The Terms and Conditions set forth below shall apply to all use of thisChamilia Online-Store and Operator’s (as defined below) Website,www.chamilia.com and related websites (the "Website") and purchase ofproducts through the Website. By using the Website or purchasing through theWebsite, you agree to these Terms and Conditions. Please read them carefully.By using the Website or purchasing products through the Website, you agree thatall agreements, notices, disclosures, and other communications that Operatorprovides to you electronically satisfy any legal requirements that suchagreements, notices, disclosures, and other communications be in writing.
Please be advised that the jewelry available on our Website are intended for the discerning adult lover of fine jewelry and therefore may be purchased only by adults with a valid credit card according to paragraph two hereafter.
Operator only sells products through the Website to adults who are able to purchase its products using a credit card. By purchasing a product using the Website, you represent to Operator that you are an adult and that you are authorized to make the purchase using the credit card account information you provide. When you use this Website, you are responsible for maintaining the confidentiality of your access information and for restricting access to your computer. You agree to accept responsibility for all activities that occur on your computer relating to any use of the Website or any purchase of Operator's products through your computer.
In Co-operation with Chamilia LLC:
Swarovski Digital Business USA Inc. (“Operator”)
One Kenney Drive
Cranston, Rhode Island 02920 USA
Registration number with the Rhode Island Secretary of State: 000667123
Federal Employer Identification Number (Tax number): 45-2251132
which is legally represented by Mr. Edward J. Capobianco, Vice President and General Counsel. All complaints or warranty claims may be sent to this address. Operator’s Customer Service Department may be contacted using the following contact information:
Credit card payment is the only form of payment Operator accepts for products ordered through the Website. Any orders placed on this Website constitute a binding offer by you to conclude a purchase with Operator. The binding purchase agreement comes into existence only when Operator accepts your order on the Website by sending you an email or written communication, or by shipping the products ordered.
Where Operator is required by law to collect applicable taxes relating to your order, you authorize Operator to charge the applicable taxes to your credit card.
Operator reserves the right to change prices, terms, specifications, and warranties for products on this Website at any time without prior notice. Operator attempts to post accurate information, but errors may sometimes occur. Any such errors in product specifications, descriptions, and pricing will be corrected when discovered and Operator reserves the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions, including after an order has been submitted. If an error in pricing is discovered after your order has been submitted, Operator will inform you of the error at which time you may cancel or confirm your order at your option.
In the case when a customer may receive a “gift with purchase” in connection with his/her order, please note the following restrictions shall apply: only one gift with purchase may be issued per customer; gifts with purchase are provided on a limited basis and only while supplies last; gifts with purchase cannot be returned for a refund or credit towards any order; and in case of any return of a product associated with a gift with purchase, the gift with purchase must be returned in order for customer to receive a full refund.
Operator and Chamilia LLC reserve the right to limit the number of products (or the number of a particular SKU) that may be sold to a customer.
Operator and Chamilia LLC reserve the right to reject orders from customers if there is reasonable belief that customer is in violation of these Terms and Conditions, or if customer is engaging in fraudulent or other criminal activities.
Once Operator accepts your order, it will attempt to promptly fill the order, subject to available inventories. Should an item not be available, we kindly ask you to try back again or visit your local authorized Operator retailer.
The purchase price for the products ordered by you is due upon the shipment of your order by Operator. Upon shipment, Operator will charge the credit card account you identified when your order was placed for the purchase price, the cost of shipping and handling, and applicable taxes. You may not make any set-off against Operator's claim for payment unless the amount set-off is not disputed by Operator or has been the subject of a final and binding judgment against Operator.
The products ordered will be delivered to the address entered by you through a delivery service selected by Operator. You agree that the products ordered and sent to you remain Operator's property until full payment has been received by Operator.
You may cancel this purchase for any reason up to two weeks following your receipt of the ordered products. If you cancel this purchase, Operator will, upon receipt of the returned products, refund or credit any payments you have made for the ordered products.
You may obtain further information and assistance concerning the return of the products ordered by selecting "MY ACCOUNT" from the Website menu. To cancel the purchase, you must send a written notice to the address specified above in paragraph 3 within two weeks of your receipt of the products, or send the products back to the following address for delivery within two weeks of your receipt of the products:
Attn: Chamilia Returns
1 Kenney Dr.
Cranston RI 02920
If you cancel the purchase by written notice, you must return the products to this address within thirty days of the cancellation.
