Terms of service
Last updated: August 17, 2026
1. INTRODUCTION
Welcome to Marbury Lane ("Company," "we," "us," or "our").
Marbury Lane operates this website and online store, including all related content, information, tools, products and services (collectively, the "Services"). The Services are hosted and powered by Shopify Inc.
These Terms of Service ("Terms") constitute a legally binding agreement between you and Marbury Lane and govern your access to and use of the Services, as well as the purchase and use of any products offered through the Services.
BY ACCESSING, USING, OR PURCHASING FROM THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE ARBITRATION AGREEMENT, CLASS ACTION WAIVER AND JURY TRIAL WAIVER SET OUT BELOW, AND YOU CONFIRM THAT YOU HAVE READ THE PRODUCT SAFETY SECTIONS BELOW, INCLUDING THE SECTIONS ON CHILDREN AND ON SKIN CONTACT AND SENSITIVITY.
If you do not agree to these Terms, do not use the Services.
2. TRADE NAME AND LEGAL ENTITY
Marbury Lane is a trade name operated by:
Jakob Leuchtweis
Sole Proprietor (Einzelunternehmer), Germany
Neuhauser Straße 7a
78576 Emmingen-Liptingen
Germany
VAT ID: DE455626802
References to "Marbury Lane," "Company," "we," "us," or "our" refer to this legal operator. Marbury Lane is not abbreviated, and "Marbury" alone is not a name we use or claim.
3. ELIGIBILITY
By using the Services, you represent and warrant that:
You are at least 18 years old
You have the legal capacity to enter into a binding agreement
All information you provide is accurate and current
Purchases are for personal, non-commercial use only, unless expressly authorized by us in writing
Our products are sold to adults. See section 8 on children.
We reserve the right to refuse service, cancel orders, or terminate access for violations of these Terms. You are responsible for all activity conducted under your account.
4. PRODUCT CATEGORY AND INTENDED USE
Marbury Lane sells adult keepsake and fashion jewelry, including necklaces, pendants and, over time, other jewelry categories. Certain items are personalized to your specification.
Our products:
Are general consumer jewelry, worn for decorative and sentimental reasons
Contain no electronics, no batteries, no magnets marketed for any functional purpose, no heating or cooling elements and no moving mechanical parts
Are intended to be worn by an adult, in normal daily conditions
Are NOT medical devices, therapeutic devices, wellness devices or health products of any kind
Are NOT children's products, infant products or toys, and are not intended, designed, marketed or sold for use by children 12 years of age or under. See section 8
Are NOT pet products
Are NOT protective equipment, safety equipment or identification devices, and must not be relied on as medical identification jewelry
Are NOT investment products, and we make no representation as to resale value, appreciation, scrap value or metal content value
You agree to use our products only for their intended purpose and in accordance with these Terms and any information provided with the product.
5. METAL DESCRIPTION AND PLATING
Please read this section. It explains exactly what our material terms mean, and what they do not mean.
How we describe our finishes. Where an item is described as "gold-tone," "rose-gold-tone," "silver-tone" or "gold-tone electroplated," those terms describe the color and appearance of the finish. They are not representations about precious metal content, karat fineness, plating thickness or intrinsic value. The base metal of the item is stated on the product page.
What our items are. Our current jewelry is manufactured from a base metal, principally copper or copper alloy, with an electroplated decorative surface finish. Where a product page states the base metal, the plating and any coating, that statement is the authoritative description of what the item is.
Terms we do not use, and why. The Federal Trade Commission's Guides for the Jewelry, Precious Metals, and Pewter Industries, 16 CFR Part 23, define several plating and content terms by measurable thresholds. We do not apply any of them to our items unless the item genuinely meets the threshold and we hold documentation showing it does. Specifically:
"Gold plate," "gold plated," "gold electroplate" and "gold electroplated" require, under 16 CFR 23.3, an electroplated layer of gold of not less than 10 karat fineness with a minimum thickness throughout equivalent to 0.175 microns of fine gold
"Heavy gold electroplate" requires a minimum thickness throughout equivalent to 2.5 microns of fine gold
"Gold flashed" and "gold washed" describe plating that meets the fineness minimum but not the thickness minimum
"Gold filled" and "rolled gold plate" require a mechanically applied gold layer of not less than 10 karat fineness constituting a substantial proportion of the article, and in the case of "gold filled," at least 1/20th of the weight of the metal in the entire article
"Vermeil" requires, under 16 CFR 23.4, a base of sterling silver coated with gold of not less than 10 karat fineness at a minimum thickness throughout equivalent to 2.5 microns. Our items have a copper base, not a sterling silver base, so they can never be vermeil, whatever the plating
"Sterling," "sterling silver" and "925" require, under 16 CFR 23.5, silver of at least 925 parts per thousand fineness
No quality marks and no fineness claim. Our items carry no karat mark, no fineness mark and no quality mark of any kind. Nothing we sell is stamped "925," "10K," "14K," "18K," "PLAT," or any equivalent. We make no representation of karat fineness or precious metal content. This is deliberate: under the National Stamping Act, 15 U.S.C. sections 294 to 300, an inaccurate quality mark on an article of merchandise is actionable, and a quality mark must be accompanied by a registered trademark. We do not mark, and we do not claim.
