Shop an extended inventory of RingWraps for Aggie Ring Day | April 10-12

OUR TERMS OF SERVICE

OVERVIEW

David Gardner’s Jewelers is the operator of this website. Throughout this website, the terms “we”, “us” and “our” will refer to David Gardner’s Jewelers. David Gardner’s Jewelers offers this website, which includes all of the information, tools and services available from this website to you, the user, as conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.

By visiting our website and/ or purchasing merchandise from us, you engage in our “Service” and you agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”). This includes all additional terms and conditions and policies referenced herein and/or available via hyperlink. These Terms of Service apply to all of the users of the website, including without limitation all users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully prior to accessing or using our website. By accessing or utilizing any portion of this website, you agree to be bound by these Terms of Service. If you do not agree to all of the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered like an offer, then acceptance is expressly limited to these Terms of Service.

The Terms of Service will also cover any new features or tools which we add to the current store. We do so reserve our rights to update, change or replace any part of these Terms of Service via posting updates and/or alterations to our website. You are responsible for periodically checking this page for changes. Your continued use of or access to the website following the posting of any changes constitutes your acceptance of those changes.

Our store is hosted on WP Engine. They furnish us with an online e-commerce platform allowing us to sell our products and services to you.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent you have at least attained the age of majority in your state or province of residence, or that you have attained the age of majority in your state or province of residence and you have granted us your consent to allow any of your minor dependents to use this website.

You may not utilize our products for any illegal or unauthorized purpose nor may you, in the usage of the Service, violate any laws within your jurisdiction (this includes but is not limited to copyright laws).

You must not transfer any viruses or worms or any code of a destructive nature.

A breach or a violation of any of the Terms will result in the immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve our right to refuse service to anyone for any reason at any time.

Your content (not including your credit card information), can be transferred unencrypted and may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. We will always encrypt credit card information during transfer over networks.

You agree not to duplicate, copy, reproduce, sell, resell or exploit any portion of the Service, usage of the Service, or access to the Service or any contact on the website through which we furnish the service, without our express written permission.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We cannot be held responsible if any information available on this website is not complete, accurate, or current. We furnish the material on this website for general information only and you should not rely upon it or use it as your sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this website you do at your own risk.

This website may contain certain historical information. Historical information, by definition, is not current and we furnish it for your reference only. We reserve our right to modify the contents of this website at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without any notice at any time.

We will not be liable to you or to any third party for any alteration, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES (IF APPLICABLE)

Some products or services may be available exclusively online through this website. These products or services may have limited quantities and they are subject to return or exchange only according to our Return Policy.  

We make every effort to display as accurately as possible the colors and images of our products which appear at the store. We cannot promise your computer monitor’s display of any color will be accurate.

We reserve our right, but are under no obligation, to limit sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve our right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve our right to discontinue any product at any time. Any offer for any product or service made on this website is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any mistakes in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve our right to refuse any order you place with us. We can, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number furnished at the time you made the order. We reserve our right to limit or prohibit orders that, in our sole judgment, seem to have been placed by dealers, resellers or distributors.

You agree to furnish complete, current and accurate purchase and account information for all of your purchases made at our store. You agree to promptly update your account and other information, including your email address and your credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detailed information, please check our Returns Policy.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third party tools which we do not monitor and have neither control nor input.

You acknowledge and agree we furnish access to these tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We will have no liability arising from or relating to your use of optional third party tools.

Any use by you of optional tools offered via the website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms by which relevant third party providers furnish those same tools.

We may also, in the future, offer new services and/or features via the website (including, the release of new tools and resources). Such new features and/or services will also be subject to these Terms of Service.

Certain content, products and services available via our Service can include materials from third parties.

Third party links on this website might direct you to third party websites not affiliated with us. We are not responsible for examining or judging their content or accuracy and we do not warrant and will not have any liability or responsibility for any third party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, content, resources, or any other transactions made in connection with any third party websites. Please carefully check any third party’s policies and practices and be sure you understand them before you engage in any transaction. Be sure to direct all complaints, claims, concerns, or questions regarding third-party products to the third party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send in certain specific submissions (ex: contest entries) or without a request from us you send creative ideas, proposals, suggestions, plans, or other materials, whether online, by email, via postal mail, or otherwise (collectively called ‘comments’), you agree that we may, at any time, and without any restriction, edit, copy, distribute, publish, translate and otherwise use in any medium any comments you send us. We are and will be under no obligation (1) to maintain comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but are under no obligation to, monitor, edit or remove content which we determine in our sole discretion is unlawful, threatening, offensive, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware which could in any way impact the operation of the Service or any related website. You may not use a false email address, pretend to be anyone other than yourself, or otherwise mislead us or any third parties as to the origin of any comments. You are the only person responsible for all comments you make and their accuracy. We take no responsibility and assume no liability for any and all comments posted by you or any third party.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11 – ROLEX SECTION OF WEBSITE

