depending on your place of residence, you have the legal right to cancel your order under the Consumer Contracts Regulations (Information, Cancellation, and Additional Payments) of 2013, the Consumer Contracts Regulations (CCR), or equivalent consumer legislation in the EU. This means that during a certain cancellation period, if you change your mind or for any other reason you decide that you do not want to keep the products you have purchased, you can inform us of your decision to cancel the order within 14 days.
Once the products are returned to the respective partner, you will receive a full refund; however, you will be responsible for arranging and covering the full cost of returning the order to the partner.
To cancel an order, you must clearly inform us of your preference:
• By email to contact@Cuff-earrings.com, stating your name, address, and order reference number; or
• By filling out and returning the cancellation form and mailing it to the address indicated on the form.
If you cancel an order (or part of the order) during the cancellation period, you must return the products within 14 days from the day you notify us of the cancellation, and ensure that the items comply with the conditions of our Return Policy.
If you cancel the order within the 14-day cooling-off period, we will process your refund as soon as possible. In both cases, your refund will be made within 14 days after the day the partner has received your return or, if earlier, the day we receive proof that you have returned the products to the partner's address. However, you will have to bear the cost of returning the products to the partner.
For returns using our free service, please refer to our returns and refunds policy.
- Our Website
- This section sets out the rules for your use of this website (whether to purchase products or simply to browse it). By using this website, you agree to these rules. If you do not agree with these rules, you cannot use the website and must leave it immediately.
(a) Access to the website is free. You are responsible for making all necessary arrangements to access the website. You are also responsible for ensuring that all persons who access the website through your internet connection are aware of these terms and conditions and accept them.
Access to the website is permitted temporarily and does not include any commercial use of the website or its content. You must not reproduce, copy and/or exploit the website for commercial purposes without our written consent.
We reserve the right to withdraw or redesign the website without prior notice, and from time to time we may restrict access to all or part of the website. We are not responsible if, for any reason, the website is unavailable at any time or for any period, although we will try to restore it as soon as possible.
When you visit the website and/or accept an order, you communicate with us electronically and you agree that all agreements, information, disclosures, and other communications that we send you electronically (whether on our behalf or on behalf of the affiliated stores) comply with all legal requirements present in such communications.
(b) Your conduct: You must not use the website in a way that causes or may cause interruption, damage, or deterioration in access to the website in any way.
You understand that you are responsible for all electronic communications and content sent from your computer to us, and you must use the website only for purposes that comply with the law.
You must not use the website in order to:
- Violate any applicable local, national or international law or regulation.
- In an illegal or fraudulent manner, or with a fraudulent or illegal purpose or effect.
- Send, use or reuse any material that is: (i) illegal, offensive, abusive, indecent, defamatory, obscene or threatening, and/or (ii) that violates copyright, trademarks, confidentiality, privacy or other rights, and/or (iii) that is insulting to third parties, and/or (iv) that is objectionable, and/or (v) that consists of or contains software viruses, political campaigns, commercial solicitations, chain letters or any "spam".
- Cause harm, annoyance, inconvenience or unnecessary worry to any person.
Breaching these provisions will constitute an offense under the Computer Misuse Act of 1990. In accordance with any executive or public order law, we will report any such violation to the competent police authorities and reveal your identity. If you breach any of the terms and/or general conditions of the products and services of third parties, you will fully indemnify us against all costs, expenses, liabilities, damages and losses (excluding any indirect, incidental or consequential loss), including interest, penalties and legal fees and expenses awarded, incurred or paid by us and/or any member of our group, as a result of your breach.
(c) Third-party products and services on the website. The website may contain services and/or products (including add-ons and applications) offered by third parties who are not our partners (the "Third-party products and services"). The use of these third-party products and services may be subject to additional general conditions that we recommend reviewing before using them, as well as being attentive to any modifications. We decline any responsibility for or in connection with the use of third-party products and services. We reserve the right to suspend, withdraw, terminate and/or modify your access to the website and/or services, including, but not limited to, third-party products and services, in the event of a breach of the Terms and Conditions of Third-party Products and Services. The use of third-party products and services is at your own risk.
We do not guarantee that all or part of the features of the websites, services, or third-party products and services will work on a particular device.
(d) Links: We are pleased that you link to our website, but you must do so in a fair and legal manner and not harm our reputation or take advantage of it (such as using the link to suggest any form of association or endorsement on our part). We reserve the right to withdraw linking permissions at any time, and if we ask you to remove the link to our website, you must do so immediately.
Links to other websites and resources provided by third parties are provided only for informational purposes. We have no control over the content of these websites or resources, and these links should not be interpreted as an endorsement on our part of those linked sites. We will not be responsible for any loss or damage that may arise from the use of them.