Underlayers. Electroplating commonly involves one or more intermediate metal layers, which may include nickel, between the base metal and the visible finish. Where a gold coating is applied over a base metal layer that is itself only gold washed, 16 CFR 23.3 requires that to be disclosed, and we disclose it here as a possibility for our current items. See section 9 on skin contact and sensitivity, which is the practical consequence for you.
Claims we do not make, in any channel. The following are not used to describe Marbury Lane products anywhere, including advertising, social content, creator content, email and packaging: "solid gold," "real gold," "fine gold," "genuine gold," "gold" without a qualifier, "18k" or any karat figure, "vermeil," "sterling," "sterling silver," "925," "hypoallergenic," "nickel-free," "lead-free," "waterproof," "tarnish-proof," "will not tarnish," "will not fade," "lasts forever," "lifetime finish," or "investment piece." If any such phrase appears anywhere on the Services, it is an error, it is disclaimed here, and this section controls.
"Demi-fine." Where we describe our category as demi-fine jewelry, that is a description of a design and price tier sitting between fashion jewelry and fine jewelry. It is not a defined legal or industry term, and it is not a representation about metal content, plating thickness, fineness or intrinsic value. What our items are made of is stated on the product page and in this section.
Country of origin. Our products are imported. Country of origin is marked in accordance with 19 U.S.C. section 1304 on the article, its packaging or its accompanying documentation, as applicable. We make no claim, express or implied, that any product is made, assembled or finished in the United States, and nothing about our brand name, which is an English place name, should be read as a claim of origin in the United Kingdom, the United States or anywhere else. See also the Federal Trade Commission's Made in USA Labeling Rule, 16 CFR Part 323.
Plating is a consumable finish. Electroplating is a microscopically thin surface layer. It wears with use, and it will eventually wear through at points of friction. How fast depends on your skin chemistry, how often you wear the item and what it is exposed to. We do not represent our finishes as permanent. See section 11 on care, and section 10 of the Refund and Returns Policy for what is and is not a defect.
6. STONES, BIRTHSTONES AND GEMSTONE DESCRIPTION
This section applies to any item sold with a set or attached stone, including birthstone pieces.
We describe stones in accordance with the Federal Trade Commission's Guides at 16 CFR sections 23.19 to 23.28. In particular:
We do not use the unqualified name of any natural stone, including "diamond," "ruby," "sapphire," "emerald," "topaz," "opal," "pearl" or any other, to describe anything that is not in fact a mined stone of that type
Where a stone is laboratory-created, we describe it as "laboratory-grown," "laboratory-created" or "synthetic," with the qualifier immediately preceding the name of the stone and set with equal conspicuousness
Where a stone is an imitation of a natural stone but does not share its optical, physical and chemical properties, we describe it as "imitation" or "simulated," again immediately preceding the stone name with equal conspicuousness. We do not rely on "faux," on a stone name in quotation marks, or on a brand or trade name to carry that disclosure
We do not describe any laboratory-created or imitation stone as "real," "genuine," "natural," "authentic," "precious" or "semi-precious," and we do not use "semi-precious" at all
Where a stone is cubic zirconia, glass, crystal, resin or any other material, we name that material
Where a stone has been treated and the treatment is not permanent, creates special care requirements, or has a significant effect on value, we disclose the treatment on the product page
If a product page and this section conflict, the more specific and more cautious description governs, and you may rely on it.
Birthstones. Birthstone assignments follow a commercial convention that varies between published charts and has changed over time. Where we associate a stone with a month, that is a reference to a widely used chart, not a claim about the origin, species, variety, grade, carat weight, clarity, color grade or value of the stone supplied. Stone material for each month is stated on the product page.
