OUR TERMS AND CONDITIONS ARE EFFECTIVE NOVEMBER 2020.
1. COMPANY INFORMATION: Welcome to our website https://www.heloise.jewelry (the “Website”). Please read our Terms & Conditions carefully. Studio WAC LLC manages the Website, a company registered in Florida, Doing business as Héloïse. Contact email address: firstname.lastname@example.org.
2. HOST: Pressable hosts the Website.
3. ACCESS TO THE WEBSITE: These terms and conditions of use (the “Terms and Conditions of Use”) govern the access and use of the Website. Accessing and using the Website and purchasing any products available on http://www.heloise.jewelry, imply the consumer read these Terms and Conditions of Use and accepts these without any reservations. To access and use this Website, you must be 18 or older. If you are under 18, your parents’ prior authorization shall be required.
We would request that the users read these Terms and Conditions of Use before any use of the Website since they may be adapted and/or amended by the Company at any time. If the user does not accept them, we will request that the user refrains from using the Website and its content.
If you need any help or any additional information, you can contact our customer service writing to email@example.com.
4. USE OF THE WEBSITE: The use of all or any part of the Website, including the display of the web pages and any communication with the Company, the possibility to download product information and the purchase of said products through the Website, must be carried out as part of personal use only. Any use, copy, transfer, or representation of the Website for any other purposes than personal use is prohibited.
At any time, the Company may modify or simply update all or any part of these Terms and Conditions of Use. Any modification or update of these Terms and Conditions of Use shall be notified on the homepage of the Website upon their adoption. It shall apply as soon as they are made available in this section of the Website. The Company shall implement every effort to ensure all information provided on the Website is accurate and up to date. However, the Company cannot guarantee the absence of errors in its contents nor that the latter are systematically updated.
Furthermore, the Company may not be held liable:
Users are entirely liable for accessing the Website as well as for any use that may be made with the information contained on the Website. The company disclaims any liability for all and any damage and/or harm that may result directly or indirectly from the access and/or use of the information contained on the Website.
Also, users shall be held liable for all and any damage or harm that Company may suffer due to their failure to fulfill any obligations to which they are bound under these Terms and Conditions of Use and/or the legislation applicable to the use of the Website.
INTELLECTUAL PROPERTY RIGHTS: All intellectual property rights over designs, databases, subjacent computer programs (including source code), and the various elements that comprise the Website (including but not limited to text, graphics, photographs, videos, sound recordings and/or color combinations) (“Content”), as well as their structure, selection, and order, belong to the Company and/or, where applicable, its licensors. As regards the distinctive symbols included on the Website (trademarks and trade names), the same also belong to the Company and/or its licensors.
The use of the Website by the user shall not imply the transfer of any intellectual property rights over the Website and/or the Content.
The user is only authorized to view and obtain a temporary private copy of the Content for personal and private use in their computer systems (software and hardware) and not assigned to third parties. With the above exception, pursuant to these Terms and Conditions, it is expressly forbidden to the user the reproduction, transformation, distribution, public communication, public disposal, extraction, reuse, forwarding and/or use of any nature by any means or procedure, of any Content and/or trademarks of the Company, except where it is legally permitted or authorized expressly and in writing by the Company and/or its licensors.
By way of example but not limited to it, the user is not authorized to:
Unauthorized use of the content of this Website and any damage caused to the Company’s intellectual property rights may result in the Company taking whatever action to which they may be entitled by law, and in any liabilities that may arise thereof.
6. ASSIGNMENT OF IMAGE RIGHTS: In case the user participates in any online contests organized by the Company on the Internet (Website, micro-site, Facebook, Instagram, etc.), in which the user (as a participant) is required to upload Images (photos, videos, drawings, etc.), the following shall apply to the user. By participating in the online contests and uploading Images, the user represents that he/she is aware and agrees with the following.
The user undertakes not to upload Images that are not original and/or are not recorded by them or infringe the law or rights of third parties (especially, copyrights, trademarks, and/or privacy, honor, and image rights). For these purposes, each participant/user declares that he/she owns all the rights regarding the Images and, as the case may be, has obtained the relevant express consent of the people appearing in the Image for its free of charge spreading in any media and/or territory and for an indefinite term.
The Company shall not be held liable, in any event, of the infringement of the above-referred obligations nor any damages and/or prejudices arisen from said infringement. Each participant/user recognizes that the Company has full rights to assign the use of the Images in any form whatsoever, as well as for any commercial purpose related (including but not limited to, advertising, marketing, promotions, merchandising and/or exploitation of the relevant contest, wholly or in part).
