This Terms and Conditions was last modified on December 17, 2021
Please read these Terms and Conditions completely using 3barnswallows.com. This Terms and Conditions document the legally binding terms and conditions attached to the use of the Site at 3barnswallows.com.
By using or accessing the Site in any way, viewing or browsing the Site, or adding your own content to the Site, you are agreeing to be bound by these Terms of Service.
The Site and all of its original content are the sole property of 3 Barn Swallows and are, as such, fully protected by the appropriate international copyright and other intellectual property rights laws.
3 Barn Swallows reserves the right to terminate your access to the Site, without any advance notice.
This Terms and Conditions is governed in accordance with the laws of New York, United States.
Changes to This Agreement
3 Barn Swallows reserves the right to modify these Terms and Conditions at any time. We do so by posting and drawing attention to the updated terms on the Site. Your decision to continue to visit and make use of the Site after such changes have been made constitutes your formal acceptance of the new Terms and Conditions.
Therefore, we ask that you check and review this Terms and Conditions for such changes on an occasional basis. Should you not agree to any provision of this Terms and Conditions or any changes we make to this Terms and Conditions, we ask and advise that you do not use or continue to access the 3barnswallows.com site immediately.
If you have any questions about this Terms and Conditions, please feel free to contact us.
Discounts cannot be combined, except otherwise not stated!
We run various member deals that combine multiple discount types; please log in to your member account to see them.
All payments are due upon receipt. If payment is not received or payment method is declined, the buyer forfeits the ownership of any items purchased. If no payment is received, no items will be shipped.
Shipping will be paid for by the buyer in the amount agreed upon by the seller at the time of purchase. The most cases the purchased product will be shipped same day or in 1-2 days. In Imported jewelry's case, must calculate additional days (15 - 18).
In order to fast shipping, we send out the products from our different warehouses. So you must calculate a different delivery time of purchased goods. Usually no difference or only 1 day. (Except Imported Hungarian jewelry (SAZIBE™ - ZEMA®, SAZIBE™ - Steixner®, Dora Salamon Art® and Hollohaza® Jewelry). Please note that there is an extended shipping time up to 15 - 18 days, depending on actual stock.)
If an item is not on our website, we do not currently have it in stock. Status 'Out of Stock': in the case of Sterling and Pearl jewelry. Status 'Pre-Order': in the case of Glass, Soutache, and Porcelain jewelry. You still can buy these products and they will be shipped as soon as they are in stock! Usually 'Out of Stock' items in 5 - 10 days, 'Pre-Order' jewelry in 15 - 18 days.
Sometimes there can be unexpected occurrences that we have no control over it, and these can cause even significant delays in the shipping time. When you make a purchase with 3 Barn Swallows, you have an understanding of this kind of shipping delays and accept that.
Inventory stock update:
We update our inventory automatically in every 3 hours 24/7.
At that time can occur, some products have run out and that's have not been indicated, because of the update process.
If an item is not on our website, we do not currently have it in stock. Subsequently, from time to time, we are not able to fulfill your order. You will be notified via email for any item that is out of stock and a credit will be issued to your account. In this case a total refund or a replacement product available of course.
An item may be canceled up until payment has been processed. Once payment has been processed, the buyer is responsible for payment.
Any complaints about items or seller may be sent to our support team. There is no guarantee of a resolution. Each case will be looked at individually, and the seller will be in contact as well.
We reserve the right to make revisions, to cancel, or suspend the contest for any reason. The odds of winning are based on the number of entries received Open to the US 18+ only. Confirmed Winner(s) will be contacted by email. Winner(s) have 24 hours to respond before a new winner is chosen. No purchase necessary. Void where prohibited by law. 3 Barn Swallows will be responsible for product shipment to winner(s) of the giveaway (s). These events are in no way administered, sponsored, or endorsed by, or associated with, Facebook and/or Twitter, Google, Pinterest or any social channel. This disclosure is done in accordance with the Federal Trade Commission 10 CFR, Part 255 Guides Concerning the Use of Endorsements. Entrants must only enter with either one email address, IP address and/or Facebook account, anyone found violating these rules will be disqualified. It is at the sole discretion of the admin of the giveaway if the winner has met the rules or not.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that 3 Barn Swallows and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of Jewelry (Sterling Silver, Designer Porcelain, Handmade Artisan), Apparel and Accessories (domestic and import), Home Decor. Messages may include checkout reminders.
Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at firstname.lastname@example.org. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes: - Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity; - Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; - Pirated computer programs, viruses, worms, Trojan horses, or other harmful code; - Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; - Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and - Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Brooklyn, New York before one arbitrator. The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which 3 Barn Swallows’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Florida Law: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.