In case you cancel the purchase, you are responsible for the costs of and arrangements for the shipment of the products to be sent back to Operator. You must take reasonable care that the products are not damaged during their return.
For Product Starter Sets: In case you exercise your right to cancel the purchase, kindly note that the Operator does not accept returns of single pieces out of a Starter Set but only the whole Set.
Operator guarantees for a period of two years, beginning on the date of your receipt, that its products are free from defects in materials and workmanship. This warranty is extended only to you, as the purchaser of the product(s), and not to any subsequent owner of the products.
You may return defective products to Operator within two years of the date of your receipt of the products for replacement (subject to product availability) or for a full refund, at Operator’s discretion.
Please return defective products to:
Attn: Chamilia Returns
1 Kenney Dr.
Cranston RI 02920
Include in the returned materials a written statement of the following: your telephone number, your full address, the date you received the products, and the nature of the defect.
You are responsible for the costs of and arrangements for the shipment of the products to be sent back to Operator. In the event Operator determines that your warranty claim is justified, Operator will refund the necessary costs of shipment through the U.S. Postal Service to you. You must take reasonable care that the products are not damaged during their return.
OPERATOR HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
THIS WARRANTY REPRESENTS OPERATOR'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR DEFECTS IN MATERIALS AND WORKMANSHIP. OPERATOR WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS PRODUCT, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH MAY VARY, FROM STATE TO STATE.
The exclusion or the limitation of liability for damages according to the above paragraphs also applies to potential claims against employees or authorized representatives of Operator.
You may assign your contractual rights under these Terms and Conditions to a third party only with Operator's prior written consent.
By using this Website, you agree that the laws of the state of Rhode Island shall govern these Terms and Conditions without giving effect to any conflict of laws principles. Operator reserves the right to make changes to the Website and these Terms and Conditions at any time by updating this posting. By using the Website, you agree to be bound by the Terms and Conditions in effect at the time of your use and/or purchase.
Operator will use your personal data to process the order(s) which you have placed and for market research to improve its product range. The data is stored and processed by Operator and by the companies of Operator Group in Switzerland and elsewhere. The data will not be sold to or shared with any other third parties. Operator may send you select advertisements for Operator products or notices of special promotions and other opportunities to buy Operator products. If at any time you do not wish to receive Operator advertisements or notices of future Operator promotions, please contact Operator customer support or use the “unsubscribe” option at the bottom of each promotion or advertisement email.
The Website is provided on an "AS IS" and "as available" basis. Neither Operator nor its affiliates, subsidiaries, or designees, nor each of their respective officers, directors, employees, agents, third party content providers, designers, contractors, distributors, merchants, sponsors, licensors, or the like (collectively "affiliates") warrant that use of the Website will be uninterrupted or error-free. Neither Operator nor its affiliates warrant the accuracy, integrity, or completeness of the content provided on the Website. You expressly agree that use of the Website is at your sole risk.
You agree that under no circumstances shall Operator or its affiliates be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Website, including but not limited to reliance by a user on any information obtained on the Website or that result from mistakes, omissions, interruptions, deletion of files email errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Operator records, programs, or services. The foregoing limitation of liability shall apply whether in an action of contract, negligence, or other tort. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
Content included on or comprising the Website, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "content") are protected by copyrights, trademarks, patents, and/or other proprietary rights. All content is copyrighted as a collective work under the U.S. copyright laws and Operator owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of such content. Except as expressly authorized or licensed, you may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from, or in any way exploit any of the content, in whole or in part.
In case you use our Design Your Own Tool (“DYO”) and design your own jewellery piece, you hereby explicitly grant Operator a non-exclusive, royalty-free and unlimited right to use the design. Additionally, you acknowledge that your account where your designs may be saved are not password protected. For this reason you hereby explicitly waive any claim whatsoever against Operator, Chamilia LLC. or any legal successors in case your design or a similar design is used by a third party.
You may not modify, delete, or amend these Terms and Conditions in any manner without the express written agreement of Operator.
The section headings used in these Terms and Conditions are for convenience only and do not form a part of these Terms and Conditions. No construction or inference shall be derived from them.