Terms and Conditions

TERMS AND CONDITIONS

 

SECTION 1: GENERAL
INTRODUCTION
This is Loomelle’s online home, and you accept that all the provisions of this legal agreement, as explained below, shall govern the way in which you:
  1. Access,
  2. Log on to,
  3. Place an order on; and/or
  4. Generally use the website and its provided services.
As long as you use this website in any of the above-mentioned ways, we will take your use as your full, and unequivocal consent to being lawfully bound by all the terms explained hereafter.
If you have the slightest disagreement with any of these legal provisions, we advise that you exit the website immediately and quit using our service. For the sake of emphasis, do not use the website in any way if you do not agree with our terms, particularly in making an order through our service.
 
REVISIONS
We may occasionally revise or/and add additional conditions to these terms at any time, and we will do this without prior information to you. For ease, we will, however, specify the last updated date at the top center of this page every time we do, and your continual use of www.loomelle.com after we have made any such change shall be taken as your approval of the revised terms and conditions.
 
DEFINITIONS
In these terms and conditions, we have given the following definitions to these words:
  1. The Company or We or Us: This shall mean Loomelle
  2. You or User – This shall be used alternatively to refer to a user of our services, whether you are a visitor or a registered user.
  3. Buyer or Customer – Used alternatively, this shall mean someone who uses our website to purchase our products.
  4. Products or merchandise – Used alternatively, this shall refer to our 18K gold jewelry products.
  5. Website or Site – This shall refer to www.loomelle.com
  6. Agreement or Terms: Used interchangeably, this shall mean these terms and conditions.
 
WHAT DOES LOOMELLE DO?
Loomelle is an online 18K gold jewelry shop fine jewelry e-commerce company physically domiciled in California, USA. We are the owners and operators of www.loomelle.com, through which we offer unique 18K gold jewelry for sale.
 
SECTION 2 – HOW TO USE THE WEBSITE
CHOOSING TO REGISTER AN ACCOUNT 
Visitors are welcome on our website, and it is possible to use the website and services without registering an account. You understand that choosing to register an account will require you to supply personal details such as your name and relevant contact details.
We will also ask you to provide relevant financial information If you are ordering products through the website.
 
ACCEPTABLE AGE
It is important for you to know that only those who have reached the legal age (18 or older) and who are able to form legally binding contracts with Loomelle are welcome to use our website.
 
USE OF THE SERVICES OUTSIDE OF THE UNITED STATES
We provide the Loomelle website primarily for US use. We, however, understand that it is possible to gain access to the website from anywhere in the world due to the global nature of the Internet. All international users agree to subject themselves to all applicable local rules regarding acceptable content, online conduct, and purchase in their use of the website.
 
COPYRIGHT/INTELLECTUAL PROPERTY
Except we state otherwise, all materials available on this website, including but not restricted to graphics, designs, pictures, video clips, icons, and written materials, are copyrighted, controlled, trademarked, or licensed by Loomelle, a Loomelle affiliate or by third-party licensors. These materials are all protected by the US and international laws regarding copyright.
Loomelle, our website, service names, button icons, scripts, page headers, and logos included in or provided through the website are trade dress or trademarks of Loomelle in the United States and other countries.  
 
YOUR REPRESENTATIONS
You make the following representations in your use of the website:
  1. You are at least 18;
  2. You are not younger than the legal age of your jurisdiction/country if you live in a jurisdiction/country that has a legal age of lower than 18;
  3. Your provided registration and payment details are honest, comprehensive and clear;
  4. Your use of the website will only be for personal and non-commercial reasons;
  5. You will only view, download, or copy the website content and any accompanying downloadable material displayed on the website for personal use only; and
  6. No title, right or interest in any material so downloaded shall be deemed to have been transferred to you as a result of your download or copy of our materials.
 
YOUR PROVISION OF USER CONTENT
We give users the opportunity to upload content, comments, recommendations, and other relevant materials to our website. When you so provide user content to us, you represent that:
  1. Any communication so transmitted to the website by you including without limitation comments, suggestions, inquiries, and questions will be classified as and handled as non-confidential and non-proprietary;
  2. You grant Loomelle the license to use your provided user content, and we may use such in ways such as but not limited to broadcast, publication, reproduction, transmission, disclosure, and posting;
  3. You grant Loomelle a license that is irreversible, transferrable, worldwide, continuous, and royalty-free, with the right to openly show, publicly perform, make derived works of, distribute, duplicate, adjust, sub-license, and to use such content in any other way that we deem acceptable;
  4. When we decide to use your user content, we will not provide you with additional notice or require a written consent from you, and we will not reimburse you or any other person or entity;
  5. Your uploads are at your discretion. This means that your decision to post or disclose any confidential information about yourself is made completely at your own risk.
 
