Nica Gems birds

Policies

Terms and Conditions:

This User Agreement is between you (User) and Nica Gems, LLC (Nica Gems).

Nica Gems, LLC is the owner and operator of NicaGems.com

NicaGems.com is an e-commerce website used to sell artisan jewelry, handbags, and footwear from Nicaragua along with other exotic handmade adornments.

By continuing to use this website, you (the User) confirm that you agree to be bound by the terms set out below.

Electronic Communications

Visiting NicaGems.com or sending emails to Nica Gems, LLC constitutes electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, SMS (text message), and on the website, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your username and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur using your account and username/password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Nica Gems is not responsible for third party access to your account that results from theft or misappropriation of your account. Nica Gems and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Nica Gems does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use NicaGems.com only with permission of a parent or guardian.

Cancellation/Refund policy

Nica Gems Handmade Jewelry/Footwear/Handbag Return Policy

If you are not completely satisfied with your purchase, I will be happy to offer a refund on the cost of the item purchased. You must make your request within 10 days of receiveing your items. Please email me at contact@NicaGems.com to let me know that you would like to request a return or exchange. I'm sorry, but there is no refund on shipping/handling charges.

When returning your package, please include the following:

  1. Unworn item(s) in its original condition
  2. A copy of the original invoice
  3. Please let me know the reason for your return -- I strive to provide the best possible service and products for my customers.

Please ship your returns to:

Nica Gems, LLC
Attn: Returns
9 Acton Street
Nashua, NH 03060

Please use an appropriate padded envelope or box to make your return. Please insure your return and use a carrier such as USPS, UPS, or FedEx which will give you a record of your return. Nica Gems, LLC is not responsible for items lost or damaged during shipping. Returned items that are damaged or show signs of wear will not result in the issuance of a refund.

Crediting Your Returns

Nica Gems will issue a refund to the credit card used for purchase once the items are received. Please allow 10-14 days for the refund to be processed. Please note that it may take 1-2 billing cycles for your credit to appear on your statement. We are sorry, but there is no refund of the Shipping/Handling for returned merchandise.

If you have any questions, please feel free to contact us at contact@NicaGems.com

Links to third party sites/Third party services

NicaGems.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Nica Gems and Nica Gems is not responsible for the contents of any Linked Site including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. Nica Gems is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Nica Gems of the site or any association with its operators.

Certain services made available via NicaGems.com are delivered by third party sites and organizations. By using any product, service, or functionality originating from the NicaGems.com domain, you herein acknowledge and consent that Nica Gems may share such information and data with any third party with whom Nica Gems has a contractual relationship to provide the requested product, service, or functionality.

No unlawful or prohibited use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use NicaGems.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Nica Gems LLC that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as a part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of NicaGems LLC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Nica Gems' content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Nica Gems and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Nica Gems or our licensors except as expressly authorized by these Terms.

Third Party Accounts

You will be able to connect your Nica Gems account to third party accounts. By connecting your Nica Gems account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy setting on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

International Users

The services are controlled, operated, and administered by Nica Gems from our offices within the USA. If you access the service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Nica Gems' content accessed through NicaGems.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Nica Gems, its officers, directors, employees, agents and third parties, for any losses, cost, liabilities, and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any use postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Nica Gems reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Nica Gems in asserting any available defenses.

Liability disclaimer

THE INFORMATION,SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. NICA GEMS LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

NICA GEMS LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. NICA GEMS LLC AND/OR ITS SUPPLIERS HEREIN DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NICA GEMS LLC AND/OR ITS SUPPLIERS BE LIABLE FOR DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/access restriction

Nica Gems reserves the right, in its sole discretion to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the state of New Hampshire and you hereby consent to the exclusive jurisdiction and venue of courts in New Hampshire in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provision of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Nica Gems as a result of this agreement or use of the Site. Nica Gems' performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Nica Gems' right to comply with governmental, court, and law enforcement requests or requirements relating to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the User and Nica Gems with respect to the Site and it supersedes all prior or contemporaneous communications and proposal, whether electronic, oral, or written, between the User and Nica Gems with respect to the Site. A printed version of this agreement and of any notice given in eletronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.

Changes to Terms

Nica Gems reserves the right, in its sole discretion, to change the Terms under which NicaGems.com is offered. The most current version of the Terms will supersede all previous versions. Nica Gems encourages you to periodically review the Terms to stay informed of any updates.

Contact Us

Nica Gems LLC welcomes your questions or comments regarding the Terms:

Nica Gems, LLC
9 Acton Street
Nashua, NH 03060

Email Address:
contact@nicagems.com

Telephone number:
518-618-8115

Effective as of November 16, 2014.