1. Use of the Site
As a Registrant, you agree to provide accurate, current and complete information about yourself as prompted by the Site's registration form. You may not register or purchase items for sale under a false name or by using an invalid or unauthorized credit card or by using another person’s password.
Registrants may not have more than one active account. You have complete responsibility for your account and everything that happens on your account. This means you need to be careful with your password. If you find out that someone is using your account without your permission, you must let us know immediately. You may not transfer your account to someone else. We are not liable for any damages or losses caused by someone using your account without your permission. However, if we (or anyone else) suffer any damage due to the unauthorized use of your account, you may be liable. By completing and submitting your registration, you agree to receive important email communications from us regarding your account but you will have the option to "unsubscribe" to emails for marketing and promotional purposes.. Any communications between you and JaneFinds may be recorded and archived.
4. Operation of the Site
JaneFinds accepts responsibility for the safe processing of the Buyer’s payment through the Site. However, JaneFinds does not accept and specifically disclaims any responsibility or liability of any kind for any actions of either the Buyer, including but not limited to, any negligence, misconduct or other inappropriate, unlawful or unprofessional conduct by the Buyer in connection with any sales transaction entered into on or through the Site. Prospective Buyers understand and acknowledge that most of the items displayed on the Site are unique and are concurrently being offered for sale in a physical store location or on other websites. Consequently, it is possible that an item ordered by a Buyer on the Site may no longer be available for sale. JaneFinds assumes no responsibility or liability for the unavailability of any items displayed on the Site.
5. Purchase Orders
The Buyer may make an offer to purchase an Item directly by completing the Site’s checkout process or by contacting JaneFinds through any method listed on the Site. At that time the Buyer shall submit valid payment information to JaneFinds for payment of the Total Purchase Amount including valid credit card and billing address information. For items that require full or partial payment by bank wire, the Buyer will be informed of such requirements in advance of checkout and the making of an offer by the Buyer through checkout or by other means shall constitute acceptance of the required method of payment. The "Total Purchase Amount" is the price agreed to on the Site between Buyer and Seller and includes (i) the agreed price of the Item (the "Purchase Price"); (ii) if applicable, shipping fees; and (iii) sales tax, use tax, VAT, Internet sales tax and/or any other taxes or levies that the Seller is required to collect from the Buyer under applicable law at the time of sale. In the event that all or part of the Total Purchase Amount is required to be made by bank wire, the Buyer’s offer constitutes his/her agreement to complete the bank wire payment within a maximum of two (2) business days following issuance of a Confirmation of Sale.
6. Confirmation of Sale
By making an offer to purchase through the checkout process or by communicating a separate offer to purchase an item on terms proposed by the Buyer, the Buyer irrevocably agrees to pay the Total Purchase Amount and the Seller agrees to sell the Item for the Total Purchase Amount upon issuance to Buyer of a Confirmation of Sale. The Seller’s acceptance of the offer will be communicated by JaneFinds to the Buyer in a Confirmation of Sale. A Confirmation of Sale may be made through any form of communication, including through a message sent on the Site, by email to the registered email address, by telephonic notice, or other means, and may be in various forms or terminology indicating that the Buyer’s purchase is being confirmed and that payment in full by the Buyer has been processed or that Buyer is now required to send payment due in accordance with instructions. The Buyer irrevocably authorizes JaneFinds to charge the Buyer’s credit card or to issue an invoice for payment by any alternative payment methods required upon issuance of a Confirmation of Sale. Buyer agrees to a no chargeback commitment policy.
7. No Cancellation or Revocation
An offer may not be canceled or revoked by the Buyer unless the offer was made at a time prior to issuance of a Confirmation of Sale such as prior to confirmation of the availability of the item being purchased, the acceptance by the Seller of the Buyer’s offer price or determination of the cost of shipping if not previously established and presented to the Buyer (and subject to any statutory rights a Buyer may have). The issuance of a Confirmation of Sale constitutes acceptance of the Buyer’s offer and a binding contract between the Buyer and Seller for the purchase and sale of the item. Neither JaneFinds nor any Seller shall be liable for failure to confirm a Buyer’s offer for any reason, including but not limited to, the item is no longer available for sale, the price has changed, the item has been lost, damaged or stolen, there is a mistake in the description or price of the item, or any other reason. In such cases, the Buyer’s offer shall be deemed to have not been accepted by the Seller.