While navigating on the Rolex section of our website, you may interact with an embedded website from www.rolex.com. In such case, Terms of Use, Privacy Notice and Cookies Policy of www.rolex.com are sole applicable.

SECTION 12 – MISTAKES, INACCURACIES AND OMISSION

At times there may be information on our website or in the Service which contains typographical mistakes, inaccuracies or omissions which could relate to product descriptions, pricing, offers, promotions, product shipping charges, transit times and availability. We reserve our right to correct all mistakes, inaccuracies or omissions, and to change or update information or to cancel orders if any information in the Service or on any related website is inaccurate at any time and without prior notice (this includes after you have submitted your order).

We are not under any obligation to update, amend or clarify any information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be construed as indicating that all information in the Service or on any related website has been modified or updated.

SECTION 13 – PROHIBITED USES

In addition to the other prohibitions as set forth in the Terms of Service, you are prohibited from using the website or its content:

  • for any unlawful purpose
  • to solicit others to perform or participate in unlawful acts
  • to violate any international, federal, provincial or state regulations, laws, rules, or local ordinances
  • to infringe on or violate our intellectual property rights or the intellectual property rights of others
  • to harass, abuse, harm, insult, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, race, age, religion, ethnicity, national origin, or disability
  • to submit false or misleading information
  • to upload or transmit worms or viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet
  • to collect or track the personal information of others
  • to spam, pretext, phish, pharm, spider, crawl, or scrape
  • for any obscene or immoral purpose; or
  • to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

We reserve our right to terminate your use of the Service or any related website for violations of any of the prohibited uses.

SECTION 14 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or mistake-free. We do not warrant the results obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree your usage of, or inability to utilize, the service is at your sole risk. The service and all products and services delivered to you via the service are (except as we expressly state) furnished ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of durability, merchantability, merchantable quality, fitness for a particular purpose, title, and non-infringement.

In no case will David Gardner’s Jewelers, our directors, officers, employees, affiliates, contractors, agents, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, special, incidental, punitive, or consequential damages of any kind, including without limitation lost profits, lost savings, lost revenue, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products obtained through using the service, or for any other claim as related in any way to your use of the service or any product, including, but not limited to, any mistakes or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Some states or jurisdictions do not permit such an exclusion or a limitation of liability for consequential or incidental damages. Therefore, in such states or jurisdictions, our liability will be limited to the maximum extent permitted by law.

SECTION 15 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless David Gardner’s Jewelers and our parent, subsidiaries, partners, affiliates, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, as made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of rights of a third party or of any law.

SECTION 16 – SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision will nonetheless be enforceable to the fullest extent as permitted by applicable law, and the unenforceable portion will be deemed as severed from these Terms of Service, such determination will not affect the validity and enforceability of any other remaining provisions.

SECTION 17 – TERMINATION

The obligations and liabilities of the parties incurred before the termination date will survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until they are terminated by either us or you. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you discontinue using our website.

If in our exclusive judgment you fail, or we suspect you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice. You will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 18 – ENTIRE AGREEMENT

Any failure of us to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this website or with respect to The Service constitutes the entire agreement and understanding between you and us and control your use of the Service. These supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any earlier versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service will not be construed as against the drafting party.

SECTION 19 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services are governed by and construed as in accordance with the laws of 911 University Drive E, College Station, TX, 77840.

SECTION 20 – CHANGES TO TERMS OF SERVICE

You can peruse the most current version of the Terms of Service at any time on this page.

We reserve our right, at our sole discretion, to update, alter or replace any portion of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continuing usage of or access to our website or our Service following the posting of any alterations to these Terms of Service constitutes your acceptance of those changes.

SECTION 21 – OUR CONTACT INFORMATION

Send any questions about the Terms of Service to us using the ‘Contact’ form on our website.