Participants/users expressly authorize the Company and its licensors to reproduce, communicate or distribute, adapt and transform the Images, for free, on the Company’s websites and official social networks, including without limitation Carolina Herrera official Instagram and Facebook and any other social networks accounts of the Company’s affiliates and/or subsidiaries; websites of authorized retailers and/or any social networks of any influencer authorized by the Company, in any media and territory, all over the world, for the maximum period of time permitted by law.
The user/participant is aware that putting the Images on the social networks implies applying the general usage conditions of said social networks, particularly the right of sub-licensees attributed to the social networks and the users of the social networks. The Company will in no event be liable for the reproduction, processing, exploitation, and conservation of the Images or of a part of the Images by social networks or by social networks’ users according to the general usage conditions of the social networks. The Company cannot be held responsible for the reproduction, processing, exploitation, and conservation by social networks’ users in the general usage conditions of the images’ social networks throughout the corresponding contest term and after its expiry. For the sake of clarity, the participants/users here acknowledge and agree that the Company shall not, in any event, be responsible for deleting/removing the Images uploaded during the term of the corresponding contest on the social networks.
Likewise, without prejudice to the terms and conditions of the corresponding social network (e.g., Instagram, Facebook, etc.), each user/participant authorizes the other participants and/or any third party related to the corresponding contest to access and view for free the Images.
In any event, the Company is entitled to remove any image, without obligation to give prior notice to the participant/user, when it considers that the image infringes any law, rights of third parties and/or it is not adapted to the contest’s nature and/or the image and reputation of the Company, its licensors and/or its products. The Company shall be entitled to deny and refuse any image unilaterally considered that is racist, sexist, violent, or inappropriate in general.
The Company and its licensors shall not be held liable for the improper and/or fraudulent use of the Image or modifications and/or alterations of the Image made by any third parties.
7. SALES: The Company sells goods on the Website. The Company undertakes to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, the Company does not guarantee the accuracy or reliability of any product information, and you acknowledge and agree that you purchase such products at your own risk.
You agree to ensure payment for any items you may purchase from us, and you acknowledge and affirm that prices are subject to change. When purchasing a physical good, you agree to provide us with a valid email and shipping address, as well as valid billing information. We reserve the right to reject or cancel an order for any reason, including errors or omissions in the information you provide. If we do so after payment has been processed, we will issue a refund to you in the amount of the purchase price. We also may request additional information from you before confirming a sale. We reserve the right to place any additional restrictions on the sale of any of our products. You agree to ensure payment for any items you may purchase from us, and you acknowledge and affirm that prices are subject to change.
For the sale of physical products, we may pre-authorize your credit or debit card when you place the order, or we may simply charge your card upon shipment. You agree to monitor your method of payment.
8. SHIPPING, DELIVERY & RETURN POLICY: Shipment costs and dates are subject to change from the costs and dates you quoted due to unforeseen circumstances. For any questions, concerns, or disputes, you agree to contact us promptly at the following: firstname.lastname@example.org.
If you are unhappy with anything you have purchased on our website, you may request a refund on goods sold within five (5) days of receipt. To be eligible for a return, the following conditions must be met:
If the above conditions are not met, we reserve the right to reject return and refund. In the case of item return, the customer will be responsible for paying the cost of shipping.
No refunds are permissible on sale items.
Customers may request an exchange instead of a refund. Exchange requests will be processed and accepted or denied.
Customers must contact us before the start of the refund and return process. Customers will be provided with a return number and address before they may begin the process.
For any questions or comments regarding this Refund and Return Policy, please email us at email@example.com.
9. REVERSE ENGINEERING & SECURITY: You agree not to undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website;
b) Violate the security of the Website through any unauthorized access, circumvention of encryption or other security tools, data mining, or interference to any host, user, or network.
10. DATA LOSS: The Company does not accept responsibility for the security of your account or content. You agree that your use of the website is at your own risk.
11. INDEMNIFICATION: You agree to defend and indemnify the Company and any of its affiliates (if applicable) and hold us harmless against any legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to your use or misuse of the Website or Goods, Your breach of this Agreement, or your conduct or actions. You agree that the Company shall select its own legal counsel and may participate in its own defense if the Company wishes.
