Terms and Conditions

Terms of Use

These terms of use (these “Terms”) apply to your use of shoppalmarosa.com (the “Site”), content you share with the Site, and to the extent applicable, with us through other means, and the purchase and sale of products and services through the Site. You agree to be bound by these Terms by using the Site. You may not use the Site unless you agree to these Terms. These Terms are subject to change by Palmarosa, L.L.C. (also referred to as the “Company,” “us”, “we”, or “our”) at any time without notice except as provided as follows. Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on the Site. You should review these Terms before purchasing any product that is available through this Site and before sharing information with the Site, including before making Contributions to the Site (see Customer Reviews and/or Other Consumer Contributions, below). Your continued use of this Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes. The words “product” and “item” are used throughout these Terms interchangeably.

The Site is hosted by Shopify Inc.

Term and Termination: Your and our obligations and liabilities incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms are effective while you use our Site. You may terminate this agreement by notifying us at contact@shoppalmarosa.com that you no longer wish to be bound by these Terms, at which point you may no longer use this Site. We may terminate this agreement without notice, and immediately deny you access to the Site, if we suspect that you have breached these Terms. We may disable your user account and/or erase any or all data you have shared with the Site at any time if we suspect that you have breached these Terms or following the termination of this agreement.

Pricing: All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed. Posted prices may not include taxes or charges for shipping and handling. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. We may offer, from time to time, promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. Such promotions will be clearly labelled as such, including the word, “Promotion,” on the sale page of each item subject to the promotion. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

Limited Quantities: An offer on this Site for a product is not without limitation. We reserve the right to limit the quantity of any product or products available to a single user or household. We may use any information you provide to us, such as information you provide at checkout, to determine that multiple users constitute a single household. If you believe that we have made this determination in error, please contact us at contact@shoppalmarosa.com. If you are a dealer and wish to order large quantities of any product or products sold on this Site, please do not use the regular checkout function; instead, please contact us at contact@shoppalmarosa.com for more information.

Shipping and Handling: We will arrange for shipment of the products to you. You will be responsible for all shipping and handling charges specified during the ordering process.

Refunds: For details about returns and refunds, please see our Return Policy. As stated therein, items whose sale is designated as “Final” or “Non-Refundable” are not eligible for return or refund. The terms of any promotion may also limit the availability of returns and refunds for any item.

Care of Jewelry: You assume responsibility for the appropriate precautions when handling and wearing jewelry purchase on the Site, including removing jewelry while showering, washing hands, or during athletic activities, as necessary, and consulting with an appropriate medical professional regarding any allergies you may have to any metal before wearing jewelry purchased on this Site. Please contact us at contact@shoppalmarosa.com for detailed information about all materials contained within any of our products.

Prohibited Uses. You may use the Site only for lawful purposes and in accordance with these Terms. The Site is available to you so that you may learn about, share information about, and purchase our consumer goods, contact us, and to a limited extent, submit your contributions. You may not use the Site for any other purpose, including any commercial purpose, without our express written consent. You agree not to use the Site:

In any way that violates any applicable federal, state, local, or international law or regulation;
To infringe on any party’s intellectual property rights;
To capture information or content on the Site, then remove from this information or content, any intellectual property notice information, such as a copyright or trademark symbol;
To send, knowingly receive, upload, download, use, or re-use any material in a manner that does not comply with the restrictions and principles set out in these Terms;
To harass us, or to falsely report information to us;
To harass another person, including, without limitation, on the basis of race, gender, sexual orientation, disability status, ethnicity, nationality, or social class, or to intimidate or abuse any other person;
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm the Company or users of the Site, or expose them to liability;
To create an account under false pretenses or for illegitimate purposes,
To attempt to mislead other users, including for the purpose of obtaining confidential information such as account passwords;
To transmit, or procure the sending of, any advertising or promotional material not belonging to the Company, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; or
To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity;
To use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site;
To use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
To use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms, without our prior written consent;
To use any device, software, or routine that interferes with the proper working of the Site or any related website;
To introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site or any related website, the server on which the Site is stored, or any server, computer, or database connected to the Site;
To attack the Site via a denial-of-service attack or a distributed denial-of-service attack;
To otherwise attempt to interfere with the proper working of the Site;
To illegitimately obtain the personal information of others in any way.

