TERMS OF SERVICE

SECTION 1 – OVERVIEW

This website is operated by Elegant Crystal Ornaments, LLC ( hereinafter referred to as ECO). Throughout the site the terms “we”, “us” and “our” refer to ECO. ECO offers this website, 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 by bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service (hereinafter referred to as “Terms”) 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 carefully before accessing or using our website. By accessing or using any part of the site you agree to be bound by these Terms. 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 are considered an offer, acceptance is expressly limited to these Terms.

Any new features or tools which are added to the current store shall also be subject to the Terms. You can review the most current version of the Terms on this page at any time. We reserve the right to update, change or replace any part of these Terms 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.

Our store is hosted by Squarespace. They provide us with the online e-commerce platform that allows us to sell our products. By agreeing to these Terms 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.

SECTION 2 – GENERAL CONDITIONS

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 be encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, 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.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF

INFORMATION

The information provided on this site is accurate to the best of our ability based on information provided by our suppliers. We are not responsible if information made available on this site is not accurate, complete or current.

The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

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.

SECTION 5 – PRODUCTS OR SERVICES

Our products are currently available exclusively online through the website.

These products have limited quantities and are subject to return or exchange ONLY according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products we offer. All descriptions of products or product pricing are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations or that any errors in the Service will be corrected. Should an error occur, we will do our best to correct, within reasonable limits.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

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

For more detail, please review our Returns Policy.

SECTION 7 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example, contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by e-mail, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments you forward us. We are and shall be under no obligations to (1) maintain any comments in confidence; (2) pay compensation for any comments; or (3) respond to any comments. We may, but have no obligation to, monitor, edit or remove content we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms. You agree your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree your comments 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 posted by you or any third party.

SECTION 8 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 9 – ERRORS, INACCURCIES 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 all information in the Service or on any related website has been modified or updated.

SECTION 10 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms, 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 base 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 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 website, 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, 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.

SECTION 10 – DISCLAIMER OR WARRANTIES; LIMITATION OF LIABILITY

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 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 you 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.

In no case shall ECO, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage or any kind incurred as a result of the use of the Service or any content (OR product) posted, transmitted or otherwise made available via the Services even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 12 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless ECO 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 or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

SECTION 13 – SEVERABILITY

In the event any provision of these Terms 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, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 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 are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us you no longer wish to use our Services, or when you cease using our site. If, in our sole judgment, you fall or we suspect you have failed to comply with any term or provision of these Terms, 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 or termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 15 – ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms 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). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 16 – GOVERNING LAW

These Terms and any separate agreements whereby we provide Services shall be governed by and construed in accordance with the laws of 10205 US Hwy 15-501 Unit 26-6, Southern Pines, North Carolina 28387.

SECTION 17 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms 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 constitutes acceptance of those changes.

SECTION 18 – CONTACT INFORMATION

Questions about the Terms should be sent to us at sales@elegantcrystalornaments.com.

PRIVACY POLICY

SECTION 1 – WHAT DO WE DO WITH YOUR INFORMATION?

When you make a purchase, as part of the buying process, we collect the personal information you give us – name, address and email address, etc. When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system. With your permission, we may send you emails about our store, new products and other updates.

SECTION 2 – CONSENT

How do you get my consent?

When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply you consent to our collecting it and using it for that specific reason only. If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent OR provide you with an opportunity to say NO.

How do I withdraw my consent?

If after you opt-in you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclose of your information, at any time, by contacting us at Elegant Crystal Ornaments, 10205 US Hwy 15-501, Unit 26-6, Southern Pines, NC 28387.

SECTION 3 – DISCLOSURE

We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.

SECTION 4 – SQUARESPACE

Our store is hosted by Squarespace. They provide us with the online e- commerce platform that allows us to sell our products. Your data is stored through their data storage, databases and their general application. They store your data on a secure server behind a firewall. Payment: If you choose a direct payment gateway to complete your purchase, then Squarespace stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCA-DSS). Your purchase transaction data is stored ONLY as long as it is necessary to complete your purchase transaction. Once your transaction is completed your information is deleted. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council. It is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers. For more insight, you may also want to read Squarespace’s Terms of Service and/or Privacy Statement.

SECTION 5 - THIRD PARTY SERVICES

In general, the third party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide us. However, certain third party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide them for your purchase-related transactions. For the providers, we recommend you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers. In particular, remember certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us. IF you elect to proceed with a transaction that involves the services of a third party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located. As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your transaction may be subject to disclosure under United States legislation, including the Patriot Act. Once you leave our store’s website or are redirected to a third party website or application, you are no longer governed by our Privacy Policy or our website’s Terms of Service. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements. Google analytics – Our store MAY use Google Analytics to help us learn about who visits our site and what pages are being looked at.

SECTION 6 – SECURITY

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

SECTION 7 – AGE OF CONSENT

By using this site, you represent 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 have given us your consent to allow any of your minor dependents to use this site.

SECTION 8 – CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon posting to this website. If we make material changes to this policy, we will notify you here that it has been updated so you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

QUESTIONS AND CONTACT INFORMATION

If you would like to access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information, contact our Privacy Compliance Officer at info@elegantcrystalornaments.com OR by mail at Elegant Crystal Ornaments RE: Privacy Compliance Officer, 10205 US Hwy 15-501, Unit 26-6, Southern Pines, NC 28387.

RETURN & REFUND POLICIES

Designed to be a keepsake you will treasure for a lifetime, we know you will treat your ornament like the keepsake it is and we have designed it to last. If you are not 100% satisfied with your order, you can return it to us for Store Credit OR exchange within 14 days. Store Credit works just like cash and never expires. You will be issued a Gift Card by mail. If you wish an exchange, we will reach an agreement via emails on what may be on hand for the exchange. If there are damages to your items when you receive them, please contact us within 3 days of receipt so we can enter a damage claim with the delivery service if damaged in transit. Please contact us via email and include your phone number as well as email and shipping tracking number and a photograph of the damaged box and damage to the ornament, if possible. A Return Authorization will be issued and the damaged item will need to be returned to us. Once we receive the damaged ornament we will determine how to proceed depending on the nature of the damage. We will contact you via email on your options and we will reach an agreement before proceeding. Due to variables in crystal and/or pearl availability, we may not be able to totally replicate the item and may need to make substitutions.

SHIPPING POLICY

We make every effort to fulfill orders as quickly as possible. Your items are wrapped with care. Orders are shipped UPS or USPS. Tracking information is emailed when a shipping label is created. Delivery times vary depending on your location. If your order must be created, we will be going back and forth via email and/or text and you will be kept up to date each and every step of the way.