Effective date: December 1, 2018
Service means the website available at https://www.ame.jewelry for the promotion and sale of fine jewelry, owned and operated by ÂME Creations, and our smartphone application.
b. Personal Data
Personal Data means data about a living individual who can be identified from such data (or from such and in combination with other information, either in our possession or likely to come to our possession).
c. Usage Data
Usage Data is data automatically collected by us from your use of the Service or from the Service infrastructure itself (for example, the duration of a page visit) regarding how the Service is accessed and used.
Cookies are small pieces of data that are sent to your browser from our web site and stored on your device (computer or mobile device).
e. Data Controller
f. Data Processors (or Service Providers)
Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller. We may use the services of various Service Providers, including but not limited to Google, Shopify Inc. and their respective affiliates, to process your data more effectively. We ascertain that our service provider comply with applicable privacy laws and are obligated not to disclose or otherwise use such Personal Data for any other purpose.
g. Data Subject (or User)
II. Information Collection and Use
When you use the Service, you may provide and we may collect several different types of information for various purposes, including to provide and improve our Service to you.
A. Types of Data Collected
i. Personal Data
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:
-Email address and IP address
-First name and last name
-Address, State, Province, ZIP/Postal code, City
-Unique device identifiers
Personal Data also includes other information, such as geographic area or preferences, when any such information is linked to information that identifies a specific individual. You may provide us with Personal Data in various ways on the Service.
If you use the Service for on-line shopping, we may collect and store, directly or through our services provider, additional personal Data such as: shipping and billing address, payment details and information about the history of you orders and purchases. This information may be used to perform automated decision-making processes such as blocking suspected or potentially fraudulent transactions, for instance in case of a breach.
We use this information to support and process your orders, screening and assessment of risks and fraud, authentication, and payments. We also use the Personal Data to customize and improve your user experience.
We may use your Personal Data to contact you with newsletters, marketing or promotional materials, as well as other information that may be of interest to you.
You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send, or by otherwise contacting us directly.
ii. Usage Data
We may also collect Usage Data. Usage Data may include diagnostic data such as:
-your computer's Internet Protocol and Media Access Control addresses;
-the pages of our Service that you visit and pages from which you linked to our website;
-the time and date of your visit;
-the time spent on those pages;
-the device you use;
-your use of social media functionalities such as "share" or "like" buttons.
We may use your Usage Data to automatically improve and customize users experience of the Service. We may also employ data collection, processing, monitoring and analyzing tools such as Google Analytics, Google AdWords and Shopify analytics tools, to study our website traffic, measure the effectivity of promotions and to provide you with information that might be relevant to you.
You may opt-out of said Google analytic tools. For more information, please visit the Google Privacy Terms page at https://policies.google.com/privacy?hl=en.
B. No Data Mining
We do not use features of data mining such as unauthorized access to your device's camera, contacts, communications, etc. to gather information. We do not use location based services and do not track or locate your whereabouts unless specifically requested for.
C. Tracking Cookie Data
You can instruct your browser to refuse all cookies, as well as to indicate when a cookie is being sent. Please note, however, if you do not accept cookies you may not be able to use some portions of our Service. Please note, however, that there is no consistent industry standard relating to “Do Not Track” signals, and in some cases we may not be able to change our data collection and usage methods even if we detect such a signal from your browser.
Examples of Cookies we use include, but are not limited to:
We use Session Cookies to operate our Service. Session Cookies are used to enable our website and application to keep track of your movement between various page without collecting the same information you already provided. If you shop on our website, Session Cookies are used to operate the shopping cart feature by remembering your selection of items when you check out.
We use Preference Cookies to remember your preferences and various settings, which we may retain between sessions so we can provide you with a personalized experience.
We use Security Cookies for authentication, to prevent breach of information, and to monitor possible abuse of the Services, such as repeated failed login attempts.
-Third Party Cookies
We use Third Party Cookies to advertise to you on third-party websites, such as Google or Facebook.
III. Basis for Processing Personal Data
By way of further example, ÂME Creations may process your Personal Data because:
-We need to perform a contract with you;
-You have given us permission to do so;
-The processing is in our legitimate business interests and it is not overridden by your rights;
-To comply with the law.
