SPELL ON ME - Terms and conditions

OVERVIEW

This website is operated by SPELL ON ME. Throughout the Site, the terms “we”, “us” and “our” refer to SPELL ON ME. SPELL ON ME offers this website (“Site”), including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our Site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the Site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Credit : this document was created using a template from Ecommerce University by Shopify (https://ecommerce.shopify.com).

ARTICLE 1 - GENERAL CONDITIONS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

ARTICLE 2 - PRICES

All prices indicated on the Site are in EUROS. Taxes, duties and Delivery charges are mentioned separately and should be borne by the user. Belgian tax rate (21% VAT) is applicable.

SPELL ON ME shall do everything possible to ensure that all the details, descriptions and prices which appear on its Site are accurate, but errors may occur. If an error is noted in the price of items that the user has ordered, we shall inform the user as soon as possible by e-mail and shall offer him the possibility to re-confirm the order at the real price or to cancel it.

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

ARTICLE 3 - PRODUCTS

The characteristics of the products are described in our pages and a 3D rendering will show to the customers the essential characteristics of their product. We cannot guarantee that your computer monitor's display of any color will be accurate. Users acknowledge that their acceptance is based on these descriptions and illustrations.

The products offered are brass-based, and plated (gold, pink gold, silver or ruthenium) with a very high-quality process.

We strongly advises the final customer to avoid any aggressive products (such as chlorine and aggressive cleaning agents), for which we are not able to guarantee the platting firmness. In case of misuse of the products, we will not be responsible for damages to the products and will not provide any replacement product or refund.

ARTICLE 4 - ORDER PROCESS

PAYMENT

The price is payable in full in a single payment through the Site payment page, using a credit card.

Once an order has been validated on the Site, the customer acknowledges that his payment constitutes a firm and irrevocable commitment and the sale is completed. The user is therefore no longer entitled to exchange or return the item ordered (in particular in the case of an error of bracelet model or text).

Customers will receive an invoice in their mailbox to the electronic address specified.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

All the data provided at the time the order is placed and its confirmation shall constitute valid proof of the transaction.

LEADTIME

The manufacturing lead-time for jewelry ordered on the Site is approximately 2 weeks from the confirmation of the order. We will send an e-mail to inform the user when the jewelry has been produced.

After production, the order is prepared and shipped as soon as possible and within 5 open days after the date of manufacture of the product.

DISPATCH AND DELIVERY

Products are delivered to the address indicated by the user at the time the order is placed.

Delivery times is 3 to 5 working days for Europe, and 5 to 10 working days for worldwide destinations. These delivery times are provided for informational purposes only. We will send an e-mail to inform the user the order has been dispatched.

We shall incur no liability in the event of delay, loss of product ordered or strikes which are due to the postal services or carrier. In such cases, the user must take the appropriate action directly with the postal services or carrier.

In order to ensure that products arrive in perfect condition and are protected during transport, all products are carefully packed by us. Users must check the packaging and the products at the time of delivery.

RETURNS POLICY

Any problems concerning the items delivered (damaged products) must be communicated to us within 3 days after delivery at the following e-mail address: contact@spellonme.com.

No claims will be accepted after this period.

Since the jewels are custom-made according to the client’s personalized specifications, the client does not have any right to cancel the purchase (right of withdrawal) or right to return or exchange products – except in case of damaged products.

In case of damaged product to be returned to us, you will be responsible for paying your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.

ARTICLE 5 – INTELLECTUAL PROPERTY

All text, comments, illustrations and images reproduced on our Site are protected by intellectual and/or industrial property rights.

Users may only store, print or display the content provided for their personal use. Users are not authorized to publish, handle, distribute or reproduce, in any format, all or part of this Site’s content.

SPELL ON ME is a registered trademark. Users are not authorized to use this trademark in any way without the prior, written consent of SPELL ON ME.

Our models are patented, especially the 3-positions closing system. Any copy of our closing principles will be pursued in court.

ARTICLE 6 – LIABILITY

We will not be liable for the consequences of the use of credit cards (fraudulent or other) which might be made by third parties, including via intercepted messages.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

We will not be liable to you in respect of any loss or corruption of any data, database or software.

We will not be liable to you in respect of any special, indirect or consequential loss or damage.

THIRD PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

ARTICLE 7 - USER COMMENTS AND SUBMISSIONS

If, at our request, you send certain specific submissions (for example text entries) or without a request from us you send creative ideas, suggestions, proposals or other materials (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any submissions that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to monitor, edit or remove content that we determine in our sole discretion as being unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments and requested texts on the bracelets will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments and requested texts will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments and requested texts.

ARTICLE 8 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy please refer to the related page on our Site.

ARTICLE 9 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

ARTICLE 10 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related websites, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

ARTICLE 11 - DISCLAIMER OF WARRANTIES

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

ARTICLE 12 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless SPELL ON ME and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

ARTICLE 13 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

ARTICLE 14 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

ARTICLE 15 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this Site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

ARTICLE 16 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Belgium.

ARTICLE 17 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

ARTICLE 18 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at contact@spellonme.com.

This document was last updated on May 11, 2015.