(e) Our liability in relation to the website: We may update or modify the website or its content at any time, but we are under no obligation to do so. This means that any content on the website may not be up-to-date at a given time. The content of the website provides only general information. It is not intended to be a guide on which you should rely. We make no representations or warranties, express or implied, that the website, or any content it contains, is accurate, complete, up-to-date, or error-free or omission-free. To the maximum extent permitted by law, we exclude all conditions, warranties, representations, and other terms that may apply to the website or any of its content, whether explicit or implicit.
We will not be liable to you or any user for losses or damages, whether in contract, tort (including negligence), breach of statutory duty, arising under or in connection with: (i) the use of, or inability to use, the website; or (ii) the use of or reliance on any content on the website.
We provide the website only for private and domestic use, and as such, we assume no liability for damage, including, but not limited to, loss of profits, business losses, business interruption, or lost business opportunities.
We are not responsible for any loss or damage caused by viruses, denial-of-service attacks, or other technologically harmful material that may infect your equipment, programs, data, or any other proprietary material due to your use of the website or the downloading of any content or links to websites it contains.
We do not exclude or limit in any way our liability for: (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any other liability that cannot be limited by law. Different limitations and exclusions of liability will apply to liability arising from our provision of services (as indicated in section 4) and the provision of products by partners.
- Intellectual Property, Software, and Content
We are the owners of all intellectual property rights on the website and its content (such as texts, graphics, logos, button icons, images, audio clips, digital downloads, data compilation, and software, including their presentation and compilation) ("Content"). The rights of the website and the content are protected by international copyright laws, as well as all relevant national laws related to copyright, author's rights, and database law. All these rights are reserved.
You must not systematically extract and/or reuse parts of the website or the content. In particular, you should not use data mining, robots, or similar data gathering and extraction tools to extract data (once or many times) for reusing a substantial part of the website. You must not create and/or publish your own database of substantial parts of the website (for example, our prices and product lists) without our express written consent.
Unless expressly stated otherwise, no person (including their names and images), third-party trademarks, and images of third-party products, services, and/or locations on the website are associated, linked or affiliated with us in any way. Any brand name mentioned on the website belongs to the owners of those brands.
- Cuff-earrings PRIVATE SALE
Invited customers must log in to view the offer on the Cuff-earrings website. This is an exclusive event just for you, the event details must not be shared or made public in any way, on any website, blog, social media account, messaging apps, email, word of mouth, etc. Partners should not promote this event according to the network's terms and conditions. Cuff-earrings reserves all its rights (including when it is known or suspected that this information has been shared), which may involve the suspension of your account and/or the cancellation of your transactions for the duration of these discounts. Cuff-earrings reserves the right to withdraw this offer at any time without prior notice.
- Final Clearance
Items on final sale are not subject to Cuff-earrings's standard return policy and cannot be returned. Any return or refund of final sale items purchased at Cuff-earrings.com will be at the sole and absolute discretion of Cuff-earrings, subject to applicable laws.
- Other Important Information
We reserve the right to close your Cuff-earrings account or restrict future orders at any time, at our sole discretion.
Divisibility: Each of the sections and paragraphs of these Terms and Conditions operates separately. If a court or competent authority determines that any of them are illegal or unenforceable, the remaining sections and paragraphs will remain in effect.
Waiver: If you breach these Terms and Conditions and we take no action, or if we delay in taking action, this does not mean that we have waived our rights and we will still be prepared to exercise them. If we waive a breach by you, we will only do so in writing (signed by one of our lawyers), which does not mean that we will automatically waive other breaches by you.
Applicable Laws and Jurisdiction: These Terms and Conditions are governed by United States law. The American courts will have exclusive jurisdiction over any dispute or claim related to these Terms and Conditions.
Entire Agreement: These Terms and Conditions constitute the entire agreement between you and us and replace any previous agreement between you and us.
Events Outside Our Control: We and our partners are not responsible for processing issues or delays in any of our obligations to you, if these issues or delays are caused by an event beyond our control.
An event beyond our control includes, but is not limited to, any act or event beyond our control or that of our partners, such as religious events, wars, terrorist attacks, embargos, riots, strikes, lockouts, trade disputes, fires, floods, earthquakes or other natural disasters, failures, storms, interruptions in transportation, government actions, or failures in telecommunications or public or private transportation.
If any of these events affect our obligations and those of our affiliated stores to you: (i) we will contact you as soon as possible to inform you about it; and (ii) our obligations and those of the Affiliate Stores to you will be suspended during the event. If the event affects the delivery of products, we will contact you to agree on a new delivery date after the event ends.
Claims: We apply a complaint handling procedure with which we try to resolve problems when they arise. Please let us know if you have any complaints or comments. We invite you to read our Contact page for more details on how to contact us.
- Applicable Law and Jurisdiction
Everything related to your order, the use of the websites, or these Terms and Conditions is governed by American law. The courts of American will have exclusive jurisdiction over any dispute or claim related to these Terms and Conditions.