TERMS AND CONDITIONS TERMS

Terms and Conditions

Terms of Use

Cdgstyle.com, cdgstyle.nl, bycdg.com and related websites, services, applications, and tools (each and collectively, the “Website”) are owned and operated by Couleurs de Geraldine and affiliated parties (“CdG”, “Couleurs de Geraldine”, “we”, “us”, “our”).

These Terms of Use (the “Terms”) along with our Privacy Policy, General Conditions of Sale and any other documents referred to therein, constitute CdG’s Terms and Conditions (the “Terms and Conditions”) and govern all interaction between CdG and users of the Website (“User”, “Customer”, “you”, “your”).

Please read the Terms and Conditions carefully before using the Website. By accessing the Website, you assent to and agree to be bound by the Terms and Conditions. If you do not accept and agree to the Terms and Conditions, you may not use the Website.

CdG may revise the Terms and Conditions without notice to you at any time by updating this posting. You are bound by any such revisions and should periodically visit this page to review the current Terms and Conditions.

If you have any questions about the Terms and Conditions, please email customerservice@cdgstyle.com.

User Agreement

You must be 18 years of age or older to use the Website. The Website is not directed at persons under the age of 18 and does not knowingly collect information from such persons. The Website is designed for persons with experience with, and who are accustomed to, buying jewelry, art and related items (“Items”) based on photographs and you represent having such experience.

We expressly reserve the right to terminate or to refuse to permit the use of the Website by any person or entity, at our sole discretion, for any reason or no reason at all, and without prior notice.

Without our prior written permission, you agree not to display or use our trademarks, service marks, trade names, other copyrightable material or any other intellectual property (“Intellectual Property”) in any manner. We do not grant any license or other authorization to use any Intellectual Property by including such Intellectual Property on the Website.

The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, rules and regulations in connection with use of the Website (including those regarding the transmission of data exported from the country in which you reside as well as the restrictions on import or export of Items from our country to your country).

We reserve the right to interrupt or discontinue any or all of the functionalities of the Website. We accept no responsibility or liability whatsoever for any interruption or discontinuance of any functionality of the Website.

Registration may be required in order to create an account on the Website. Registrants may be required to provide certain information and to select a password to create and access their accounts. This password and other registration details should be kept safe and not shared with anyone. Customers may voluntarily provide additional information to personalize their accounts. Customers may access their accounts to view their profile information as well as transaction information by clicking the icon on the home page of the Website.

Customers may cancel their registration and account at any time. For your security, requests to terminate accounts must originate from the registered email account at CdG addressed to customersupport@cdgstyle.com. A cancellation request received from another source (including by phone or from another address) will not be accepted.

Purpose and content of Website
All information and materials on the Website are presented solely to provide general information on, and to promote products of CdG. Such information and materials do not constitute offers for our jewelry, nor do they constitute advice or instructions on its use.

We always try to provide complete, accurate, up-to-date information on the Website. However, errors may occur and as a result, the Website may contain technical or typographical mistakes, inaccuracies, or omissions (some of which may relate to pricing and availability) and some information may not be complete or current. We reserve the right to make changes, corrections and/or improvements to the Website (including after an order has been submitted) and to change or update information at any time without prior notice.

By using the Website, you acknowledge that you assume full responsibility for all costs associated with any servicing or repairs of any equipment you use in connection with the Website. We are also not liable for any damages associated with your use of the Website. If you are not satisfied with the Website, then please email us with your comments. However, your only legal recourse is to stop using the Website.

Links to and from other websites
We have no control over and do not endorse any of the third party websites to which this Website may be linked (“Linked Sites”). We do not make any representations or warranties about any Linked Site and have no control over, or responsibility for, their information or activities. You acknowledge that we are not responsible for any of the content or materials on any off-site pages or any Linked Sites. Responsibility for access to off-site pages and Linked Sites rests solely with you. In no event shall we be liable, directly or indirectly, for any loss or damage arising from or related to any use of Linked Sites or any information or material accessed through Linked Sites.

