Terms of Sale
ONLINE SALES
Last updated: June 03, 2021
In addition to the Terms of Use which governs your use of this website (the “Site”), these Terms of Purchase govern any order or purchase you (the individual completing this order, “you”) make on the Site operated by FAVS LLC ( "Ferruva" or "FERRUVA" “we”). By proceeding to place an order and accepting these Terms of Purchase, you agree to be bound by these Terms of Purchase whether or not you have read them. If you do not agree to these Terms of Purchase, proceed to cancel your order now. Please print a copy of these Terms of Purchase for your records.
1. ORDERING PROCESS
All advertisements on the Site are invitations to purchase and not offers to sell. Ferruva (FAVS LLC) reserves the right, at its sole discretion, to accept or reject the order once the order form has been completed and submitted.
Receipt of your order will be confirmed via an automatic e-mail to the e-mail address associated with your account. Such e-mail is a confirmation that your order has been received by Ferruva but does not constitute acceptance of your order. Ferruva reserves the right at any time after receipt of your order to accept or decline your order for any reason and Ferruva will contact you at the e-mail address provided in the order form of its decision to accept or reject your order. In the event that Ferruva rejects the order, Ferruva will have no obligation to fulfill your order and you will have no obligation to pay Ferruva for the order.
2. AVAILABILITY
The purchase of products on the Site is subject to availability. In the event that Ferruva advises you that such products are no longer available, Ferruva will have no obligation to fulfill your order and you will have no obligation to pay Ferruva for the order. This Site only ships products to addresses in the U.S and Mexico.
3. PRICE
You agree to pay Ferruva the amount set out as the “TOTAL” in your order summary as part of the “Payment” step (the “Fee”). The Fee is quoted in U.S. dollars and includes shipping and handling and all applicable taxes. Unless you are in Mexico, the price will then be quoted in Mexican Pesos.
4. METHODS OF PAYMENT
When placing an order, your billing address must correspond to the address of your credit card, otherwise we will not be able to process your order. Gift cards and gift certificates will not be applicable on the Site. On the Site (including its mobile version), you may pay for your purchase using a valid VISA, MasterCard, American Express or Discover card or PayPal and you authorize Ferruva to charge the applicable card for the Fee and you represent and warrant that you are the cardholder of the applicable card. If your card is rejected by the card issuer, your order will not be shipped and Ferruva will have no obligation to fulfill your order.
5. SHIPMENT
Your order will be shipped to the U.S. delivery/ Mexican address specified by you during the order process. Ferruva is not responsible for any loss of the products following shipment from Ferruva’s or its agents’ or mandataries’ facilities to your delivery address.
7. PASSWORDS
You are responsible for the security of your account and password. Ferruva will not be liable for any damages and expenses arising out of or relating to any unauthorized use of such password.
8. CHANGES TO TERMS OF PURCHASE
Ferruva may at any time modify these Terms of Purchase and will post a copy of the amended Agreement at https://www.ferruva.com/store-policy.
9. LIMITATION OF LIABILITY
To The Full Extent Permitted By Applicable Laws, In No Event Will Ferruva Be Liable For Any Indirect, General, Special, Incidental, Consequential, Punitive Or Aggravated Damages Or Any Other Damages Of Any Kind, Arising Out Of Or In Connection With Any Products Purchased On This Site Or Their Use Or Misuse, Whether Or Not Arising From Breach Of Contract, Tort (Including Negligence), Civil Liability Or Otherwise, Even If It Has Been Advised Of The Possibility Of Such Damages. This Exclusion Of Liability Will Apply Notwithstanding The Breach Of A Fundamental Term Or Condition Of This Agreement Or Any Fundamental Breach Of This Agreement. This Term May Be Void, Inapplicable Or Unenforceable In Whole Or In Part In The State Of New Jersey.
Ferruva's Total Liability To You For All Losses, Damages, Injury And Causes Of Action Arising Out Of Or In Connection With Any Products Purchased On This Site And Any Use Made Thereof Will Be Limited To All Fees Paid By You To Ferruva Hereunder For The Purchase Of Such Products.
To The Full Extent Permitted By Applicable Law, Without Limiting Any Of The Foregoing And Except As Otherwise Provided In Writing, Any Products Sold To You Are On An “As Is” Basis, Without Conditions Or Warranties Of Any Kind, Either Express Or Implied, Whether Arising From Statute, Course Of Dealing, Usage Of Trade Or Otherwise; However, Because Some Jurisdictions Do Not Allow Such Limitations, Or Limitation Of Liability For Consequential Or Incidental Damages, The Above Limitations May Not Apply To You.
10. ALLERGIES, PROP 65 AND JEWELRY CARE
The products sold by FAVS LLC and Ferruva, are artisan products crafted in a delicate process in Mexico. Please be aware that these products may contain chemicals known to the state of California to cause cancer, birth defects, or other reproductive harm. As well, given that they are artisan products, they may cause allergic reactions to some individuals depending on their respective bodies. Ferruva and FAVS LLC will not be held responsible in any way for any direct, indirect, special, incidental consequential, punitive or aggravated damages, harm, bodily harm, injury or any other damages of any kind, arising out of or in connection with any products purchased on this site or their use or misuse due to the nature of the artisan products. In terms of jewelry care, to ensure maximum satisfaction of your product and best quality, we highly recommend to not shower, wet or constantly water the products purchased on this site and to keep the products in a safe and plastic like storage. Due to the nature of gold plating and the artisan work performed, these products can deteriorate at a faster rate if not properly taken care of. Ferruva and FAVS LLC will not be held responsible for the damages done to pieces after the product has been shipped and received by the customer, it is their right and responsibilities to take care of the products purchased and we recommend to follow the guidelines mentioned before.
11. APPLICABLE LAW
This Agreement will be governed by the laws of the State of California. The exclusive jurisdiction for any claim, action or dispute with Ferruva or relating in any way to your use of the Site or a purchase made on the Site will be in the state and federal courts of the State of California and the venue for the adjudication or disposition of any such claim, action, or dispute will be in the City of San Diego, California. All parties to this Agreement waive their respective rights to a trial by jury.
12. GENERAL
Except for the Terms of Use which govern your use of the Site, these Terms of Purchase along with your purchase order/invoice are the entire agreement between you and Ferruva with respect to any purchase made by you on the Site and supersede all previous agreements, understandings and representations relating thereto. No failure by Ferruva to exercise any rights, powers or remedies hereunder or its delay to do so will constitute a waiver of these rights, powers or remedies, and all waivers will be in writing. The single or partial exercise of a right, power or remedy will not prevent its subsequent exercise or the exercise of any other right, power or remedy. If any provision of this Agreement or part thereof is or becomes illegal, invalid or unenforceable in any jurisdiction, the illegality, invalidity or unenforceability of that provision will not affect the legality, validity or enforceability of the remainder of the provision or the remaining provisions of this Agreement, as the case may be, or the legality, validity or enforceability of that provision or part thereof in any other jurisdiction. Ferruva will not be liable for any delay or failure to perform any of its obligations under these Terms of Purchase if such delay or failure is due to causes beyond its control. You may not assign these Terms of Purchase to any third party without the prior written consent of Ferruva. These Terms of Purchase will be binding upon and will ensure to the benefit of (i) you and your heir, executor, administrator and other legal representatives; and (ii) Ferruva and it successors and assigns. In the event of an inconsistency between the Terms of Use and these Terms of Purchase, the wording in these Terms of Purchase will prevail.
You may contact Ferruva at: contact@Ferruva.com
Operated and enforced by FAVS LLC.