IV. Retention of Data
ÂME Creations will also retain Usage Data. Usage Data may be retained for a shorter period of time than Personal Data, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.
V. Transfer of Data
Your information, including Personal Data, may be transferred to and maintained on computers located outside of your state, province, country or other governmental jurisdiction. Your information, including Personal Data, may be transferred to and maintained in such jurisdictions where the data protection laws may differ than those from your jurisdiction.
If you reside outside the United States and choose to provide information and content to us, please note that we collect information, including Personal Data, in the United States and process it the United States, Canada and the EEC.
VI. Disclosure of Data
We may share your Information or some of it with third parties when it is required by official authorities under any applicable law; requested in order to respond to lawful court orders, subpoenas, warrants, etc.; or needed to investigate or prevent illegal activities such as fraud or security breach.
We may also share you information with our service providers and Data Processors in order to enhance and promote our Service.
A. Disclosure for Law Enforcement
Under certain circumstances, ÂME Creations may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g., a court or a government agency).
B. Legal Requirements
ÂME Creations may disclose your Personal Data in the good faith belief that such action is necessary to:
-comply with a legal obligation
-protect and defend the rights or property of ÂME Creations
-prevent or investigate possible wrongdoing in connection with the Service
-protect the personal safety of users of the Service or the public
-protect against legal liability
C. Change of Ownership
Your Personal Data may be disclosed or otherwise transferred (physically or electronically) to an acquirer, successor or assignee of ÂME Creations as part of a merger, acquisition, debt financing, sale of assets, or similar transaction, provided that the third party acquirer, or successor or assignee, implements and maintains reasonable security procedures . Your Personal Data may also be disclosed in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets.
VII. Security of Data
We and our service providers follow generally accepted industry standards to protect the information submitted to us from unauthorized access, destruction, use, modification, or disclosure, both during transmission and after we receive it. We ascertain that Our service providers comply with industry guidelines and standards with respect to security and safeguarding of your Personal Data.
The security of your data is important to us and we do our best to preserve it, but please note that no method of transmission over the Internet, or method of electronic storage, is 100% safe. While we strive to use commercially acceptable means to protect your Personal Data, we do not and cannot guarantee its absolute security.
If we learn of a security systems breach, we will inform you and the authorities of the occurrence of the breach in accordance with applicable law.
VIII. Your Rights Under California Online Privacy Protection Act (CalOPPA)
We do not support Do Not Track (“DNT”). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.
If you are a resident of California, note that we are exempt from the obligation under California Civil Code to provide you upon request with a list of certain categories of personal information that we have disclosed to third parties for their direct marketing purposes and the identity of those third parties.
IX. Your Rights Under General Data Protection Regulation (GDPR)
If you are a resident of the European Economic Area (“EEA”), you have certain data protection rights. We respect your privacy rights and provide you with reasonable access to the Personal Data that you may have provided through your use of the Service. Accordingly, ÂME Creations aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data as follows:
A. If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us, as set forth below.
B.under certain circumstances, you have the following data protection rights:
i. The right to access, update or to delete information.
Whenever made possible, you can access, update or request deletion of your Personal Data. If you are unable to perform these actions yourself, please contact us to assist you in making any such changes.
ii. The right of rectification.
You have the right to rectify your information if it is inaccurate or incomplete.
iii. The right to object.
You have the right to object to our processing of your Personal Data.
iv. The right of restriction.
You have the right to request us to restrict the processing of your Personal Data.
v. The right to data portability.
You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
vi. The right to withdraw consent.
You have the right to withdraw your consent at any time where WE relied on your prior consent to process your Personal Data.
Please note that we may ask you to verify your identity before responding to such requests.
C. We and our service providers comply with the EU-U.S. Privacy Shield Framework, and adhere to its principles, including but not limited to the principle of notice, choice, accountability for onward transfers, security, integrity, access, recourse, enforcement and liability, etc.
D. If you believe your Personal Data has not been used in a proper manner , you have the right to lodge a complaint with the Data Protection Authority in your country.
