Terms and Conditions

These terms and conditions apply to the Casa del Jade website located at lacasadeljade.com.

Please read these terms and conditions (hereinafter, “Terms and Conditions”) carefully.

BY USING THE SITE, YOU EXPRESS YOUR AGREEMENT TO THESE TERMS AND CONDITIONS.

These Terms and Conditions govern your use of the Casa del Jade Site and constitute an agreement between you and Casa del Jade. Casa del Jade reserves the right to modify any Terms and Conditions, policies, or guidelines of the Site at any time, at its sole discretion. Any modifications will be effective immediately upon posting of such updates on the Site. Your continued use of the Site following the posting of such modifications will constitute your acceptance of such changes. Therefore, you should occasionally review these Terms and Conditions, as well as any other applicable policies, to understand the terms and conditions that apply to your use of the Site. If you do not agree to the modified terms and conditions, you must discontinue using the Site.

PRODUCT PRICES

The information, including prices, published on our Site may not be completely accurate, due to system or typographical errors. Although we try to avoid these types of errors, they may occur. We reserve the right to correct any or all errors and to refuse to accept inaccurate or erroneous prices. If a product’s price is lower than its actual price, at our discretion, we will contact you to instruct you on how to proceed before shipping the product or cancel the order and notify you of such cancellation. If the order has already shipped, you agree to return the product or pay the difference between the actual price and the price charged.

Our prices are subject to change without notice. We apologize for any inconvenience this may cause. If you have any questions, please feel free to contact one of our Sales Executives at [email protected] or (502) 7932-5701.

We do not negotiate the prices of our products. All prices are final.

INFORMATION ABOUT OUR SITE

At Casa del Jade, we make every effort to ensure that our online catalog is as accurate and complete as possible. In order to offer you the opportunity to view our products in great detail, some product photographs may be enlarged or reduced beyond their actual size, although color and size may vary slightly, as not all computer or cell phone screens are configured the same.

Our goal is to provide you with all available information about your potential purchase, so you can appreciate the beauty and shape of a particular product.

Our product measurements are indicated on the Site, according to our billing specifications. Slight tolerances in the finish may be found during manufacturing.

  • Regarding gem and pearl measurements, a tolerance of 0.25 mm is allowed.
  • At Casa del Jade, we use the highest quality Guatemalan Jadeite Jade.
  • We do not use dyes or chemicals to enhance or change the color of the jade.
  • Each piece of jade is unique and the color may vary from that shown in the photos on this Site.

SITE CONTENT

The Site and all of its contents and other materials, including, but not limited to, the Casa del Jade logo and all designs, as well as the text, graphics, images, selection, coordination, design, information, software, sound files, or other files, and the selection and arrangement thereof (collectively, “Site Materials”), are the exclusive property of Casa del Jade, its licensors, or users and are protected by trade dress, copyright, patent, or trademark laws, as well as various other intellectual property rights or unfair competition laws.

TRADEMARKS

The Casa del Jade logos and any other product or service names or slogans appearing on our Site are trademarks of Casa del Jade, its suppliers, or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Casa del Jade or the trademark holder. You may not use metatags or any other “hidden text” utilizing the name “Casa del Jade” or any other Casa del Jade name, trademark, or product or service name without Casa del Jade’s prior written permission. All other Casa del Jade trademarks, registered trademarks, product names, and logos appearing on our Site are the property of their respective owners.

USE OF THE SITE

You are granted a personal, limited, and unrestricted license to access and use our Site and make electronic copies (except as prohibited without a license) and print portions of the Site Materials for informational, non-commercial, and personal use only. This license is subject to the Terms and Conditions and does not include: (a) any resale or commercial use of this Site or the Site Materials; (b) any collection and use of any product listings, images, or descriptions for commercial purposes; (c) the distribution, communication, or public display of any of the Site Materials; (d) modifying or making derivative uses of our Site or the Site Materials, or any portion thereof; (e) using any automated means to access, monitor, or interact with any portion of our Site, including through the use of data mining, robots, spiders, scraping, or other similar data gathering or extraction methods; (f) download (other than caching) any portion of our Site, the Site Materials, or any information appearing on them, except as expressly authorized on the Site; (g) cause the display of any pop-up messages, pop-out windows, maximize buttons, banners, advertising, or anything else that minimizes, obscures, or impairs the proper display of our Site (h) use our website in any way that interferes with the normal operation of our site; or (i) any use of our Site or the Site Materials other than for their intended purpose. Any use of our Site or the Site Materials other than as specifically authorized herein, without Casa del Jade’s prior written permission, is strictly prohibited and will terminate the license granted to you herein. Furthermore, such unauthorized use may violate applicable laws, including, but not limited to, copyright and trademark laws, as well as other applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms and Conditions should be construed as conferring any license to any intellectual property rights, whether by estoppel, implication, or otherwise. This license may be revoked at any time.