Once a Confirmation of Sale has been issued to the Buyer, a purchase order may not be canceled or revoked by the Buyer. All purchases are subject to any applicable returns policies in effect by the Seller at the time of purchase. JaneFinds is not responsible for the administration of the Seller’s return policies, the shipping of goods to Buyers or the return of any goods to Sellers, all such matters being the responsibility of the Buyer and Seller respectively. Once a Confirmation of Sale has been issued to the Buyer, JaneFinds has completed its service and has earned its service fee for the transaction. JaneFinds shall have no further responsibility to the Buyer.
From time to time, JaneFinds may make various offers, promotions, discounts or other benefits available in connection with certain items for sale on the Site or to certain JaneFinds account members. JaneFinds retain the right, in their sole and absolute discretion, to determine the terms and conditions of all such offers or promotions, including but not limited to, the amount, duration, terms or limitations of such offers or promotions and the eligibility of any items or members for such offers or promotions (subject only to state, local and federal law). JaneFinds and/or Sellers reserve the right to implement, amend or revoke any such offers or promotions without notice unless a Confirmation of Sale has previously been issued for an item for which such offer or promotion was then in effect. Offers or promotions may be applicable to some but not all JaneFinds members at various times as determined by JaneFinds and/or the Sellers, including but not limited to, promotions to reward prior purchases, promotions for first-time buyers and promotions for certain types or categories of merchandise or price points.
9. Credit Card Authorization
Buyer irrevocably authorizes JaneFinds (i) to use the credit card information provided to JaneFinds by the Buyer and (ii) upon confirmation of a sale, to charge to Buyer’s credit card the full amount of the purchase price, shipping charges, taxes and other charges associated with Buyer’s purchase. If, for any reason, Buyer cancels a payment made by credit card or by any other means fails to pay the total amount due for the item purchased without first receiving authorization from JaneFinds, Buyer shall be liable for payment of the total amount due plus any additional costs incurred in collection, shipment, processing costs or other costs associated with Buyer’s order.
10. Taxes and Import/Export Duties
Buyer is solely responsible for paying all sales and use taxes, export and/or import taxes and duties, VAT and any other taxes or levies related to the purchase of each item on the Site. To facilitate transactions, JaneFinds may collect applicable sales taxes from Buyer on purchases within the United States but the failure of JaneFinds or the Seller to collect any taxes, duties or levies does not relieve the Buyer of sole responsibility to pay them in accordance with applicable laws. Any sales tax collected by JaneFinds will be remitted to the Seller for reporting and payment to the appropriate taxing authority. It is the responsibility of the Buyer and Seller to determine, pay and report to the appropriate taxing authorities the correct amount of all taxes, duties or levies due on the sale of any items on the Site.
11. As-is Sales
All items displayed on the Site are sold "as is" based on the description. JaneFinds makes no representation or warranty, express or implied, to any Buyer with respect to any item purchased on the Site, including without limitation, its condition, merchantability, fitness for a particular purpose, rarity, importance, designer or creator, historical or commercial significance, intellectual property rights, title, provenance, conformity to any description or images as viewed on the Buyer’s computer monitor or otherwise. JaneFinds is not affiliated with, nor a licensed dealer of, the brands we sell. JaneFinds guarantees that all of our products are authentic and in the condition described.