X. Links to Other Sites
ÂME Creations has no control over and assumes no responsibility for the content, privacy policies or practices of any third-party sites or services.
XI. Children’s Privacy
Our Service does not address anyone under the age of 18 ("Children"); the Service is solely intended and made available to those over 18. If you are under 18 years of age, then please do not use or access the Service at any time or in any manner.
We do not knowingly collect personally identifiable information from anyone under the age of 18. If you, as a parent or guardian, are aware that your child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove such information from our servers.
XIII. Contact Us
-By email: firstname.lastname@example.org
-By visiting this page on our website: http://www.ame.jewelry/contact
-By postal mail: 432 Park Ave South, 10th floor, New York, NY, 10016
Last updated: August 5, 2019
These Terms and Conditions (alternatively, “Terms” or “Terms and Conditions”) govern your relationship with ÂME Creations LLC ("ÂME Creations ", "us", "we", or "our") including the website and online store that it operates at http://www.ame.jewelry (the “Service”).
Please read these Terms and Conditions carefully before using the Service.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. The Terms apply to all visitors, users, customers and others who access or use the Service.
I. Intellectual Property
The Service and its original content (including texts, photographs, images, drawings, software, code, etc.), features and functionality are the exclusive property of ÂME Creations and its licensors. The Service is protected by copyright, trademark, and other laws of the United States and foreign countries. Our content, designs, trademarks and trade dress may not be used in connection with any other product or service (commercial or otherwise) without the prior written consent of ÂME Creations.
The trademarks and logos; TOTEM BY ÂME; ANGLES BY ÂME; TRIO BY ÂME; Q BY ÂME (the "Trademarks") are pending and/or registered and/or unregistered trademarks of ÂME Creations. Except for the purposes of citation, credit, review or endorsement, you may not use the Trademarks without the express written permission of ÂME Creations.
The right to make any change, amendment, modification, revisions or creation of derivative work in the Content and the Service is exclusively reserved to ÂME Creations. You may not and agree not to, alter, change, or modify any part of the Content and/or the Service.
You may distribute, share and react to the Content through social media applications, to the extent afforded by the functionality embedded in the Services. You may not decompile or disassemble any software, shareware or other technology accessible through the Services, insert any code, data or product, or manipulate the Content or the Services in any way that may affects the user's experience and use of the Services.
III. Purchase of Products
Certain part of our Services relating to purchase of items may be available only by subscription, (the "Subscription Services"). Your right to use the Subscription Service for which you have subscribed is personal to you or members of your immediate family residing with you and may not be transferred to others.
You are responsible for protecting the confidentiality of your credentials, user identification code, password or any other similar information used for access to the Subscription Services and may not share or disclose them to any third party. You agree to immediately notify us of any unauthorized use of your password or any other breach of security. ÂME Creations reserves the right to perform encryption of passwords for account maintenance purposes.
Account and Billing Information:
You agree to provide current, complete, and accurate information for your account in order to perform purchases through the Service. You agree to promptly update all account information to keep your account current, complete, and accurate in case of a change, and you should promptly notify us if your credit or charge card is cancelled or if you become aware of a potential breach of security.
Availability of Products and Price:
We reserve the right to change the assortment of items offered through the Service, and may, without prior notice, limit the quantity of products that may be ordered in a single purchase session or the or variety of products displayed and offered for sale.
We may also change prices and delivery costs of products at any time without prior notice. The price of a product and delivery costs displayed on the on-line store will be honored only once you submit an order.
Shopping on the On-Line Store:
Products displayed on our website as well as any items you see on our official Instagram, Facebook, Tumblr, and Twitter, are available for purchase on our on-line store. If you cannot find the item you wish on our website, please contact us at email@example.com.
If you wish to purchase an item displayed on the on-line store, choose it by clicking the “Add to Shopping Bag/cart” button. After you “Checkout” you will be linked to the payment page, where you may review your order details, and proceed to the payment and submit your order.
ÂME Creations reserves the right to refuse, cancel and terminate orders at any time, at its discretion.