INFRINGER POLICY

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws, Casa del Jade has adopted a policy of terminating, in appropriate circumstances and at Casa del Jade’s sole discretion, site users or account holders who are deemed to be repeat infringers. Casa del Jade may also, at its sole discretion, limit access to this site or terminate the accounts of users who infringe any third-party intellectual property rights, whether or not they are repeat infringers.

THIRD-PARTY CONTENT

Casa del Jade may offer links to third-party websites and content (hereinafter, “Third-Party Content”) as a service to those interested in such information. Casa del Jade does not monitor or control these sites or Third-Party Content. Casa del Jade does not endorse Third-Party Content and makes no guarantees regarding its accuracy or completeness. Casa del Jade does not represent or guarantee the accuracy of the information contained on the site and assumes no responsibility for updating or reviewing any Third-Party Content. Users use these links and the Third-Party Content appearing on the site at their own risk.

ADVERTISEMENTS AND PROMOTIONS

Casa del Jade may manage third-party advertisements and promotions on our Site. Your correspondence, business transactions, or participation in promotions with advertisers other than Casa del Jade, as well as any terms, conditions, warranties, or representations associated with such transactions, are solely between you and the third party. Casa del Jade is not responsible for any loss or damage of any kind resulting from such transactions or from the presence of advertisers other than Casa del Jade on our Site.

COMMENTS

You acknowledge and agree that any materials, including, but not limited to, questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials, or any other information, regarding this site, Casa del Jade, or the products or services Casa del Jade offers you are non-confidential and shall become the exclusive property of Casa del Jade. Casa del Jade shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of such materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You grant Casa del Jade, its affiliates, and partners the right to use the name you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the content you submit or otherwise have the right to submit such content to this site; (b) the content is accurate and not misleading; and (c) the use and publication of the content you provide will not violate any rights or cause injury to any person or entity.

COMMENTS ON PRODUCTS AND USER CONTENT

Our Site includes a feature for commenting on our products and incorporates, or may incorporate in the future, other areas or services where you or third parties create, post, or store content, messages, materials, or other elements on our Site (hereinafter, “Interactive Areas”). You are solely responsible for the use of such Interactive Areas and must use them at your own risk. By using the Interactive Areas, you agree not to post, upload, transmit, distribute, store, create, or publish through our Site any of the following:

  • Any messages, data, information, text, music, sounds, photos, videos, graphics, codes, or other materials (hereinafter,
  • “User Content”) that is defamatory, libelous, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, an invasion of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable;
  • User Content that constitutes, encourages, or provides instructions for committing a crime, violates the rights of any party, or otherwise creates liability or violates any local, state, national, or international laws.
  • User Content that could infringe any patents, trademarks, trade secrets, copyrights, or other intellectual or proprietary rights of any party. By posting User Content, you represent and warrant that you have the legal right to distribute and reproduce such User Content.
  • User Content that impersonates any person or entity or otherwise misrepresents your affiliation with any person or entity.
  • Unsolicited promotions, political campaigns, advertisements, or solicitations.
  • Private information of third parties, including but not limited to addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers.
  • Viruses, corrupted data, or any other harmful, disruptive, or destructive files.
  • User Content that, in Casa del Jade’s judgment, is objectionable or that restricts or inhibits any other person from using and enjoying the Interactive Areas of our Site or that may expose Casa del Jade or its users to any harm or liability of any kind.

Casa del Jade is not responsible and assumes no liability for any User Content posted, stored, or uploaded by you or any third party, nor for any loss or damage to it. Likewise, Casa del Jade is not responsible for any errors, defamation, insults, slander, lies, falsehoods, obscenities, blasphemies, or pornographic content that may be encountered. Your use of the Interactive Areas is solely at your own risk. As a provider of interactive services, Casa del Jade is not responsible for statements, representations, or User Content provided by its users in public forums, personal pages, or other Interactive Areas. Although Casa del Jade has no obligation to review, edit, or monitor the content posted in the Interactive Area, Casa del Jade reserves the right, at its sole discretion, to remove, review, or edit User Content posted or stored on our Site at any time and for any reason without prior notice. The user is solely responsible for backing up and replacing any User Content posted or stored on our Site, assuming the cost thereof. Any use of the Interactive Areas or other parts of our Site that violates the above restriction and breaches these Terms and Conditions may result in, among other consequences, the suspension of your rights to use the Interactive Areas and our Site.