12. SPAM POLICY: You are strictly prohibited from using the Website or any of the Company’s Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
a) Links to the Website:
b) Links to other Websites:
Therefore, we advise you to be extremely cautious whenever you connect to these websites through the links contained on https://www.heloise.jewelry and carefully read their conditions of use and privacy rules.
The Website may sometimes provide links towards other websites only to help its own users/visitors in their search and navigation and facilitate internet hypertext connections towards other websites. The activation of the links does not imply any access and navigation recommendations or advice from the Company as regards these websites, nor any guarantee as regards the content, services, or goods provided by them and sold to internet users.
14. DISCLAIMER AS REGARDS THE CONTENT: The Company has implemented every precaution to avoid the publication on the Website of any content describing or representing scenes or situations of physical or psychological violence, or likely to be considered as prejudicing personal beliefs, human rights, and dignity, in whatever form or mode of expression, according to the sensitivity of users of https://www.heloise.jewelry.
In any case, the Company does not guarantee the content of its Website is appropriate or licit in any other country than The United States.
Therefore, should such content be considered illicit or illegal in certain countries, we urge you to refrain from accessing our Website, and should you choose to access it anyway, we inform you that the use you decide to make of the services offered by the Website shall then be under your sole and personal responsibility.
The Company cannot guarantee its users that the Website shall operate continuously, without interruption, errors, or dysfunctions due to the Internet connection.
The content of this Website may include inaccuracies or typographic errors. The Company may not be held liable for any inaccuracy or error. Although the Company implements every effort to display the correct texts, images, and prices in its e-shop, mistakes may occur. The Company cannot be held liable for any damage caused by the use of the Website. The Website and the information and articles included therein may be modified at any time, without any further notice or prior warning being necessary.
15. MODIFICATION & VARIATION: The Company may, from time to time and at any time without notice to you, modify this Agreement. You agree that the Company has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
a) To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law; You agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.
b) You agree to routinely monitor this Agreement and refer to the Effective Date posted at the top of this Agreement to note modifications or variations. You further agree to clear Your cache when doing so to avoid accessing a prior version of this Agreement. You agree that your continued use of the Website after any modifications to this Agreement is a manifestation of your continued assent to this Agreement.
c) If you fail to monitor any modifications to or variations of this Agreement, you agree that such failure shall be considered an affirmative waiver of your right to review the modified Agreement.
16. ENTIRE AGREEMENT: This Agreement constitutes the entire understanding between the Parties with respect to any use of this Website. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website.
17. TERM, TERMINATION & SUSPENSION: The Company may terminate this Agreement with you at any time for any reason, with or without cause. The Company specifically reserves the right to terminate this Agreement if You violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Company or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If you have registered for an account with us, you may also terminate this Agreement at any time by contacting us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
18. NO WARRANTIES: You agree that your use of the Website and Goods that your purchase is at your sole and exclusive risk and that any Goods provided by us are on an “As Is” basis. The Company hereby expressly disclaims any express or implied warranties of any kind, including, but not limited to, the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Company makes no warranties that the Website or Goods will meet your needs or that the Website or Goods will be perfect or error-free. You agree that any damage that may occur to you, through your computer system, or as a result of the loss of your data from your use of the Website is your sole responsibility and that the Company is not liable for any such damage or loss.
19. LIMITATION ON LIABILITY: The Company is not liable for any damages that may occur to you due to your use of the Website or Goods, to the fullest extent permitted by law. The maximum liability of the Company arising from or relating to this Agreement is limited to the greater of one hundred ($100) US Dollars or the amount you paid to the Company in the last six (6) months. This section applies to any claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
20. GENERAL PROVISIONS:
a) LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.
b) JURISDICTION, VENUE & CHOICE OF LAW: Through your use of the Website, you agree that the laws of the State of Florida shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between you and the Company, except for its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the state’s personal jurisdiction and federal courts of the following county: Orange County, Florida. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non-conveniens or similar doctrine.
c) ARBITRATION: In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the following county: Orange County. A single arbitrator shall conduct the arbitration, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of the following state: Florida. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes, or regulations. Intellectual property claims by the Company will not be subject to arbitration and may be litigated as an exception to this sub-part. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial regarding arbitral claims.
d) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased, or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased, or otherwise transferred by the Company, the Company’s rights and liabilities will bind and inure to any assignees, administrators, successors, and executors.
e) SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
f) NO WAIVER: If we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
i) FORCE MAJEURE: The Company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
j) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement. For any questions or concerns, please email us at the following address: firstname.lastname@example.org.