It is your responsibility to ensure that your order is correct before submitting it to us. Submission of your order constitutes an Offer by you to buy the Product(s) at the price set out in the order and is subject to availability, processing and acceptance by us. We are not obliged to accept your order and may, at our discretion, decline it. You do, however, acknowledge that by clicking on the 'Pay' button, you made a binding offer and enter into an obligation to pay for the Product(s) in the event your order is accepted.
We truly appreciate your support of our products. If any issues arise with your order, please contact us at firstname.lastname@example.org and we will communicate with you immediately and work to resolve it.
We accept the following credit cards: Visa, MasterCard, American Express and Discover.
All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment, you will need to contact your card issuer directly to solve this problem, and we will not be liable for any delay or non-delivery.
After your payment has cleared and your order is completed at checkout, you will receive an automated email of your invoice. Please note this email may be located in your SPAM/JUNK/TRASH folder if you are ordering from us for the first time.
We use the services of FedEx or similar shipping services. If you did not receive your purchase within 10 business days days, please contact us at email@example.com.
We are not responsible for international taxes and duties, that is the sole responsibility of the customer. In the event of a return or exchange, the taxes, duties and shipping fees will not be refunded.
Our policy lasts 15 days. If 15 days have gone by since your purchase, unfortunately we cannot offer you a refund or exchange.
In order to facilitate the return of your items, you must obtain a Return Merchandise Authorization (RMA) number by emailing us at firstname.lastname@example.org within 15 days of receiving your order.
* Gift cards
Once your returned product is received and inspected, we will notify you of the approval or rejection of your refund. If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within 7 business days. If you have not received refund by such time, please contact us at email@example.com.
We replace only those items that are defective or damaged. If you need to exchange a defective or damaged item for the same item in a perfect condition, contact us at firstname.lastname@example.org and we will provide you with further instructions.
If an item was marked as a gift when purchased and shipped directly to you, you’ll receive a gift credit for the value of your return. Once the returned item is received, a gift certificate will be mailed to you.
To return your product (either for refund or exchange), please mail it to the store address you have purchased it from or, if purchased online, please return to our store at Westfield Mall, 10250 Santa Monica Blvd, Los Angeles, CA 90067.
You should ship your returned items via FedEx. You will bear your own shipping costs and taxes for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.
Please note that all returns for any order need to be returned in one shipment under a single RMA number.
To be eligible for a return, your item must be unused and returned to us in the same condition that you received it. It must also be returned in the original packaging or similar protective packaging.
To complete your return, please attach a receipt or proof of purchase, or a copy thereof and designate the RMA number you received.
In case you choose not to use the return services of FedEx, then the returned items should be sent via other reputable shipper such as UPS and DHL. You should also consider using FedEx's tracking service and you should purchase shipping insurance. As the shipping of your returned item depends on third party service providers, WE CANNOT GUARANTEE THAT WE WILL RECEIVE YOUR RETURNED ITEM AND WILL NOT BE LIABLE OF THEIR LOSS.
The time it may take for your exchanged product to reach you, may vary, depending on where you live. However, if you did not receive the items within10 business days, please contact us at email@example.com.
IV. Users Generated Content
We welcome you to share experiences, images, photographs, videos, illustrations, information, views, insights, discoveries and stories relating to our jewelries and to the world of diamonds, gems and jewelry, by submitting them ("User Content") to our social media profiles and to react and share other users' content.
We do not represent or warrant that your User Content will be published or displayed on the Services and we retain the right to delete or remove your User Content at our sole discretion.
By submitting User Content, you grant Âme Creations an unlimited irrevocable perpetual license that is not limited in term, to use the User Content, which use includes but is not limited to copy, reproduce, distribute, display, make available to the public, broadcast, transmit, publicly perform, translate and prepare derivative works of (and to use and exploit such derivative works in any manner), in any medium or formats and through any media channels ("User License"). The User License granted by you in connection with textual comments, talkbacks and reviews you submit is perpetual and irrevocable.
