Terms and Conditions
Agreement between user and http://www.fashionpenny.com/
Welcome tohttp://www.fashionpenny.com/. The http://www.fashionpenny.com/ website (the “Site”) is comprised of various web pages operated by Paid In Style (“Paid In Style”). http://www.fashionpenny.com/ is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of http://www.fashionpenny.com/ constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
http://www.fashionpenny.com/ is an Ecommerce Site.
Fashion Penny is a wholesale jewelry company that provides solutions to reseller jewelry. We are family owned and operated and provide unique solutions to resale jewelers’ needs. We strive to assist our resellers in making their business as successful as ours.
Privacy
Your use of http://www.fashionpenny.com/ is subject to Fashion Penny’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting http://www.fashionpenny.com/ or sending emails to Fashion Penny 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.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Fashion Penny is not responsible for third party access to your account that results from theft or misappropriation of your account. Fashion Penny and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Fashion Penny 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 http://www.fashionpenny.com/ only with permission of a parent or guardian.
Cancelation/Refund Policy
If you are not 100% satisfied with your purchase, we will be happy to set up an exchange or accept a return for a full refund, excluding any shipping fees you may have paid. Please notify us within ten days of receipt of your item.
Links to third party sites/Third party service
http://www.fashionpenny.com/ may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Fashion Penny and Fashion Penny is not responsible for the contents of any Linked Site, including without limitation any link contained in a Link Site, or any changes or updates to a Linked Site. Fashion Penny is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Fashion Penny of the site or any association with its operators.
Certain services made available via http://www.fashionpenny.com/ are delivered by third party sites and organizations. By using any product, service or functionality originating from the http://www.fashionpenny.com/ domain, you hereby acknowledge and consent that Fashion Penny may share such information and data with any third party with whom Fashion Penny has a contractual relationship to provide the requested product, service or functionality on behalf of http://www.fashionpenny.com/ users and customers.
No unlawful or prohibited use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use http://www.fashionpenny.com/ strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Fashion Penny 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 software used on the Site is the property of Fashion Penny 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. Fashion Penny 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 Fashion Penny and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any license, express or implied, to the intellectual property of Fashion Penny or our licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated and administered by Fashion Penny 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 Fashion Penny Content accessed through http://www.fashionpenny.com/ in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Fashion Penny, its officers, directors, employees, agents and third parties, for any losses, cost, 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. Fashion Penny 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 Fashion Penny 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. FASHION PENNY AND/OR ITS SUPPLIERS MAY MAKE IMPROVMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
FASHION PENNY AND/OR ITS SUPPLIERS MAKE NO REPRESENTAIONS ABOUT THE SUITABILTY, RELIABLITY, AVALIABLITY, TIMELINESS, AND ACCUARCY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND REALTED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO 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. FASHION PENNY 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 FASHION PENNY 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 CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FASHION PENNY 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. IFYOU ARE DISSATISFIED WITHANY 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
Fashion Penny 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 Pennsylvania and you hereby consent to the exclusive jurisdiction and venue of courts in Pennsylvania 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 Fashion Penny as a result of this agreement or use of the Site. Fashion Penny’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Fashion Penny’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 Fashion Penny 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 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 Fashion Penny with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Fashion Penny with the 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.
Change to Terms
Fashion Penny reserves the right, in its sole discretion, to change the Terms under which http://www.fashionpenny.com/ is offered. The most current version of the Terms will supersede all previous versions. Fashion Penny encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Fashion Penny welcomes your questions or comments regarding the Terms:
Fashion Penny
2255 Rosemont Ter.
Furlong, Pennsylvania 18925
Email Address:
Telephone number:
(267) 247-5878
Effective as of May 16, 2011