12. Proprietary Rights
You acknowledge and agree that the content materials and other components (including but not limited to logos, graphics, button icons and page headers) available on the Site are the property of JaneFinds and are protected by copyrights, trademarks, service marks or other proprietary rights and laws. If you give feedback to us regarding the look or operation of the Site (for example, recommendations for improvements or features), implementation of that feedback is owned by us and may become part of the Site without compensation to you. JaneFinds, JaneFinds IP (inclusive of photography and written content) and www.janefinds.com are legally protected intellectual properties and may not be used without authorization. We reserve all rights in and to the Site unless we expressly state otherwise.
13. Accuracy of Purchase Information
JaneFinds may work with outside providers for maintenance of the JaneFinds website. We and our partners strive for complete accuracy in description and pricing of the products on the Site. However, due to the nature of managing third-party content on the internet, occasional mistakes or inaccuracies may appear on the Site. JaneFinds reserves the right, in its sole and absolute discretion, to void any purchases that display an inaccurate price. If the displayed price is higher than the actual price you may be refunded the overcharge and the item will ship for the correct price. If the displayed price is less than the actual price, JaneFinds will void the purchase and attempt to contact you via either phone or email to inquire if you would like to purchase the item for the correct price.
14. Suggested Retail Prices
Sellers may display suggested retail prices for goods offered on the Site based on pricing information provided by merchants, manufacturers, or other sources. JaneFinds makes no representations about the reliability or accuracy of any such information listed on the Site and assumes no responsibility or liability for any inaccuracies in such information.
15. No Implied Endorsement of Third-Party Websites
17. Risk of Loss
The Seller has represented to JaneFinds that the Seller is the owner of each item and that Seller will convey title for each item to the Buyer upon receipt of the amount due from Buyer less any agreed fees or expenses authorized to be paid to JaneFinds. The items purchased from our Site are typically shipped by Sellers using a third party carrier pursuant to a shipment contract. As a result, risk of loss and title for such items may pass to you upon the Seller’s delivery of the item to the carrier for shipment. Please refer to any shipping insurance options available through the Seller prior to purchasing any merchandise
18. International Use
JaneFinds makes no representation that information on this Site is appropriate or available for use outside the United States. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use, export or re-export any User Content or any copy or adaptation of such User Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including, without limitation, United States export laws and regulations.
19. Unavailability of Site
20. Copyright Infringement Notice and Take Down Procedures
If you believe that any materials on this Site infringe your copyright, you may request that they be removed. This request must bear a signature of the copyright holder or an authorized representative and must: (a) identify the allegedly infringing materials; (b) indicate where on the Site the infringing materials are located; (c) provide your name and contact information; (d) state that you have a good faith belief that the materials are infringing; and (e) indicate that "under penalty of perjury" you are the lawful copyright owner or are authorized to act on the owner's behalf. Such notices may be sent to JaneFinds at 48 Bi-State Plz, Old Tappan, NJ 07675 or firstname.lastname@example.org
21. Disclaimer of Warranty
THE SITE, ITS CONTENT AND ALL TEXT, IMAGES MERCHANDISE AND OTHER INFORMATION ON, ACCESSIBLE FROM OR AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN "AS AVAILABLE" AND "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, JaneFinds DOES NOT WARRANT THAT (1) THE INFORMATION AVAILABLE ON THIS SITE IS FREE OF ERRORS; (2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS; (3) DEFECTS WILL BE CORRECTED OR (4) THIS SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
22. Limitation of Liability
IN NO EVENT SHALL JANEFINDS OR ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR OTHERWISE, EVEN IF JaneFinds HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. IN NO EVENT SHALL THE TOTAL LIABILITY OF JaneFinds OR ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT YOU PAID TO JANEFINDS IN CONNECTION WITH THE APPLICABLE TRANSACTION OR IF YOU HAVE NOT PAID ANY AMOUNT, THE SUM OF $100. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL JANEFINDS OR ITS MEMBERS, OFFICERS DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF OF JaneFinds.
You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site. Because some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages, in such states some or all of the above disclaimers or exclusions may not apply and liability will be limited to the fullest extent permitted by applicable law.
24. Applicable Law and Arbitration
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