You acknowledge that you understand and agree that the sole responsibility for any damage that may be caused by your User Content, to yourself or to third parties, lies with you. You alone shall bear the consequences of submitting, posting or publishing the User Content. Âme Creations does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Âme Creations expressly disclaims any and all liability in connection with your User Content.
You further warrant and represent that your User Content will not contain content that is defamatory, misleading, inaccurate, harmful, dangerous, unreliable fraudulent, obscene, distasteful, sexually, racially or ethnically offensive, harassing, abusing, or that is discriminatory based upon race, gender, color, creed, age, sexual orientation, or disability or otherwise contain content that violates any laws, rules, regulations or policies of any competent jurisdiction.
The Service and Content may comprise sponsorships, advertisements, marketing content and commercials (collectively: "Commercials"), at ÂME Creations 's sole discretion and you represent and acknowledge that you will have no claim or cause of action with respect to those Commercials.
If you believe that a certain fact comprised in the Content is inaccurate, harmful, defamatory, misleading, obscene, offensive or distasteful, please provide the following information to ÂME Creations:
a) a description of where the Content that you believe to be inappropriate is located on the Website;b) your address, telephone number, and email address;c) a statement that you have a good faith belief that the Content is inappropriate and the reasons for such belief;d) an agent for notice of inappropriate Content can be reached as follows:
VI. Links to Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by us.
ÂME Creations has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read both the terms and conditions and privacy policies of any third-party web sites or services that you visit.
VII. Limitation of Liability and Exclusion of Warranties
WHILE ÂME CREATIONS ENDEAVOURS TO VERIFY THE ACCURACY OF THE CONTENT, INCLUDING ADVERTISEMENTS OR CATALOG, THE SERVICES AND ALL INFORMATION, IMAGES AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE THROUGH THE SERVICES ARE PROVIDED "AS IS" AND ""AS PROVIDED", WITHOUT WARRANTIES OF ANY KIND (EXPRESS, IMPLIED, AND STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTY OF TITLE), ÂME CREATIONS EXPRESSLY DISCLAIMS ALL OF THE ABOVE TO THE FULLEST EXTENT PERMITTED BY LAW.
PRODUCTS AND ITEMS SOLD ON THE ON-LINE STORE ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND (EXPRESS, IMPLIED, AND STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTY OF TITLE).
Specifically, Any description and information concerning the weight of precious materials and the number of gem stones and carats are provided as a reference and may vary slightly.
ALL PICTURES SHOWN ON THE ON-LINE STORE ARE FOR ILLUSTRATION PURPOSE ONLY. ACTUAL PRODUCT MAY VARY DUE TO COLOR PROCESSING, PRODUCT ENHANCEMENT, SIZE ADJUSTMENT, ETC.
Your and others' use of the Service or the products that you purchase on the on-line store will meet your requirements;
Your and others' use of the Service will be uninterrupted, timely, secure or free from errors;
Defects in the operation or functionality of the Services will be corrected within timeframe desirable to you.
In no event shall ÂME Creations, its directors, officers, shareholders, partners, subsidiaries, affiliates, agents and licensors, or providers be liable for any indirect, special, incidental, punitive, or consequential damages arising out of or related to the use, inability to use, performance or nonperformance of the Services, even if ÂME Creations was previously advised of the possibility of such damages and regardless of whether such damages arise in contract, tort, unjust enrichment laws, under statute, in equity, at law, or otherwise.
We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if your breach these Terms.
Upon termination, your permission to use the Service will immediately cease.
IX. Limitation of Liability
In no event shall ÂME Creations , its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, marketshare, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct, use, misuse, or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE.
ÂME Creations, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
XI. Governing Law
These Terms shall be governed and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have between us regarding the Service.
Any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis. You may not seek to have any dispute heard as a class action, or join in a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No proceeding will be combined with another without the prior written consent of all parties to all affected proceedings.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try, but will not be obligated, to provide through the Service at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use of our Service after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the Service.
XIII. Contact Us
If you have any questions about these Terms, please contact us:
-By email: firstname.lastname@example.org
-By visiting this page on our website: http://www.ame.jewelry/contact
-By postal mail: 432 Park Ave South, 10th fl, NY, NY, 10016