LINKING THIRD PARTY SITES
Loomelle may make available links to the websites of third-party companies, e-commerce websites, and third-party websites in a bid to ensure that our users have a convenient time using the service. Despite our provision of these links, we are not commending the content, actions, products, and/or services of these linked third party websites, except we have explicitly stated so. This is why we recommend that you check third-party websites' terms and conditions before using them. 
You agree that your access and use of any linked third-party site is at your own risk.
 
SECTION 3 - TERMS OF SALE
You are to carefully read our terms of sales, as this shall be a legal contract between Loomelle and you when you use our provided service to purchase products.  By making a purchase through the website, you fully accept these terms of sale and agree to be so bound by them.
FULL AGREEMENT: You agree that these terms of sale shall be regarded as the full agreement between you and Loomelle relating to the purchase of merchandise on the site.
CHANGES: You accept that we may modify the provisions of these terms of sales at any time without prior notice to you and that the changed terms will become binding upon your next purchase.
PRICES: All prices are denominated in US Dollars; except we specifically state otherwise.
PRICE CHANGES: You agree that our pricing is subject to change at any time without prior notice to you and that the changed price will become binding upon your next purchase.
EXCLUSIVE MERCHANDISE: You accept that we only sell 18K gold jewelry through the website.
PAYMENT: We allow payment through Stripe. We also accept payment through credit cards, Apple Pay, PayPal, and Alipay.
RETAINERSHIP OF TITLE OF GOODS: Under this agreement, you accept that Loomelle shall maintain the title to goods and that the title for the goods will only pass to you once you have made full payment for the goods.
CONFIRMED ORDERS: It is important that you never assume that any order for merchandise by you is automatically binding upon Loomelle. Your order shall be deemed confirmed only after we have duly accepted and acknowledged such orders.
PLACING YOUR ORDER: To place an order on the website, click on each product that you want to take a closer look at, and move such products to your cart. You must then click the 'Place Order' button at the end of your shopping session. If your order placement is successful, we will prompt you to make your payment.
LOOMELLE-CANCELLED ORDERs: There are certain instances under which Loomelle exercises its rights to cancel customers’ orders. We may cancel an order(s) if the ordered product is out of stock, if we are no longer carrying that particular line of ordered product, or if the ordered product is unavailable for any other reason. Anytime we cancel an order made by you, it is our procedure to send a cancellation e-mail and to not charge for that order. If our cancellation e-mail comes after we have debited your payment account, we will immediately reissue a full refund of the original charge.  
CUSTOMER CANCELLATIONS: As a buyer, you are also free to cancel orders made by you, with the proviso that the cancellation order comes before Loomelle has shipped your order. You understand and accept that already shipped merchandise cannot be canceled.
TAXES: Under US law, we are required to collect taxes, and you admit that you are responsible for sales tax and all other kinds of tax-related to your order. We will add such taxes as a separate charge on the order page.
CUSTOMS: You accept that prices for items ordered on www.loomelle.com do not include custom costs and other charges, except otherwise explicitly stated.
SHIPPING AND OTHER CHARGES: You also accept that prices for merchandise ordered on our website do not include shipping costs, except otherwise explicitly stated. 
INTERNATIONAL SALES: Our primary jurisdiction of sales is the US, but we may sell merchandise for export to foreign countries.
DELIVERY: It is our policy to deliver ordered merchandise within 3-5 days of ordering them. However, you accept that these are likely but unsubstantiated delivery dates only, and we will not be answerable to you for late delivery caused by any third party.
RETURN POLICY: We want our customers to be fully satisfied with their purchases and offer a 30 days return-free period. This means that we allow for the return of merchandise, provided that such products are returned within 30 days of your purchase of them. Other return conditions to be met are; a) the merchandise must be unworn; b) must be undamaged; c) must have the tags still affixed; d) must be in its original condition and original packaging. Where you choose to return your purchase, you must do so in the original packaging. If this is not possible, you must return the purchase in a smaller package than that which we originally sent you, as we will not be responsible for increased shipping fees due to large packaging. You also accept that we have the right to deduct additional shipping charges from the refunded amount when applicable. We have the right to deny a return and have the item re-shipped to customers.
NO RESALE: You are prohibited from selling or attempting to resell any of our products.
 