Our written permission is required for anyone to create any type of link to the Website. We reserve the right, at our sole discretion, to deny any request or rescind any such permission and to add, change, decline or remove, without notice, any feature or link and/or introduce different features or links to different users.

Please note that our privacy practices may differ from those of a Linked Site. If you provide personal information at a Linked Site, you are subject to the privacy policy of the operator of that website, not our Terms and Conditions. Please make sure you understand the Linked Website’s privacy policy before providing personal information.

Privacy
We care about your privacy and the protection of your personal data. For more information, please read our Privacy Policy, which is an integral part of the Terms and Conditions.

Intellectual Property Ownership & Use
Please be aware that your use of the Website is subject to applicable laws governing ownership, use and protection of Intellectual Property. The Website, together with any information, features, text, images, photographs, audio and video clips, designs, graphics, logos, symbols, names, product and corporate designations, titles, graphics, words or phrases as well as all software contained in this Website and their selection, layout and arrangement (collectively, the “Content”), are subject to legal protection, in particular copyright, trademark, trade dress and/or design rights held by CdG, Geraldine van Amerom, Evert Nooter, its or their affiliates, with all rights reserved.

The Website and the Content are intended solely for your personal, non-commercial use. You may download or copy Content for the sole purposes of placing an order with us or use as a shopping resource. No right, title or interest in any Content is transferred to you as a result of any such processing. Except as noted above or with our prior written permission, you may not, in any form or by any means, reproduce, download, publish, copy, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, lease, loan, rent or exploit in any way any of the Content, whether in whole or in part.

Extraction of data from the Content or the Website is strictly prohibited, and data mining, robots or similar extraction methods are not permitted. Other than as specifically authorized in the Terms and Conditions or otherwise approved by us in writing, any use of the Website, the Content or the Intellectual Property is strictly prohibited and may violate applicable laws.

Trademark
Couleurs de Geraldine™, CdG™, NuVory™, nut-ivory™, nut ivory™, tagua™, Primo Amore™, In Vogue™, Simply Chic™, Nut-Ivory is Not Ivory™, C’est-toi …. It’s You™, Couleur your Life™, Primo Amore™, In Vogue™, Simply Chic ™ and other trademarks, logos, characters, page headers, button icons, scripts, service names and other names or marks of our products, services and programs (collectively “Trademarks”) displayed on the Website are subject to the trademark and other rights of CdG, Geraldine van Amerom, Evert Nooter, its or their respective affiliates. Such Trademarks may be registered in the Netherlands, the United States and internationally. The Trademarks may not be used (including as part of trademarks and/or as part of domain names) in connection with any product or service in any manner that is likely to cause confusion nor may they be copied, imitated, or used, in whole or in part, without our prior written permission. Except as provided in these Terms of Use, your use/misuse of Trademarks or of any other Content is strictly prohibited.

Copyright
All Content appearing on the Website and in related documents and marketing materials, as well as the software used to create them, are owned or licensed by CdG and/or its affiliates and are protected by copyright laws of The Netherlands, the United States and other countries. You may electronically copy and/or print “hard copies” from the Website solely for personal, non-commercial purposes related to placing an order or shopping on the Website. Any other uses of any Content (including linking or framing to this Website), are strictly prohibited unless you first obtain our prior written consent.

Disclaimer
While we work to include accurate and up to date information on this Website, we make no warranties or representations with respect to the Website or the Content, which are provided “as is”. In particular we make no representation or warranty:

(a) That the Website meets the Customer’s requirements, will always be accessible, secure, uninterrupted, timely or operate without error or that defects will be corrected;

(b) That any Item conforms to its description or the colors, texture and detail shown on the User’s computer monitor; or

No advice, results or information, or materials whether oral or written, obtained by you from CdG (whether through the Website or otherwise) shall create any warranty by CdG not expressly made in the Terms and Conditions. If you are dissatisfied with the Website, your sole remedy is to discontinue using the Website.

Limitation of liability
To the maximum extent permitted by law, neither CdG nor any of its officers, directors, employees, shareholders, affiliates or agents of any of them, shall be held liable or responsible for any amount or kind of loss or damage that may result to you or a third party arising out of or related to the use of this Website. This limitation of liability applies to direct, indirect, consequential, special, punitive or other damages you or others may suffer, as well as damages for lost income, goodwill, profits, business interruption or the loss of data or information, even if we are notified in advance of the potential for any such damages.

