TERMS OF USE, SALES POLICY, PRIVACY STATEMENT, AND CONDITIONS
last updated as of February 2007
CUSTOMER SERVICE: 1-800-917-4798
TERMS OF USE OF FAUXSIE.COM
WE ENCOURAGE ALL CUSTOMERS TO CALL US TO LEARN ABOUT OUR TERMS OF USE AND SALES POLICIES PRIOR TO PURCHASE.
DISCLAIMERS AND LIMITATION OF LIABILITY
By using this site, you (also, the "Purchaser") hereby acknowledge, understand, and agree that:
- YOUR USE OF THIS SITE IS AT YOUR OWN SOLE RISK. THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FAUXSIE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
- FAUXSIE DOES NOT WARRANT OR REPRESENT THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, (v) THE SERVER THAT MAKES THE SITE AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND (vi) ANY ERRORS IN ANY SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT BOTH YOUR OWN DISCRETION AND YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, OR LOSS OF DATA, THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THEREFOR. YOU, AND NOT FAUXSIE OR ANY OF ITS AFFILIATED COMPANIES OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SUPPLIERS, HEREBY AGREE TO ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO ANY DAMAGE YOU EXPERIENCE FROM ANY SUCH DOWNLOADS OR ANY OTHER SUCH USE.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FAUXSIE,OR ANY OF ITS AGENTS OR REPRESENTATIVES, THROUGH OR FROM THIS SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TERMS OF USE.
- Fauxsie's liability for negligence shall be limited to Fauxsie's actual cost of the transaction(s), unless otherwise provided by law. In any case, Fauxsie shall not be liable for any indirect, consequential, or special losses even if Fauxsie has previously been advised of the likelihood of such losses. In addition, in any case, Fauxsie shall not be liable for any damages caused to items by any purchasers or other third parties, including but not limited to, FedEx, UPS, or any other shipping service.
CHANGES TO TERMS OF USE
Fauxsie shall have right at any time and without prior notice, at its sole discretion, to revise these Terms of Use or to impose new terms and conditions with respect to access to or use of fauxsie.com. Such revisions and additions shall be effective immediately upon notice, which may be given by any means, including but not limited to posting the revised or additional terms and conditions on fauxsie.com. You are responsible for reading this Terms of Use in its entirety and for reviewing fauxsie.com periodically for any modification to these Terms of Use. By using this website, you hereby represent that the contact and billing information on any and all of our website, mailing, or other forms on www.fauxsie.com, or otherwise represented to Fauxsie, are accurate and complete in all respects. Should any of the foregoing information be incorrect or incomplete, you hereby agree to promptly provide the accurate information to Fauxsie. Any access or use of Fauxsie.com site by you after notice of revisions or additions to these terms shall constitute and be deemed to be your agreement to such revisions or additions.
Your failure to at any time enforce any of the provisions of the Terms of Use shall not be deemed or construed to be a waiver of any such provision, nor to in any way affect the validity of this Terms of Use or any provision hereof, or the right of either you or Fauxsie to thereafter enforce each and every provision of these Terms of Use. If any section of this Terms of Use is held to be unlawful, void, invalid, or unenforceable for any reason, the remaining sections of this Terms of Use will not be affected. This Terms of Use and the policies, terms, and conditions stated on the applicable Fauxsie invoice or packing slip contains the entire agreement between the parties relating to the subject matter(s) herein and cannot be modified except in a writing signed by both parties.
You are hereby notified that these Terms of Use remain subject to any pending law(s), statutes, or rulings governing the internet and any dissemination of information, trade, or commerce thereto, including but not limited to, the state taxes as applicable in your state, even if such laws or rulings are not expressly named on this website.
REPRESENTATION OF IMAGES AND CARAT WEIGHTS
Some items may appear slightly larger or smaller than actual size due to screen defaults and photography techniques. Other items may be represented at a larger than actual size in order to clearly show details, or smaller than actual size in order to show the entire item. You hereby understand, acknowledge, and agree that Fauxsie is not responsible for deviations in stone colors, metal finishes, or other similar qualities either in its photographs, catalogs or its website, for reasons including but not limited to, the inconsistent nature of image appearance(s) on varying makes, types and sizes of computer printers, monitors or other viewing or other relevant equipment. In addition, you hereby understand, acknowledge and agree that although Fauxsie makes every effort to ensure the accuracy of carat weight, all listed weights are approximate. All measurements as represented herein are approximate (not exact), and therefore should be used for size, weight, and appearance estimation purposes only. All customers are encouraged to call us with any questions regarding our products.