Weights, dimensions and colors. Stone dimensions, weights and colors are nominal and vary within manufacturing tolerance and between production batches. Natural and simulated stones both vary in tone and clarity between individual pieces.
7. NO HEALTH, MEDICAL OR METAPHYSICAL CLAIMS
Marbury Lane sells decorative jewelry. Nothing more is claimed for it.
Our products are:
NOT medical devices, and they have not been evaluated, reviewed, cleared or approved by the United States Food and Drug Administration
NOT intended for any medical, clinical, therapeutic, diagnostic or health purpose, and NOT intended for use in the diagnosis, treatment, cure, mitigation or prevention of any disease, disorder, symptom or condition
NOT wellness products, and NOT a substitute for professional advice or care of any kind
No metaphysical or therapeutic properties are claimed. We do not represent that any metal, stone, symbol, engraving or design has healing, therapeutic, protective, purifying, balancing, energetic, magnetic, spiritual or good-fortune properties, or that it produces any effect on your body, your health, your mood, your relationships, your finances or your circumstances. We do not represent that copper relieves pain, inflammation, arthritis or any other condition. We do not represent that any stone has any property beyond being the material it is described as being.
Descriptions of meaning are sentiment, not effect. Where we write about a piece marking a moment, carrying a name, or meaning something to the person wearing it, we are describing why people buy keepsake jewelry. That is not a claim that the object does anything.
Nothing on the Services, in our advertising, in customer reviews, in creator content or in any other material we publish should be read as a health, medical, therapeutic or metaphysical claim, and no such claim is made or intended. If any statement anywhere on the Services could be read as one, it is expressly disclaimed here and this section controls.
If you have a health concern, including any concern about metal sensitivity, consult an appropriately qualified professional. Do not delay or replace professional advice or care on the basis of anything stated on the Services.
8. CHILDREN, INFANTS AND PETS
READ THIS SECTION BEFORE GIVING ANY ITEM TO A CHILD.
Our products are sold for adults and are not children's products.
Strangulation. Necklaces, chains, cords and any looped item are a strangulation hazard for infants and young children. Never place a necklace or chain on an infant or child. Never leave one in a crib, bassinet, stroller, car seat, playpen or any sleep environment, and never within reach of one. Never place one on a pet.
Choking and ingestion. Pendants, charms, clasps, jump rings, extenders, beads and set stones are small parts. They can detach and they can be swallowed or inhaled. Keep all jewelry out of the reach of children and animals. If you suspect a child has swallowed or inhaled any part of an item, seek medical attention immediately. If you suspect a pet has, contact a veterinarian promptly.
Not tested or certified as a children's product. Our products are not designed, manufactured, tested, certified, labeled or marketed for children 12 years of age or under. They have not been subjected to third-party testing against the children's product requirements of the Consumer Product Safety Improvement Act, including the 100 parts per million total lead content limit for children's products. They are not accompanied by a Children's Product Certificate and they do not carry a section 103 tracking label. Do not give our products to, or allow them to be worn by, a child 12 years of age or under.
Where an item is bought as a gift for a young recipient, it is the purchaser's responsibility to make that decision, to supervise, and to store the item safely. Nothing on the Services should be read as a representation that any item is suitable for a child.
Sharp points. Some designs, including cross and star forms, have points and edges. Handle accordingly and keep them away from eyes and from small children.
9. SKIN CONTACT AND SENSITIVITY
Jewelry sits against skin for long periods, and skin varies.
Metal sensitivity and allergy. Our items contain copper or copper alloy, and electroplating may involve intermediate layers that can include nickel. Copper, nickel and other metals used in plating and alloying are common causes of skin irritation and allergic contact dermatitis. If you know or suspect that you are sensitive or allergic to any metal, read the product page before ordering, and do not wear an item whose stated materials you react to. Stop wearing any item immediately if you develop redness, itching, rash, swelling, blistering or any other reaction, and seek medical advice if the reaction is severe or does not resolve.
We make no hypoallergenic claim. We do not describe any item as hypoallergenic, nickel-free or safe for sensitive skin, because we cannot substantiate that for the items we currently sell.
Skin discoloration. Copper alloys commonly leave a green, gray or dark mark on skin. It is a normal reaction between the metal and your skin chemistry, sweat, cosmetics and lotions, it is harmless, and it washes off. It varies enormously between individuals and it can also mark clothing. It is not a defect, and it is not a sign of a low-quality item. Keeping the piece dry and clean reduces it.
Piercings and broken skin. Do not wear our jewelry on, in or against a new, healing, irritated, infected or broken piercing or wound.