SECTION 4 - YOUR CONDUCT ON THE SERVICE
  1. You will always evaluate, and bear all risks associated with the use of any content on this website, including any reliance on the usefulness, completeness, or accuracy of such content.
  2. Your uploaded content will not unsettle the customary flow of dialogue;
  3. You are not to falsify headers or alternatively manipulate identifiers in an effort to hide the origin of any content that you make available;
  4. You are not to make changes to the site; or copy, display, distribute, transmit, perform, permit or license, reproduce, publish, create derivative works of or sell an item of information, software, products or services from the site;
  5. You are not to use crawlers, robots, malicious software, etc. to scan, copy, search, or automatically retrieve private information and other content from this site;
  6. You are not to spread time bombs, worms, viruses, defects, Trojan horses, and other malicious applications through your use of the website;
  7. You are not to engage in activities that have the potential to raise legal responsibility and liability for Loomelle;
  8. You are not to transmit, post, or e-mail any pictures, content, information, or any other material, which in the opinion of Loomelle has a high probability of offending other users’ political or religious beliefs;  
  9. You are not to post, transmit or e-mail any content, information, pictures or any other material, which in the opinion of Loomelle is sexually explicit/suggestive, threatening, racist, abusive, libelous or obscene to any other user;
  10. You are not to, in any way, use the service to promote other websites, services, or businesses. You also will not ask for other users’ business or purchase or advertise products or services through the website;
  11. You are not to post or duplicate the work of a third party in a manner that breaches that third party’s Intellectual Property Rights;
  12. You are not to allocate, transfer or allow a third party or any other person to use your account if any;
  13. You are not to use the website to send any junk e-mail to other users;
  14. You are not to use or try to use any device, software, or process to interfere with the proper working of www.loomelle.com;
  15. You are not to make, transfer or store electronic duplicates of materials protected by copyright without Loomelle’s written consent;
  16. You are not to use the website to spread content that encourages criminal acts, or that otherwise violates relevant laws;
  17. You are not to meddle/interfere with any other user’s use of the website;
  18. You are not to ill-use any part of the website for illegal purposes such as propagating harassing, unlawful, defamatory, offensive, hostile, harmful, or otherwise abhorrent materials;
If we uncover any breach by you of any or all of the provisions of this agreement, we will hold you personally and solely liable for all legal costs and losses arising out of such a violation. Loomelle may also terminate your use of the website with or without a prior warning if you breach any of these terms.
 
 
SECTION 5: IMPORTANT LEGAL POINTS
 
DISCLAIMER/ LIMITATION OF LIABILITY
THE WEBSITE IS OPERATED BY LOOMELLE ONLY ON THE BASIS OF “AS IS AND AS AVAILABLE”. WE GIVE NO ASSURANCES THAT IT WILL MEET YOUR SPECIFICATIONS OR DELIVER AS PER YOUR EXPECTATION.
YOU WILL BEAR ALL THE RISKS INVOLVED AND ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE COUNTRY AND INTERNATIONAL LAWS AND RESTRICTIONS IN YOUR USE OF THE SERVICE.
WE GIVE NO WARRANTIES OF ANY TYPE, DIRECT OR IMPLIED, REGARDING THE HOW THIS WEBSITE OPERATES OR THE INFORMATION, CONTENT, PRODUCTS OR SERVICES THAT IT MAKES AVAILABLE.
WE EXPRESSLY DISCLAIM ALL GUARANTEES, WHETHER DIRECT OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF APPROPRIATENESS, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND SUITABILITY TO THE FULLEST DEGREE ALLOWABLE BY APPLICABLE LAW. UNDER NO CIRCUMSTANCES WILL LOOMELLE BE RESPONSIBLE TO YOU FOR ANY INJURY OR DAMAGE, WHETHER THESE ARE DIRECT, FAR-REACHING, PENAL, SECONDARY, OR RELATED AS IT RELATES TO YOUR USE OF THIS WEBSITE AND YOUR PURCHASE OF LOOMELLE’S MERCHANDISE.
WE WILL NOT BE LIABLE TO YOU FOR ANY AMOUNT GREATER THAN THE AMOUNT PAID BY YOU FOR OUR PRODUCTS.
NO PORTION OF THESE TERMS IS PLANNED TO LIMIT OR DISMISS ANY LEGAL ACCOUNTABILITY FOR DEATH OR BODILY HARM ARISING OUT OF OUR CARELESSNESS, DISHONESTY, OR ANY OTHER LIABILITY THAT IS NOT DISMISSED OR EXEMPT BY LAW, OR THAT HAS THE INTENTION OF LIMITING YOUR CONSUMER CONSTITUTIONAL RIGHTS.
YOU WILL, HOWEVER, NOT BE CONSTRAINED BY THIS LIMITATION OF LIABILITY IF YOU LIVE IN A JURISDICTION THAT DOES NOT ALLOW FOR THIS LIMITATION OF LIABILITY.
 
INVALID TERMS
If any condition of these terms and conditions is discovered by a US court to be invalid or inadequate, the inadequacy of that one condition shall not have any effect on the enforceability/validity of all other provisions of these terms and conditions. Those ones shall carry on being effective and shall remain binding.
 
INDEMNITY
You must hold innocent, shield, and indemnify Loomelle against all kinds of claims, expenses, costs, and fees (this may include fees for the retainership of a law expert), and recompenses that may occur in connection with your use of the website and your breach of the terms.
 
GOVERNING LAW
These terms are governed exclusively by the laws of the United States, and you are agreeing to submit yourself to the jurisdiction of its courts.