TRADEMARK, COPYRIGHTS, AND INTELLECTUAL PROPERTY RIGHTS
The names FAUXSIE, FAUXSIE JEWELS, and FAUXSIE.COM are copyrighted and/or trademarks of Fauxsie, and may never be used in any case by any other party without express prior written approval by Fauxsie.
No copyrights, trademarks, or any other intellectual property interests in either Fauxsie's website or items as shown herein are ever purchased, assigned, or otherwise transferred to any purchaser, visitor, or other party to the Terms of Use or related agreements or invoices by any sales or any other use of any Fauxsie or Fauxsie items.
All designs are copyrighted by Fauxsie except where otherwise noted. All unlawful copyright, trademark, or other intellectual property-related infringements will be prosecuted within the fullest extent of the law.
APPLICABLE LAWS
This website (excluding any links) is owned and controlled by Fauxsie from its location within the State of New York, United States of America. By accessing this website, both you and Fauxsie hereby agree that the statutes and laws of the State of New York, without regard to conflict of laws, hereby applies to all matters relating to use of this website. In addition, irrespective of the place of execution or performance, you hereby agree to the exclusive personal jurisdiction and venue of the Supreme Court for the State of New York for New York County or the United States District Court for the Southern District of New York.
Visitors to this website are hereby responsible for their own compliance with local laws regarding website use and access.
INDEMNIFICATION
You hereby agree to defend, indemnify, and hold harmless Fauxsie, its officers, directors, employees, members, agents and affiliates from and against any claims, proceedings, damages, injuries, liabilities, losses and expenses, including without limitation legal and accounting fees and other miscellaneous expenses relating to your use of this site or arising from your breach of the Terms and Conditions.
LINKED WEBSITES
Any other websites that are accessible via any link on this site are not under the control of Fauxsie. Fauxsie is not responsible for the contents of any linked site or any link contained in a linked site, nor do we regularly review or endorse the content posted or products and services offered on external websites. You hereby acknowledge, understand, and agree that viewing the contents of any linked website is at your own risk.
EXPORT RESTRICTIONS
You hereby acknowledge and agree that all products listed on this website are subject to the U.S. Export Administration Laws and Regulations. You hereby agree that no product will be shipped, transferred or re-exported, directly or indirectly, to proscribed embargoed countries or their nationals, unless authorized by the United States Government.
TERMINATION
Fauxsie may terminate this agreement at any time in the event of any conduct in which Fauxsie, in its sole discretion, deems unacceptable, or in the event of any breach by you of the Terms and Conditions. Upon such a termination by Fauxsie, you agree to immediately cease all use of this website.
SALES POLICY
CONTACT INFORMATION
Our postal address is:
Fauxsie
P.O. Box 1359
New York, New York 10113
Attn: Customer Service
Our telephone number is:
1-800-917-4798 - orders & delivery status questions, 10-6 EST, 7 days a week
(voicemail available after hours)
All telephone orders should be placed at the toll-free number above.
PRICES
Please note that prices can increase or decrease over time, including without limitation, to reflect the ever-increasing prices of metals, labor, and stones and/or promotions.
DELIVERY TIME
In some cases, Fauxsie produces jewelry items to order. Unless otherwise stated at the time an order is placed, Fauxsie attempts to ship all orders in the continental United States within 3 (three) to ten (10) business days (i.e., Monday through Friday) after the date the relevant item(s) becomes available. If you need your order by a certain date or have any questions about when your item will arrive, please call us at 1-800-917-4798. We attempt to accomodate rush orders when possible. In the case of overseas deliveries or custom orders, delivery can take up to two (2) weeks after the date such item(s) becomes available for shipping. However, there may be circumstances beyond our control that cause additional delay, and in such circumstances, Fauxsie will notify the customer of such delay and attempt to deliver the goods as soon as practicable when such item(s) becomes available.
Unless otherwise arranged, products are shipped via UPS or FedEx insured shipping with signature required. Fauxsie is not responsible for any delays caused or experienced by UPS, FedEx, or any other carrier.
SALES TAX
At the time of writing this Terms of Use, NY retail customers will be charged state sales tax according to the local laws of their relevant state. If you are not a NY customer, local taxes as applicable may or may not be added to your order for deliveries, pursuant to the laws of the state of your shipping address.
CANCELLATION OR ORDER TERMINATION
You hereby acknowledge and agree that you are fully and irrevocably responsible for any and all item(s) purchased by you via www.fauxsie.com, regardless of any cancellation or termination for any reason whatsoever. For any and all cancelled or terminated orders for any reason, you hereby acknowledge and agree that any partial payments made by you as paid towards any of your order(s) placed on www.fauxsie.com are never, in any case, to be deemed to be a settlement or other satisfactory payment in full towards the actual full balance of the total amount owed as listed on www.fauxsie.com. In addition, you hereby acknowledge and agree that any and all total amount(s) owed for any and all item(s) purchased by you as listed on www.fauxsie.com, whether such item(s) remain incomplete, or whether any such items or parts are or were purchased for you at separate times or all together, will be immediately and promptly due and owed by you to Fauxsie, and therefore immediately and promptly owed and paid to Fauxsie if you decide to cancel or terminate your order(s) at any time for any reason whatsoever. Fauxsie retains all rights to determine what items, in our sole discretion, have been cancelled or terminated, and the resulting fees that might arise thereto.
RETURN POLICY
All discount, special, and custom orders are not returnable or exchangeable. Custom orders, including any deposits made in payment thereof are never returnable in any case. Earrings are never returnable in any case for hygienic reasons. Non-custom order articles will only be considered for possible credit or exchange if returned, in Fauxsie's sole discretion, in new, unworn condition, to Fauxsie's actual possession within three (3) days of the customer's receipt of such articles, as evidenced by a valid return authorization number and a shipping receipt, AND accompanied by a Fauxsie invoice. A refund within this 3-day return period will only be made to the purchaser on such non-custom ordered items upon request ONLY IF a payment has already been received by Fauxsie. To authorize any returns for non-custom order items, the purchaser must first contact Fauxsie within this 3-day period to both notify Fauxsie of such return and to receive a return authorization number. In any case, only purchases returned with a valid return authorization number from Fauxsie will be considered for refund.
ALL RETURNED ITEM(S) MUST BE SENT VIA A trackable system such as a parcel delivery or courier service THAT INSURES THE PURCHASED ITEM(s) FOR THE FULL RETAIL VALUE AS LISTED BY FAUXSIE, SUCH INSURANCE AND DELIVERY METHOD TO BE EVIDENCED BY written proof, with a COPY of such written proof sent VIA OVERNIGHT DELIVERY OR OVERNIGHT COURIER TO FAUXSIE. DO NOT JUST PUT YOUR ITEM(S) IN THE MAIL. Fauxsie will not accept liability for any lost items without written proof of fully insured delivery as required herein. ANY REQUESTS FOR RETURNS THAT ARE NOT SENT VIA THE COMPLETE FOREGOING PROCESS WILL BE DENIED.
FAUXSIE HEREBY RESERVES THE RIGHT TO DECLINE ANY RETURNS BOTH DURING & AFTER THE 3-DAY RETURN PERIOD. Any and all shipping costs, including but not limited to any insurance thereto, are never refundable in any case.
AVAILABILITY OF THE WEBSITE AND DISPLAY OF GOODS
Fauxsie will use reasonable efforts to ensure that this website does not have any problems and that the goods displayed are available. However, Fauxsie cannot guarantee the availability of this website, nor can Fauxsie guarantee that any of the goods on this site are in stock or available, or that the display of goods on this website is the full or complete catalog of its goods.
PAYMENT FOR GOODS AND DELIVERY CHARGES
All payments, which must include any additional shipping, handling, and/or restocking fees, must be made to Fauxsie by either a VISA, MasterCard, Discover, or American Express credit card. Fauxsie will not accept any other form of payment. All transactions are completed on a secure server. Delivery charges are set out and confirmed at the same time that the order is made, and are never refundable in any case. By purchasing an item, the purchaser hereby represents that the contact and billing information on the invoice is accurate and complete in all respects.
DELINQUENT PAYMENTS
An interest rate of 1.5% per month or an annual rate of 18% shall be charged on all delinquent accounts.
DAMAGED OR INCOMPLETE ORDERS INITIAL DELIVERY
If you receive any order(s) that are either damaged or incomplete or otherwise unsatisfactory upon initial delivery to you, you are required to speak with a customer service representative within 24 hours of receipt of your item at 1-888-455-2546 so we can try to help you.
SHIPPING RISK
You assume the risk of loss for items lost in shipment beginning the instance such items pass to the delivery carrier.
MISCELLANEOUS
The provisions of this agreement are severable and if any part of it is found to be unenforceable, the other parts shall remain valid and enforceable. Except as otherwise provided herein, no waiver by either party hereto of a breach by the other party of any condition or provision of the agreement to be performed by the other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time or at any prior or subsequent time.
CONTACT US
Contact us with any questions regarding our Terms of Use at the telephone number above.
PRIVACY STATEMENT
This privacy statement ("Privacy Statement") describes the types of information we collect, how we use your information to improve your shopping experience, the limited circumstances under which we might disclose information you provide us and the measures we take to safeguard your information at fauxsie.com. The following are the types of information we gather:
INFORMATION YOU GIVE US
We receive and store any information you enter on fauxsie.com or give us in any other way. You provide information to fauxsie.com when you purchase products, sign up for our e-mail newsletters, or communicate with customer service. As a result of those actions, you might supply us with such information as your name, address, and phone number; gender; credit card information; e-mail address; or people to whom purchases have been shipped (for example, a gift recipient), including address and phone number.
"COOKIES" AND INFORMATION AUTOMATICALLY COLLECTED
We automatically receive and store certain types of information whenever you visit fauxsie.com. For example, like most Web sites, we use "cookies." Examples of the information we collect and analyze include the Internet protocol (IP) address used to connect your computer to the Internet; e-mail address; password; computer and connection information such as browser type and version, operating system, and platform; purchase history; Uniform Resource Locators (URL) clickstream to, through, and from fauxsie.com, including date and time; cookie number; products you viewed or searched for; and phone number used to call our 800 number. We use data collection devices such as "cookies" on certain pages of fauxsie.com. "Cookies" are small files placed on your hard drive that assist us in providing customized services. We also offer certain features that are only available through the use of a cookie. If applicable, we also use cookies to allow you to enter your password less frequently during a session. Most cookies are "session cookies," meaning that they are automatically deleted from your hard drive at the end of a session. You are always free to decline our cookies if your browser permits, although in that case you may not be able to use certain features on fauxsie.com and you may be required to reenter your password more frequently.
INFORMATION FROM OTHER SOURCES
For certain reasons, such as providing you special offers that we think will be of interest, we might receive information about you from other sources and add it to our account information. We also sometimes receive updated delivery and address information from our shippers or other sources so that we can correct our records and deliver your next purchase or communication more easily.
OUR USE OF YOUR INFORMATION
We use information in the file we maintain about you, and other information we obtain from your current and past activities on fauxsie.com. By visiting our site, you agree that we may use personally identifiable information about you to complete your order, improve our marketing and promotional efforts, analyze site usage, improve our content and product offerings, and customize fauxsie.com's content, layout, and services. These uses improve fauxsie.com and better tailor it to meet your needs. You agree that we may use your information to contact you and deliver information to you that, in some cases, is targeted to your interests, such as administrative notices, product offerings, and communications relevant to your use of the fauxsie.com.
DOES FAUXSIE.COM DISCLOSE THE INFORMATION IT RECEIVES?
We do not sell or rent any personally identifiable information about you to any third party. The following describes some of the other ways that your personally identifiable information may be disclosed.
AGENTS
We employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders, delivering packages, sending postal mail and e-mail, analyzing data, providing marketing assistance, performing credit checks and approvals, processing credit card payments, collecting on delinquent accounts and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes.
BUSINESS TRANSFERS
As we continue to develop our business, we might buy the online and/or off-line retail operations of others. In such transactions, customer information generally is one of the transferred business assets. Also, in the unlikely event that fauxsie.com or substantially all of its assets are acquired by or transferred to another entity, customer information would likely be one of the transferred assets.