CdG assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing the Website or any downloading from the Website.

Miscellaneous
Modification to Website: We reserve the right, for any reason, in our sole discretion and without notice to you, to terminate, change, suspend or discontinue any Content, any aspect of the Website, and/or its hours of availability, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Website or restrict your access to part, or all, of the Website without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.

Site Monitoring: CdG reserves the right, but accepts no obligation, to monitor any activity and content on the Website. CdG may investigate any reported violations of Law applicable to Users or transactions on the Website and take action that it deems appropriate. CdG may also investigate the use of a means of payment by a User and take such action as CdG deems appropriate, including but not limited to canceling any order made by such User. Please note that we may prosecute any unauthorized or fraudulent transactions to the fullest extent permitted by law.

Prohibited Conduct: The Website may be used only for lawful purposes by individuals using authorized services of CdG. CdG specifically prohibits, and requires Users to agree not to use the Website for any of the following:

Posting any information or using a payment mechanism which is incomplete, false, inaccurate or not your own;
Impersonating another person;
Constituting or encouraging conduct that would constitute a criminal offense or otherwise violating any law or regulation or which fails to comply with accepted Internet protocol;
Posting material that infringes on any intellectual property, privacy or publicity right of another;
Attempting to interfere in any way with the Website’s or CdG’s networks or network security, or attempting to use the Website’s service to gain unauthorized access to any other computer system.

Violations of system or network security may result in civil or criminal liability. We will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Website.

User Submitted Content and Information: You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of their posting on or through the Website. You understand that once you post information or materials on or through the Website (“User Content”), your content becomes public.

Except for information necessary to place an order, please do not send to us any confidential or proprietary information through the Website. Any information, materials, suggestions, ideas or comments sent to us will be considered non-confidential. By posting User Content, you are giving us the absolute right to use, modify, reproduce, transmit, display, modify, display and distribute it for any purpose whatsoever, with no payment or other compensation to you.

We take no responsibility and assume no liability for any User Content.

The transmission of data over the Internet cannot be guaranteed to be 100% secure. So while we will use commercially reasonable means to ensure the security of information you transmit to us, we cannot guarantee that such information will not be intercepted by third parties. As a result, you transmit information to us at your own risk.

Dispute Resolution: You agree that the Terms and Conditions and any contract between you and CdG shall be interpreted and governed in accordance with the law of the Kingdom of The Netherlands. The United Nations Convention on Contracts for the International Sale of Goods shall have no application to the Terms and Conditions or any such contract.

To the extent permitted by law, the competent courts at the place of the registered office of Couleurs de Geraldine shall have exclusive jurisdiction in respect of any dispute arising from these Terms and Conditions or your use of this Website, subject to our right to prosecute a User at his/her place of residence.

Notices: Official notice to us shall be given by postal mail addressed to the Legal Department at Couleurs de Geraldine, PO Box 938, 1200AX, Hilversum, The Netherlands. Notice to a User shall be given to the e-mail address provided by User to CdG and currently on record. Email notices are deemed to have been given 24 hours after the e-mail was sent by CdG, unless we are notified that the e-mail address is invalid, in which event we may give notice by postal mail at the address provided by the User upon registration. Notice given by postal mail shall be deemed to have been given three (3) business days after the date of mailing by CdG.

Severability: If any provision of the Terms and Conditions is deemed unlawful, invalid or for any reason unenforceable, such provision(s) will be deemed severable from the rest of the Terms and Conditions and will not affect the validity, legality and enforceability of the rest of the Terms and Conditions.

No Waiver: Failure of CdG to exercise any rights or remedies will not constitute a waiver of any rights or remedies available to CdG under the Terms and Conditions or at law.

Entire Agreement: The Terms and Conditions represent the entire agreement between CdG and Users and supersede and replace any other agreement between the parties (including but not limited to any prior versions of the Terms and Conditions).

Terms and Conditions

Terms of Use

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