Terms & Conditions
Customer information and terms and conditions for the USA
1. SCOPE OF APPLICATION
The Terms and Conditions set forth below shall apply to all use of this Chamilia Online-Store, www.chamilia.com and related websites (the "Website") and purchase of products through the Website. By using the Website or purchasing through the Website, you agree to these Terms and Conditions. Please read them carefully. By using the Website or purchasing products through the Website, you agree that all agreements, notices, disclosures, and other communications that Operator provides to you electronically satisfy any legal requirements that such agreements, 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.
2. YOUR ORDER
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.
3. PARTIES TO THE TRANSACTION, CUSTOMER SERVICE, AND WARRANTY CLAIMS
Chamilia, LLC (“Operator”)
One Kenney Drive
Cranston, Rhode Island 02920 USA
Registration number with the Rhode Island Secretary of State: 000564093
Federal Employer Identification Number (Tax number): 26-3909019
which is legally represented by Mr. Edward J. Capobianco, Vice President and General Counsel. All complaints or warranty claims may be sent to the above address.
4. COMPLETION OF A PURCHASE
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.
6. RESERVATIONS, RESTRICTIONS AND EXCEPTIONS
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 redeemed for cash, returned or exchanged for a refund or credit towards any order, applied to any credit card balances, or used to purchase a gift card; 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. Subject to complete terms and conditions associated with relevant gift with purchase promotion.
Operator reserves the right to limit the number of products (or the number of a particular SKU) that may be sold to a customer.
Operator reserves 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.
7. PRODUCT AVAILABILITY
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.
8. TERMS OF PAYMENT
The purchase price for the products ordered by you is due upon the shipment of your order by Operator, or its affiliate entities. 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.
9. DELIVERY AND RESERVATION OF TITLE
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.
10. RIGHT OF CANCELLATION/WITHDRAWAL
You may cancel this purchase for any reason up to two weeks following your receipt of the ordered products. If you cancel this purchase/withdraw from the agreement, Operator will, upon receipt of the returned products, refund or credit any payments you have made for the ordered products. Customized products are excluded from the right to cancel the purchase.
The withdrawal period will expire after 30 days on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us (Chamilia.com, Attn: Chamilia Returns, One Kenney Drive, Cranston, RI 02920) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or email). You may use the model Withdrawal Form but it is not obligatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel the purchase before the withdrawal period has expired.
Effects of withdrawal:
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods without undue delay and in any event not later than 30 days from the day on which you communicate your withdrawal from this contract to the address listed on our Website under "Customer Service – Return Policy“. The deadline is met if you send back the goods before the period of 30 days has expired. You can find additional information and assistance in returning items that have been ordered and the return address for your country on our Website under “Customer Service – Return Policy”.
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.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Please note that if you pay fully by Gift Card, the amount paid can only be reimbursed as a Gift Card. If partial payment is made by Gift Card, the amount paid via your chosen payment method will be reimbursed first via the same payment method. Any remaining amount will then be recharged to your Gift Card.
Vouchers and customized products can generally not be replaced or returned.
If you decide to return only part of an order that has been purchased with a discount/offer applied, the amount refunded will be subject to the minimum purchase amount placed on the offer, the value of the discount will be adjusted accordingly, and only the amount relevant to the returned item will be refunded. If the items returned bring the remaining total below the minimum purchase level of the offer, then the discounted amount will be deducted from the refund amount. For example, a 10% discount (with a minimum purchase amount of $100) will be removed if the returned product(s) brings the total order value below $100. In case of a promotion with staggered prices, always the lowest amount will be refunded.
11. LIMITED WARRANTY
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.
12. PROHIBITION OF ASSIGNMENT
You may assign your contractual rights under these Terms and Conditions to a third party only with Operator's prior written consent.
13. APPLICABLE LAW
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.
14. DISCLAIMERS AND LIMITATIONS OF LIABILITY RELATING TO USE OF THE WEBSITE
The Website is provided on an "AS IS" and "as available" basis. Consequently, Operator gives no warranties of any kind, whether express, implied, statutory, or otherwise (including the implied warranties of merchantability and fitness for a particular purpose). 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.
The above limitations of liability apply to all claims for damages no matter what the legal grounds may be, inclusive of tortuous acts; they do not apply to potential liability according to the regulations on product liability. The rights of the consumer based on the consumer protection laws in force are not affected. Some states and jurisdictions, including New Jersey, do not allow certain limitations of liability, including but not limited to disclaimer of implied warranties and the exclusion or limitation of incidental or consequential damages. Accordingly, if you live in one of these states, the full contents of the above disclaimers and limitations of liability may not apply to you.
15. PROPRIETARY RIGHTS
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 jewelry 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 or any legal successors in case your design or a similar design is used by a third party. By submitting information, you also warrant that you own the material/content submitted, that it is not defamatory, and that Operator’s use of the material/content will not violate any third parties’ rights or applicable laws.
16. COMPLETE AGREEMENT
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.