Practical precautions. Take items off before showering, bathing, swimming, exercising, sleeping and cleaning. Apply lotion, perfume, sunscreen and hairspray before putting jewelry on, and let them dry.
10. GENERAL SAFETY AND CORRECT USE
To reduce the risk of injury, loss or damage:
Do not pull, yank, twist, bend, stretch or hang weight from a chain. Chains part under force
Do not wear a chain or necklace during contact sport, climbing, gymnastics, martial arts, or any activity where it could be grabbed
Do not wear a chain or necklace near rotating machinery, power tools, conveyors, laboratory equipment or anything a chain could catch in
Do not wear jewelry while sleeping. Chains kink, tangle and break, and clasps scratch
Remove all metal jewelry before an MRI scan, before any medical imaging or procedure where you are asked to, and before airport or security screening where asked
Do not expose items to chlorine, saltwater, hot tubs, saunas, steam rooms, bleach, solvents, silver dip, ultrasonic cleaners, abrasives or polishing compounds
Inspect items regularly for a worn clasp, a stretched or thinning link, an open jump ring, a loose stone, or a sharp broken edge. Stop wearing an item that shows any of these, and keep it away from children and pets
Do not attempt to repair, resize, solder, re-plate, polish, drill or otherwise alter an item. Alteration by anyone other than us voids any claim under our Refund and Returns Policy and may make the item unsafe
Store items separately, dry, out of direct sunlight, and not loose in a bag or pocket where they can tangle or scratch
11. CARE AND CLEANING
Proper care is what determines how long a plated finish lasts. You are responsible for following the care information provided with the item and on the product page.
Keep it dry. Take it off before showering, swimming, bathing, exercising and sleeping. Water, sweat and steam are the fastest route to a worn finish
Put it on last and take it off first. Perfume, hairspray, lotion, sunscreen, cosmetics and hand sanitizer all attack plating
Wipe it gently with a soft, dry or barely damp cloth after wearing, and dry it fully
Do not use silver dip, jewelry dips, ultrasonic cleaners, steam cleaners, abrasive cloths, polishing compounds, toothpaste, baking soda, bleach, solvents, alcohol or ammonia. Polishing a plated item removes the plating
Store it dry, away from direct sunlight and heat, ideally in the pouch or box it arrived in, and not touching other jewelry
Remove it before housework, gardening, swimming pools and hot tubs
Damage caused by failure to follow the care information, including damage from water, chemicals, cosmetics, heat or abrasive cleaning, is considered misuse and is not a manufacturing defect. See section 10 of the Refund and Returns Policy.
12. PRODUCT SAFETY AND REGULATORY COMPLIANCE
Our products are consumer products sourced from third-party manufacturers. We require our manufacturing partners to supply products that comply with applicable United States federal and state consumer product safety, chemical content and labeling requirements for general-use adult consumer products, including the Consumer Product Safety Act, the Federal Hazardous Substances Act where applicable, and applicable state jewelry metal content laws.
Supplier documentation. Any certification, test report, compliance documentation or safety representation relating to the metals, plating, coatings, adhesives, stones or construction of an item originates from the supplier or manufacturer and is a supplier representation. It is not an independent compliance attestation made by Marbury Lane.
No general compliance warranty. No representation or warranty is made by Marbury Lane that any product meets every applicable safety or labeling standard under all conditions of use. Dimensions, weights, plating tone, stone color and finish are nominal and vary between production batches and within manufacturing tolerance.
California metal-containing jewelry law. California's Metal-Containing Jewelry Law, California Health and Safety Code section 25214.1 and following, as amended by Senate Bill 647, sets limits on lead and cadmium in jewelry offered for sale in California. For jewelry that is not children's jewelry, the current limits include less than 500 parts per million lead by weight in electroplated metal, less than 5,000 parts per million lead in unplated metal, and less than 500 parts per million lead in a dye or surface coating, together with a cadmium limit of 300 parts per million. The law requires the manufacturer or supplier to hold technical documentation demonstrating compliance and to provide a certification of compliance to the seller or on the packaging. We require that certification from our suppliers as a condition of supply and we hold it on file. If you would like to see the documentation for a specific item, write to support@marburylane.com and we will provide what we hold.
Children's product requirements. Our products are not children's products and are not certified to the children's product requirements of the Consumer Product Safety Improvement Act. See section 8.
Reporting. If you believe a product presents a safety hazard, tell us immediately at support@marburylane.com. We take our reporting obligations under section 15(b) of the Consumer Product Safety Act seriously and will act on credible reports. You may also report a safety concern directly to the United States Consumer Product Safety Commission at SaferProducts.gov.