Intellectual Property in Our Products and the Site’s Content: Our products, and content that appears on this Site, may be protected by patent, trade secret, trademark and copyright law. You may use our products for personal use only. No part of this Site may be reproduced or duplicated for any commercial purpose without our prior written consent or the consent of our associates, as may be necessary. Your assent to these Terms grants you a limited license to access and use intellectual property on the Site for personal use only, provided that you comply with any restrictions that our associates may place on this use. “Associate” in this paragraph is defined as anyone with an interest in intellectual property on our Site or in our products, such as a service provider, manufacturer, or other third-party provider.

Customer Reviews and/or Other Consumer Contributions: We may from time to time invite you to submit reviews and/or content to us through this Site (your “Contributions”).

All Contributions must comply with the Content Standards set out in these Terms.

Any Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any Contribution on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

You own or control all rights in and to the Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
All of your Contributions do and will comply with these Terms.

You understand and acknowledge that you are responsible for any Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any Contributions posted by you or any other user of the Site.

We have the right to:

Remove or refuse to post any Contributions for any or no reason in our sole discretion.
Take any action with respect to any Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such Contribution violates these Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for the Company.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. You waive and hold harmless the company and its affiliates, licensees, and service providers from any claims resulting from any action taken by the Company during, or taken as a consequence of, investigations by either the Company or law enforcement authorities.

However, we cannot review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards: These content standards apply to any and all Contributions. Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, Contributions must not:

Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms;
Be likely to deceive any person;
Promote any illegal activity, or advocate, promote, or assist any unlawful act;
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; or
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Disclaimer of Implied Warranties: All products and services offered on this site are provided “as is” without any warranty whatsoever, including, without limitation, any (a) warranty of merchantability; (b) warranty of fitness for a particular purpose; or (c) warranty against infringement of intellectual property rights of a third party; whether express or implied by law, course of dealing, course of performance, usage of trade, or otherwise.

Limitation of Consequential and Incidental Damages: In no event shall we be liable to you or any third party for consequential, indirect, incidental, special, exemplary, punitive or enhanced damages, lost profits or revenues or diminution in value, arising out of, or relating to, and/or in connection with any breach of these Terms, regardless of (a) whether such damages were foreseeable, (b) whether or not we were advised of the possibility of such damages and (c) the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based.

Our sole and entire maximum liability, and your sole and exclusive remedy, for any harm resulting from your use of the Site or your purchase of a product on the Site, shall be limited the actual amount paid, if any, by you for the products and services you have ordered through our Site during the (6) month period prior to any cause of action arising or $400.00 USD, whichever is less. Certain jurisdictions’ laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.

Indemnification: You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) of or corresponding to any third party arising out of or relating to your use of the Site, including, but not limited to, your Contributions, any use of the Site’s content, services, and products for any purpose other than as expressly authorized herein, or your use of any information obtained from the Site.

Third Parties: Although links to third-party websites may appear on the Site from time to time, the Company does not endorse links to third-party sites. Any transaction with a third party is at your own risk.

Severability: If any provision of these Terms is determined to be invalid or unenforceable in whole or in part, that provision shall be interpreted so as to remain valid and enforceable to the maximum extent permitted by applicable law, and that provision will be deemed severed from these Terms, such that the determination of its invalidity or unenforceability, in whole or in part, will not affect the validity or enforceability of the remaining provisions of these Terms.

No Waivers: Our failure to exercise or enforce any provision of these Terms or right arising under these Terms shall not constitute a waiver of such provision or right.

Venue and Choice-of-Law: Any conflict arising out of or relating to this agreement resulting in a judicial proceeding, an arbitration proceeding, or a like action will be governed by the laws of the State of Maryland, and any such proceeding will take place in an appropriate venue within the State of Maryland.

Entire Agreement: These Terms and any digital or print order confirmation or receipt you receive from us will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.

Headings: The headings in these Terms are included for ease of reference only and are not binding. No heading shall in any way alter the plain meaning of these Terms.

Accessibility: We strive to make the Site accessible to all users. If you require assistance using the Site, please let us know at contact@shoppalmarosa.com.

﻿Updates to Terms of Use:

Updates to Terms of Use: