Once in a Blue Moon Custom Jewelry

Introduction

Buyer agrees to the terms and conditions outlined in this Online Contract ("Contract") with respect to the goods, services and information provided by or through the Site. This Contract constitutes the entire and only agreement between the Store and Buyer, and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the goods, services and information provided by or through the Site, and the subject matter of this Contract. Buyer agrees to review this Contract prior to purchasing anything and purchase of a good or service shall be deemed acceptance of this Contract.

Payment

Buyer may pay for orders by Paypal (or credit card through Paypal), money order, casher's check or personal check. All payments should be made in U.S dollars. Items requested for payment with Paypal, money order, casher's check or personal check will only be held for 14 days after Buyer submits his/her order. After that time the items will be re-listed on the Site and it can not be guaranteed that they will be available after that time. Paypal should be sent to sales@1inabluemoon.com. Casher's check and personal check should be made payable to Once in a Blue Moon. Money order, casher's check, or personal check should be sent to the following address: Once in a Blue Moon, Box 80623, Athens, GA 30608, U.S.A.

Editing, Deleting, and Modification

Store reserves the right in its sole discretion to edit or delete any information or content appearing on the Site and to remove any goods and services for sale. Store may modify this Contract, or prices, and may discontinue or revise any or all aspects of the Site in its sole discretion and without prior notice. Modification of this Contract will be deemed effective upon publication on the Site.

Right to Refuse

Store reserves the right in its sole discretion to refuse service at any time. Sale of any goods or services is subject to availability. Store reserves the right to resell goods to other customers if Store can not receive Buyer's payment within two weeks after Buyer submits order from the Site.

Indemnification

Buyer agrees to indemnify, defend and hold Store harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to a Buyer's violation of this Contract or use of the Site.

Non-Transferable

Buyer's right to use the Service is not transferable and is subject to any limits established by Store.

Disclaimer

THE SERVICE, CONTENT, GOODS AND SERVICES FROM OR THROUGH THE SERVICE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE SOLE AND ENTIRE MAXIMUM LIABILITY OF STORE, FOR ANY REASON, AND BUYER'S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE PARTICULAR ITEMS PURCHASED. STORE IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN STORE AND BUYER. THIS SITE AND GOODS AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SOME STATE STATUTES MAY APPLY REGARDING LIMITATION OF LIABILITY.

Refund Policy

If a product purchased is defective or not to Buyer's satisfaction, Buyer can return the product in its original condition within 30 days after the original shipping date, to the following address: Once in a Blue Moon, P O Box 80623, Athens, GA 30608, U.S.A. In such event, Store will refund the Buyer all purchase amount (less shipping and handling charges incurred). This Section sets forth Buyer's sole and exclusive right to refund.

Shipping Fees

There is a shipping and handling flat fee of $9.95 on all orders. This fee is charged per complete order and not on each individual item in the order.

Use of Information

Store reserves the right, and Buyer authorizes Store, to the use and assignment of all information regarding Buyer's use of the Site and all information provided by Buyer, subject to applicable law.

Miscellaneous

This Contract shall be treated as though it were executed and performed in Athens, Georgia, and shall be governed by and construed in accordance with the laws of the United States of America and of the State of Georgia(without regard to conflict of law principles). Any cause of action of Buyer with respect to the Site must be instituted within six (6) months after any purchase or be forever waived and barred. All actions shall be subject to the limitations set forth in Disclaimer. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party. All legal proceedings arising out of or in connection with this Contract shall be brought solely in Athens, Georgia, and Buyer expressly submits to the jurisdiction of said courts and Buyer consents to extra-territorial service of process. Should any part of this Contract be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site or the Store is in conflict or inconsistent with this Contract, this Contract shall take precedence. Failure of Store to enforce any provision of this Contract shall not be deemed a waiver of such provision nor of the right to enforce such provision.

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