13. CALIFORNIA PROPOSITION 65 WARNING
⚠ WARNING: This product can expose you to chemicals including lead, cadmium and nickel, which are known to the State of California to cause cancer, and lead and cadmium, which are known to the State of California to cause birth defects or other reproductive harm. For more information go to www.P65Warnings.ca.gov.
This warning is given on a precautionary basis in respect of the metal, plating, coating and stone components of our products. It is not a statement that any specific item exceeds any particular threshold, and it does not qualify or contradict section 12 above.
14. ASSUMPTION OF RISK
You voluntarily assume all risks associated with the use or misuse of our products, including but not limited to:
Skin irritation, sensitivity or allergic reaction to copper, nickel, other plating or alloy metals, coatings, adhesives or stones
Skin or clothing discoloration from metal contact
Injury arising from a chain, cord or necklace being caught, pulled, snagged or grabbed, including in machinery, equipment or sport
Strangulation, choking or ingestion involving a child, infant or animal, where a product has been given to, worn by or left within reach of one contrary to section 8
Cuts, scratches or eye injury from points, edges, burrs or broken components
Loss of a stone, a component or a whole item as a result of a failed clasp, a parted chain, wear or impact
Loss of finish, tarnishing, discoloration or plating wear through normal use, water exposure or chemical exposure
Damage to clothing, furniture, surfaces or other property arising from contact with an item
Any injury, loss or damage arising from misuse, alteration, repair by anyone other than us, failure to inspect, or failure to stop wearing an item on noticing a problem
Reliance on a product for any purpose it is not sold for, contrary to section 7
Your purchase and use of our products constitutes your voluntary assumption of these risks.
15. PRODUCT PRESENTATION DISCLAIMER
Product images, videos, illustrations, descriptions, specifications, testimonials and marketing materials are for illustrative purposes.
Jewelry is small, reflective and photographed close up, which makes it look larger and brighter on a screen than it does in your hand. Always read the stated dimensions and length ranges. Metal tone, stone color, brightness and contrast differ between screens, between lighting conditions, and between production batches.
Some imagery on the Services is digitally created, composited, rendered or retouched, including imagery produced with the assistance of generative tools. Backgrounds, surfaces and scenes may be created this way. The product itself is not generated: product galleries show the actual item, photographed. Imagery is intended to represent the product accurately but is not a photograph of the individual unit you will receive.
Stated dimensions, lengths, weights and stone sizes are approximate and subject to manufacturing tolerance.
Testimonials and reviews reflect individual experiences and do not represent typical results. No representation is made that any testimonial outcome is typical or achievable for any individual, and no durability, finish longevity or other outcome is implied or guaranteed.
We reserve the right to modify or discontinue products at any time without notice.
16. REVIEWS, RATINGS AND ENDORSEMENTS
Where an aggregate star rating or review count is displayed on the Services, it may reflect reviews collected for the same product across the manufacturer's and its distributors' sales channels, and not only reviews from purchases made at this store. Where that is the case it is disclosed alongside the rating, and it should not be understood as a count of Marbury Lane's own customers.
Individual reviews and testimonials reflect the experience of the individual who wrote them. They are not typical results and they are not a promise of any outcome for you.
Where we publish content created by a customer, a creator or an affiliate who received a product free of charge, a payment, a discount, a commission or any other benefit, that material connection is disclosed in or alongside the content, in accordance with the Federal Trade Commission's Guides Concerning the Use of Endorsements and Testimonials in Advertising, 16 CFR Part 255.
Consistent with the Federal Trade Commission's Rule on the Use of Consumer Reviews and Testimonials, 16 CFR Part 465, we do not and will not:
Create, buy, sell, solicit or publish a review or testimonial by a person who does not exist, who did not use the product, or who is misrepresenting their experience
Provide or offer compensation or any other incentive conditioned on a review being positive, negative, or expressing any particular sentiment
Publish a review by an owner, officer, employee, agent, relative or anyone else with a material connection to us without disclosing that connection
Operate or present any review site or review section as independent of Marbury Lane when it is not
Suppress or remove a review because it is negative, or use any threat or legal intimidation to have one removed
Misrepresent the number, source or nature of reviews, or use fake followers, views or other indicators of social media influence
We may remove a review that is unlawful, abusive, off-topic, spam, or that contains personal information, and doing so is not review suppression.
If you believe any review, rating or endorsement on the Services is inaccurate or misleading, tell us at support@marburylane.com and we will investigate.
17. ORDERS, PRICING AND BILLING
All orders constitute an offer to purchase and may be accepted or rejected at our discretion.
Prices are in United States dollars. Any applicable sales tax is calculated and shown at checkout. Shipping is free on United States orders, so no shipping charge is added. There are no handling fees, service fees or other mandatory charges added after the price you see.
No former price comparisons. We do not display a compare-at price, a "was" price, a strikethrough price, a percentage-off-list figure or any other former price comparison. Under 16 CFR 233.1 a former price is only a legitimate basis for comparison if the item was openly and actively offered for sale at that price, for a reasonably substantial period, in the recent and regular course of business. Where we offer a multi-item discount, it is a current volume discount on current prices. It is a real saving against the single-item price we actually charge, and it makes no claim about the past.
No urgency mechanics. We do not use countdown timers, stock counters, "only X left" messages, fake sale end dates or any other manufactured scarcity or urgency device.
Orders generally cannot be modified or canceled once placed. Personalized orders cannot be modified or canceled once you have approved your proof. See section 16 of the Refund and Returns Policy.
You authorize us to charge your selected payment method for all amounts due.
We make reasonable efforts to ensure pricing and product information is accurate. In the event of a manifest pricing or description error, we reserve the right to cancel any affected order and issue a full refund, whether or not the order has been confirmed.
We reserve the right to cancel orders suspected of fraud, abuse or unauthorized resale.
18. SHIPPING AND INTERNATIONAL FULFILLMENT
Orders ship directly from international fulfillment partners, primarily located in China, to the customer in the United States. Goods do not transit through Germany at any point.
Marbury Lane does not maintain warehousing, retail or fulfillment operations in either the United States or Germany.
You acknowledge that:
Delivery times are estimates, not guarantees, and consist of a processing period and a transit period
Delays due to customs or carriers may occur
Providing accurate shipping information is your responsibility
Orders recorded as delivered by the carrier are considered fulfilled
Full terms are set out in our Shipping Policy, which forms part of these Terms.
19. RETURNS, REFUNDS AND PAYMENT DISPUTES
Returns and refunds are governed by our Refund and Returns Policy, which forms part of these Terms. Under that Policy a return authorization is required, return shipping is at your cost, and personalized items are excluded from the satisfaction return window.
We reserve the right to contest improper chargebacks or abusive dispute behavior. Customers engaging in excessive or fraudulent disputes may be refused future service.
20. USER CONTENT AND PERSONALIZATION
Content you submit to us. By submitting reviews, images, videos, comments or other content to us or to our social channels, or by tagging us in content, you grant Marbury Lane a perpetual, worldwide, royalty-free, irrevocable, sublicensable license to use, reproduce, adapt, publish and display that content for marketing, promotional and business purposes, in any medium.
You represent and warrant that you own or control all rights in the content you submit, that it does not infringe any third party's rights, and that any person appearing in it has consented to its use as described here. You consent to the use of your name, likeness, voice and social handle in connection with that content.
If you have received any product, payment, discount, commission or other benefit from us in connection with content you post, you must clearly and conspicuously disclose that connection in the content itself, in accordance with 16 CFR Part 255.
Personalization content. Where you submit text, names, dates, initials, symbols or artwork to be engraved or otherwise applied to a product, you represent and warrant that:
The content is yours to use, and it does not infringe any trademark, copyright, design right, right of publicity or other right of any third party
You have the consent of any living person whose name, initials or likeness you submit
The content is not unlawful, defamatory, obscene, hateful, harassing, threatening, or an incitement to any of those things
The content does not identify a person in a way that could facilitate harm to them
We do not check submitted content for third-party rights and we do not advise you on whether your submission infringes anything. Producing what you asked for is not a representation by us that you were entitled to ask for it.
We may decline to produce any personalization at our discretion, in which case we will tell you and refund you in full. We may also decline to publish, and may remove, any user content at our discretion.
You agree to indemnify us in respect of any claim arising from content you submit, whether for publication or for personalization. See section 25.
21. INTELLECTUAL PROPERTY
All content on the Services, including text, graphics, images, logos, page layouts and the marks "Marbury Lane"™ and "The Faith Edit"™, is owned by Marbury Lane or its licensors and is protected by intellectual property laws.
Unauthorized use is prohibited.
Our marks are used as unregistered common-law marks. We do not claim federal trademark registration for them and we do not use the ® symbol.
Marbury Lane is an independent brand. We are not affiliated with, sponsored by, endorsed by, or connected to any other jewelry, accessory or fashion brand, retailer or manufacturer. Any third-party name or mark referred to anywhere on the Services is the property of its respective owner and is used, if at all, only for identification.
22. THE FAITH EDIT
Certain designs, offered under the sub-collection name The Faith Edit, use religious symbols.
These are offered respectfully, as jewelry. We claim no endorsement, approval, blessing, authorization or affiliation from or with any religion, denomination, church, congregation, order or religious organization or authority. We claim no spiritual, protective or devotional efficacy for any item. See section 7.
An item's design is a design. What it means to the person wearing it is theirs.
23. DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL PRODUCTS AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE".
WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
No written product warranty is offered on our products at this time. We make no guarantee as to the lifespan or durability of any item, the longevity or permanence of any plated finish, the retention of any stone, or the continued appearance or performance of any item over time. Nothing on the Services, in our advertising or in these Terms constitutes a warranty of durability or of any specific service life. Our Refund and Returns Policy is a returns and refunds policy, not a warranty. Should we ever offer a written warranty, it would be made available in accordance with the Magnuson-Moss Warranty Act and its implementing regulations, and it would say so expressly.
Some states do not allow the exclusion of implied warranties, or limit how long an implied warranty lasts. In those states the exclusions above apply only to the extent permitted, and any implied warranty is limited to the shortest period permitted by law. Nothing in this section limits or excludes any warranty or other right that cannot be limited or excluded under applicable law, and this section does not affect your rights under our Refund and Returns Policy.
24. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR ANY PRODUCT SHALL NOT EXCEED THE GREATER OF:
THE AMOUNT PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM, OR
USD $100
WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA OR LOSS OF USE, ARISING FROM USE OR MISUSE OF ANY PRODUCT OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The limitations and exclusions in this section do not apply to, and nothing in these Terms excludes or limits, liability for death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you. In those jurisdictions our liability is limited to the greatest extent permitted by law.
25. INDEMNIFICATION
You agree to indemnify, defend and hold Marbury Lane harmless from any claims, damages, liabilities, losses and expenses, including reasonable legal fees, arising from your misuse of any product, your breach of these Terms, your violation of any law, content you submit to us for publication, or content you submit to us for personalization.
26. INFORMAL DISPUTE RESOLUTION
Before initiating arbitration or any other proceeding, you and Marbury Lane agree to attempt in good faith to resolve the dispute informally for at least 60 days.
To begin, you must send an individualized written Notice of Dispute to support@marburylane.com containing: your full name; the email address and shipping address associated with your order; your order number; a description of the nature and basis of the claim, specific to you; the relief you are seeking and how you calculated it; and your personal signature or that of your authorized representative.
A notice submitted on behalf of multiple people, or a form notice that does not contain the individualized information above, does not satisfy this requirement and does not start the 60-day period.
If you are represented by counsel, your counsel may submit the Notice on your behalf, but it must still be individualized and personally signed by you.
The 60-day period runs from our receipt of a complete Notice. During that period, either party may request an individualized telephone or video settlement conference, and both parties agree to participate in good faith. The statute of limitations and any filing-fee deadlines are tolled while the parties engage in this process.
Completion of this process is a condition precedent to commencing arbitration. A court or arbitrator may enjoin the filing or prosecution of an arbitration commenced without it.
27. ARBITRATION AGREEMENT, CLASS ACTION WAIVER AND JURY TRIAL WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.
Agreement to arbitrate. Except as set out below, any dispute, claim or controversy arising out of or relating to these Terms, the Services, any product, or any advertising or marketing relating to them, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, shall be resolved by binding individual arbitration under the Federal Arbitration Act, administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules and, where applicable, its Mass Arbitration Supplementary Rules, as modified by this section.
Delegation. The arbitrator has exclusive authority to resolve any dispute about the interpretation, applicability, enforceability, scope or formation of this arbitration agreement, including any claim that all or part of it is void or voidable, except that a court has exclusive authority to decide the enforceability of the Class Action Waiver below.
Individual basis only. Arbitration shall be conducted on an individual basis. You and Marbury Lane each waive any right to bring or participate in a class, collective, consolidated, coordinated, private attorney general or other representative proceeding, whether in arbitration or in court. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If this paragraph is found unenforceable as to a particular claim or request for relief, that claim or request for relief shall be severed and heard in court, and the remainder shall proceed in arbitration.
