Access Terms & Condition – Arya Esha

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  • Access Terms & Condition

    This Arya Esha Client Agreement is effective as of the date of order (the “Effective Date”), and is made between Arya Esha, Inc., ("Arya Esha"), and ("Client"). Arya Esha and Client are hereinafter collectively referred to as “Parties".


    WHEREAS, Client is willing to borrow, use, and provide reasonable care for jewelry entrusted to Client by Arya Esha; and


    WHEREAS, Arya Esha is willing entrust such jewelry to Client (the “Jewelry”), subject to the terms and conditions of this Agreement;


    NOW, THEREFORE, by virtue of Client submitting an order on and entering payment information, Client understands the significance of acceptance and hereby agrees to be legally bound by the terms of this Agreement.


    1. Term. This Agreement shall commence on the Effective Date and remain in full force and effect until all Jewelry is returned to Arya Esha or purchased by Client, unless terminated earlier consistent with the terms herein. Client shall return the un-purchased Jewelry to Arya Esha within 10 days from the date client has taken possession of the Jewelry, unless otherwise stated.


    1. Payment. Client shall authorize Arya Esha to charge any credit card Client submits on an amount equal to all payments and fees due under this Agreement.


    1. Authorization. Client shall also authorize Arya Esha to charge the credit card on file with Arya Esha, or Client otherwise shall pay other charges in accordance with this Agreement due upon return of Jewelry, to the fullest extent allowed by law, including but not limited to:


    3.1 charges for optional shipping services, if any;

    3.2 applicable state and local taxes;

    3.3 in case of loss of the Jewelry, an insurance deductible equal to 25% of the retail price of the lost Jewelry, plus any costs incurred by Arya Esha to enforce such charges, including administrative fees for processing the claim and legal costs;

    3.4 the cost to repair damage to the Jewelry incurred while Jewelry is entrusted to Client;

    3.5 an amount corresponding to the rental price for late return of the Jewelry or the highest amount allowable under law;

    3.6 all expenses Arya Esha incurs due to Client's failure to return the Jewelry including costs in locating and recovering the Jewelry;

    3.7 all costs incurred to enforce or collect these charges or other unpaid monies due, including administrative fees for processing the claim and legal expenses.


    1. Purchase. If within 3 days of the end of the Term, Client elects to keep the Jewelry, does not return the Jewelry to Arya Esha, or notify Arya Esha of a claim for insurance due to loss or theft, Client has thereby purchased the Jewelry at a 15% discounted purchase price displayed on the order, and authorizes Arya Esha to charge Client’s credit card such amount.


    1. Insurance. Limited insurance is provided for Client by Arya Esha, covering validated loss or theft of Jewelry entrusted to Client by Arya Esha. Client must notify Arya Esha of any claim within 3 days of the end of the Term or, if loss or theft is known earlier, within 3 days of the Client becoming aware of the loss of theft. In instances of alleged loss or theft, if Client fails to comply with the terms of this Section 5, Arya Esha may require Client to pay the retail value for allegedly lost or stolen jewelry along with any administrative or other costs incurred by Arya Esha related the incident. Client must:


    5.1 promptly provide to Arya Esha a police report, stating the facts asserted by Client with regard to the loss or theft.

    5.2 pay a deductible equal to 25% of the retail price noted on the Arya Esha site at the time of order, if jewelry is lost, stolen, or damaged beyond reasonable repair in the sole opinion Arya Esha.


    1. Repair and Alterations. While entrusted to Client, Jewelry shall not be modified, serviced or repaired, and no parts shall be replaced under any circumstances.


    1. Restrictions on Use. Client shall not:


    7.1 permit the Jewelry to be used by any person who Client does not authorize to use such Jewelry;

    7.2 use, maintain or store the Jewelry in a manner likely to cause damage to or loss of the Jewelry.


    1. Return of Jewelry. Client shall return Jewelry on or before the date specified in Section 1, and in the same condition as Client received it, except for normal wear and tear. Client shall return the Jewelry to the Arya Esha studio.


    1. Termination. This Agreement shall terminate on the date specified in Section 1. Arya Esha reserves the right to terminate this Agreement earlier upon notice to Client. In, such case that Arya Esha gives notice to Client of early termination, Client must return all Jewelry within three days of such notice.


    1. Indemnification and Liability. Client shall indemnify, defend and hold harmless Arya Esha from and against any claim, demand, cause of action, loss or liability (including attorney's fees and expenses of litigation) for any property damage or personal injury arising from Client's use of Jewelry by any cause, except to the extent caused by Arya Esha’s gross negligence or willful misconduct. The provisions of this Article shall survive the termination of this Agreement with respect to any claims or liability accruing before such termination. IN NO EVENT SHALL ARYA ESHA BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES ARISING FROM CLIENT’S USE OF JEWELRY, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND LOST REVENUE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.


    1. Capacity to Contract. Client represents and warrants that he or she is eighteen (18) years or older and otherwise has the legal capacity to contract under the laws to which Client is subject.


    1. Ownership. Client shall not have claim to ownership or title to Jewelry, unless Client purchases Jewelry and until Arya Esha receives payment for such Jewelry. Client shall immediately notify Arya Esha in the event Jewelry is levied, has a lien attached or is threatened with seizure. Client shall indemnify and hold Arya Esha harmless against all loss and damages caused by such action. Jewelry shall be deemed at all times to be personal property, whether or not it may be attached to any other property.


    1. Remedies. Client acknowledges that the Jewelry provided by Arya Esha under this Agreement is of a unique and special character, and Client acknowledges and agrees that (a) a breach or threatened breach by Client of any of his/her obligations under this Agreement would give rise to irreparable harm to Company for which monetary damages may not be an adequate remedy and (b) if a breach or a threatened breach by Client of any such obligations occurs, Arya Esha will, in addition to any and all other rights and remedies that may be available to it at law, at equity, or otherwise in respect of such breach, be entitled to equitable relief, including a temporary restraining order, an injunction, a warrant to seize chattel, and any other relief that may be available from a court of competent jurisdiction, without any requirement to (i) post a bond or other security, or (ii) prove actual damages or that monetary damages will not afford an adequate remedy. Client agrees that he/she will not oppose or otherwise challenge the appropriateness of equitable relief or the entry by a court of competent jurisdiction of an order granting equitable relief, in each case, consistent with the terms of this Section 13. The preceding notwithstanding, Arya Esha may file claim against Client in any court of competent jurisdiction based in any potentially applicable legal theory, including but not limited to, breach of contract, trespass to chattels, unjust enrichment, or claim for payment, and may seek any relief whether based in law or equity. In such instance that Client fails to respond to a pleading, Arya Esha may seek default judgment against Client.


    1. Waiver. No failure of Arya Esha to exercise or enforce any of its rights under this Agreement shall act as a waiver of subsequent breaches; and the waiver of any breach shall not act as a waiver of subsequent breaches. Arya Esha's acceptance of payment with knowledge of a default by Client shall not constitute a waiver of any breach.


    1. Severability. In the event any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be unenforceable, that provision will be enforced to the maximum extent permissible under applicable law, and the other provisions of this Agreement will remain in full force and effect. The parties further agree that in the event such provision is an essential part of this Agreement, they will begin negotiations for a suitable replacement provision.


    1. Entire Agreement. This Agreement represents the entire understanding relating to the subject matter hereof and prevails over any prior or contemporaneous, conflicting or additional communications. This Agreement can only be modified by a written amendment signed by the party against whom enforcement of such modification is sought.
    2. Assignment. Client may not, without the prior written consent of Arya Esha, transfer or assign this Agreement or any part thereof. Any attempt to do so shall be a material default of this Agreement and shall be void.


    1. Counterparts. This Agreement, and any amendment thereof, may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document.


    1. Interpretation. This Agreement and any dispute arising and all matters arising out of or relating to this Agreement, whether sounding in contract, tort, or statute are governed by, and construed in accordance with, the laws of the State of Florida, United States of America, without giving effect to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of Florida.


    1. Jurisdiction and Venue. Either Party may commence any action, litigation or proceeding of any kind whatsoever against any other party in any way arising from or relating to this Agreement and all contemplated transactions, and based in non-payment, breach of contract and/or any relevant legal theory, in the US District Court for the Middle District of Florida or the courts of the State of Florida sitting in Florida.