To comply with governmental requests, orders, and subpoenas, to protect Casa del Jade’s systems and customers, or to ensure the integrity and operation of Casa del Jade’s business and systems, Casa del Jade may access and disclose any data it deems necessary or appropriate, including, but not limited to, user profile information (e.g., name, email address, etc.), IP address, traffic information, history, and posted User Content. Casa del Jade’s right to disclose such information shall govern over any terms of the Casa del Jade Privacy Policy.

By posting User Content on our Site, unless we indicate otherwise, the user grants Casa del Jade and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and non-sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, or display such User Content worldwide and in any media. The user grants Casa del Jade, its affiliates, and partners the right to use the name submitted in connection with such content, if they so desire. The user represents and warrants that (a) they own and control all rights to the User Content they post or otherwise have the right to post such User Content on this site; (b) the User Content is accurate and not misleading; and (c) the use and posting of the User Content provided by the user will not violate any rights or cause harm to any person or entity.

INDEMNIFICATIONS

The user agrees to defend, indemnify, and hold harmless Casa del Jade, its contractors, service providers, and independent consultants, as well as its respective directors, employees, and agents, from any claims, damages, liabilities, and expenses (including, but not limited to, attorneys’ fees) arising out of or related to the Content that the user posts, stores, or transmits in any way through our Site or from the use or inability to use it. This includes, but is not limited to, lawsuits, legal actions, or threats thereof filed against Casa del Jade or its service providers, employees, directors, consultants, or independent contractors, as a result of or in connection with the user’s Content and behavior, the violation of the Terms and Conditions, or the infringement of third-party rights by the user.

DISCLAIMER OF WARRANTY

Unless Casa del Jade states otherwise in writing, this Site, its content, and the products and services offered on or in connection with it (hereinafter, “Products and Services”) are provided on an “as is” basis without any warranties, either express or implied. Casa del Jade disclaims all other warranties, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement of the information, content, and materials on our Site. Casa del Jade makes no representations or warranties that the materials contained on our Site or our services are accurate, complete, reliable, up-to-date, or error-free. Casa del Jade does not represent or warrant that our Site or its servers are free of viruses or other harmful components.

LIMITATION OF LIABILITY

Under no circumstances shall Casa del Jade, its directors, members, employees, or agents be liable for any direct, special, indirect, or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits, or loss of data, whether arising from contractual or non-contractual actions (including but not limited to negligence) or otherwise, resulting from or related to the use of our Site, its Products and Services, the content displayed on the Site, or content accessible through it. This includes, but is not limited to, any damages caused by or resulting from the user’s reliance on any information obtained from Casa del Jade or as a result of errors, omissions, interruptions, deletions of files or emails, defects, viruses, delays in operation or transmission, or any other failure in performance, whether due to acts of nature, communication failures, theft, destruction, or unauthorized access to Casa del Jade’s records, programs, or services.

APPLICABLE LAW AND JURISDICTION

These Terms and Conditions and the user’s use of the Site shall be governed by and interpreted in accordance with the laws of Guatemala, applicable to agreements made and to be performed within Guatemala, without regard to conflicts of law provisions. The user agrees that any legal or equitable actions arising from or related to these Terms and Conditions may only be brought in the state or federal courts of Guatemala, and the user shall submit to and irrevocably accept the exclusive jurisdiction of such courts for any claims, actions, or proceedings resulting from the use or purchases made through this Site or these Terms and Conditions.

MODIFICATION AND NOTICE

The user agrees that Casa del Jade may modify these Terms and Conditions, as well as any other policies on our Site, at any time and that the posting of the modified Terms and Conditions or policies on our Site shall constitute sufficient notice of such modification.

TERMINATION

Notwithstanding these Terms and Conditions, Casa del Jade reserves the right, without notice and at its sole discretion, to terminate the user’s license to use this Site and to block or prevent future access to and use of the Site.

SEVERABILITY

If any provision of these Terms and Conditions is deemed illegal, void, or for any reason unenforceable, that provision shall be severable from these Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions.

QUESTIONS AND CONTACT INFORMATION

If you have any questions, please do not hesitate to contact one of our Sales Executives at [email protected] or by phone at (502) 7932 5701.

Terms and Conditions updated on March 16, 2021.

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