Jury trial waiver. YOU AND MARBURY LANE EACH WAIVE ANY RIGHT TO A JURY TRIAL ON ANY CLAIM SUBJECT TO THIS SECTION.
Mass filings. If 25 or more similar demands for arbitration are filed against Marbury Lane by or with the assistance of the same law firm or coordinated group of counsel, the demands shall be administered in staged batches of no more than 50, each batch heard by a single arbitrator, with only the first batch proceeding until it is resolved. The parties shall cooperate in good faith with the administrator to implement this process, and all applicable limitation periods and deadlines are tolled for demands held in later batches. Either party may seek a court order enforcing this paragraph.
Exceptions. Either party may bring an individual claim in a small claims court with jurisdiction, and either party may seek injunctive or other equitable relief in court to protect intellectual property rights. Nothing in this section prevents you from reporting a matter to a government agency.
Procedure. Arbitration may be conducted by telephone, video conference or on written submissions, or, if an in-person hearing is required, in New York, New York, or in the county of your residence at your election. The arbitrator's award is final and binding and may be entered as a judgment in any court of competent jurisdiction. AAA's rules govern the payment of filing and administrative fees.
Opt-out. You may opt out of this arbitration agreement, the class action waiver and the jury trial waiver by emailing support@marburylane.com within 30 days of your first purchase, with the subject line "Arbitration Opt-Out," stating your full name, the email address used at checkout and your order number. Opting out has no effect on any other part of these Terms and will not affect your relationship with us in any way.
Survival. This section survives termination of these Terms and any closure of your account.
28. GOVERNING LAW
These Terms are governed by the laws of the State of New York, without regard to conflict-of-law principles, and without depriving consumers of mandatory rights under applicable consumer protection laws, including those of their state of residence.
Subject to the Arbitration Agreement above, any dispute not subject to arbitration shall be brought exclusively in the state or federal courts located in New York, New York, and you consent to the personal jurisdiction of those courts. This does not deprive you of any right to bring a claim in the courts of your state of residence where applicable law gives you that right.
The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
29. ELECTRONIC COMMUNICATIONS AND MARKETING
You consent to receive communications from us electronically, including transactional emails relating to your order. You agree that electronic communications, agreements and notices satisfy any legal requirement that such communications be in writing, consistent with the Electronic Signatures in Global and National Commerce Act.
Email marketing. If you sign up for marketing emails, you may unsubscribe at any time using the link in any marketing email or by emailing support@marburylane.com. Transactional emails about an order you have placed are not marketing and continue regardless.
SMS marketing. If we offer SMS marketing and you opt in, you give your express written consent to receive recurring automated marketing text messages from Marbury Lane at the number you provide. Consent is not a condition of any purchase. Message frequency varies. Message and data rates may apply. Reply STOP to any message to opt out, and HELP for help. You may also opt out by emailing support@marburylane.com. You represent that the number you provide is your own and that you will tell us if it changes or is reassigned.
30. FORCE MAJEURE
We are not liable for delays or failures caused by events beyond our reasonable control, including natural disasters, epidemics and pandemics, war, civil disturbance, labor disruptions, carrier failure, customs or regulatory action, supply chain disruption, utility or internet failure, or acts of government.
31. CHANGES TO THESE TERMS
We may update these Terms from time to time. The updated version takes effect when posted, with an updated "Last updated" date, and applies to orders placed after that date.
If we make a material change to the Arbitration Agreement in section 27, we will provide notice, and the change will not apply to any dispute of which we had actual notice before the change was posted. If you do not agree to a material change, you may reject it by emailing support@marburylane.com within 30 days of the change, in which case the version in effect immediately before the change continues to govern between you and us.
Your continued use of the Services after an update constitutes acceptance of the updated Terms.
32. GENERAL
If any provision of these Terms is held invalid or unenforceable, that provision shall be enforced to the maximum extent permissible and the remaining provisions remain in full force and effect.
Our failure to enforce any provision is not a waiver of it.
You may not assign or transfer these Terms. We may assign them to an affiliate or in connection with a merger, acquisition or sale of assets.
These Terms, together with the Refund and Returns Policy, the Shipping Policy and the Privacy Policy, constitute the entire agreement between you and Marbury Lane and supersede any prior understanding.
Provisions that by their nature should survive termination, including sections 4 through 16 and 19 through 32, survive.
33. CONTACT INFORMATION
Marbury Lane
Jakob Leuchtweis
Neuhauser Straße 7a
78576 Emmingen-Liptingen
Germany
Email: support@marburylane.com
VAT ID: DE455626802