GOVERNMENT AND LEGAL DISCLOSURES OF YOUR INFORMATION
We may disclose information about you to law enforcement or other government officials as we believe necessary in connection with an investigation of illegal activity that may expose you or us to legal liability. In addition, if you have purchased products from us on extended payment terms, it may be necessary for us to file certain information about you with state or local government offices to perfect our security interest in the products so purchased, or to provide certain information about you to collection agencies in the event of non-payment or a payment dispute. We may also disclose your information when we determine it is necessary to comply with applicable laws or to protect the interests or safety of Fauxsie or other visitors to fauxsie.com.
LINKS TO AND FROM OTHER WEBSITES
fauxsie.com interacts with other Web sites for the online shopping portion of our website. We use Mal's e-commerce for our shopping cart and Linkpoint International for our credit cart processing, both of which use industry-standard security such as Secure Socket Layer encryption. In addition, if you linked to fauxsie.com through another site, the site you linked from may collect information from people who click on the banner or link. You may want to refer to the privacy statements on those sites to see how they collect and use this information. We are not responsible for the privacy practices of those or any other sites.
YOUR ACCEPTANCE OF OUR PRIVACY STATEMENT
By using our site, you agree to our Privacy Statement, including our privacy practices. If you do not agree to our Privacy Statement, you must not use our site. If we change our privacy practices, we will post the changes on this page so that you can always know what information we collect, how we use it and under what circumstances we share it. If we are going to use or share your personally identifiable information that we collected before the change in a manner that is materially different from our practices as disclosed at the time of collection, we will notify you by e-mail and provide you with a choice as to whether or not we use or share your information in this materially different manner. Otherwise, your continued use of our site following the posting of changes will indicate you accept those changes.
TO CHANGE OR CORRECT INFORMATION
You can always choose not to provide information, even though it might be needed to make a purchase or to take advantage of other fauxsie.com features. Fauxsie.com offers the ability to correct or change the information collected through your use of fauxsie.com by calling us at (800) 917-4798. You can change this information at any time and as often as necessary. If you experience problems or have any questions about our services, contact us at (800) 917-4798. When you update information, we usually keep a copy of the prior version for our records. We encourage all customers and users to contact us with any changes or questions.
ELECTRONIC NEWSLETTERS AND E-MAILS
We send one email message to confirm each order you make, and we occasionally send you other email messages containing information specifically relating to your order (such as shipping delays). We also send one email message to each winner of our contests and sweepstakes.
On rare occasions we send out strictly service related e-mail announcements. These announcements are not promotional in nature. For instance, we might send you an email message if our service is temporarily suspended for maintenance, or to let you know about a change in our privacy policies.
Fauxsie.com offers free periodic email updates as a service to our users. In addition, fauxsie.com may periodically send you information and product promotions via e-mail. You may cancel your subscription to our email newsletter or end product related e-mails from fauxsie.com at any time by following the instructions contained at the end of every such newsletter or e-mail. You may also elect to remove your e-mail address from our newsletter and e-mail mailing lists by sending us an email.
SECURITY
Fauxsie.com uses third-party e-commerce sites to process our online orders, which follow industry standard practices to safeguard the confidentiality of your personally identifiable information, including Secure Socket Layers (SSL) encryption. However, perfect security does not exist on the Internet, and we encourage all users to take their own measures to protect against unauthorized access to their computers.
TRANSACTIONS FROM UNAUTHORIZED USE OF CREDIT CARDS
In the event of unauthorized use of your credit card, you must notify your credit card provider in accordance with its reporting rules and procedures.
CHILDREN
Children are not eligible to use fauxsie.com and we ask that minors (under the age of 18) do not submit any personal information to us. If you are a minor, you can use fauxsie.com only in conjunction with your parents or guardians.
TERMS OF USE: NOTICES AND REVISIONS
If you choose to visit fauxsie.com, your visit and any dispute over privacy is subject to this Privacy Statement, in addition to our Terms of Use. If you have any concern about privacy at fauxsie.com, please send us a thorough description of your concern. Our business changes constantly. This Privacy Statement will likely change also, and use of information that we gather now is subject to the Privacy Statement in effect at the time of use. We may e-mail periodic reminders of our notices and conditions, unless you have instructed us not to, but you should check fauxsie.com frequently to see recent changes.
