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Terms and Conditions
Updated July 31, 2023
These terms and conditions apply to the website located at Allure Gems. Please read these Terms and Conditions (T&C) carefully. By visiting and/or using the website in any way, such as browsing products or placing an order, you agree to be bound by these terms and conditions. If you do not wish to be bound by these Terms and Conditions, do not access or use the website.
These terms and conditions of this website explain an agreement between you and Allure Gems regarding your use of this website, which is available to you free of charge. You should print a copy of these terms for your records.
Copyright Notices
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Allure Gems. The collective work includes works that are licensed to Allure Gems. Copyright 2023, Allure Gems. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Allure Gems or purchasing Allure Gems products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Allure Gems or to purchase Allure Gems products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Allure Gems. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
The trademarks, service marks, trade names, and logos (the "trademarks") used and displayed on this site are registered and unregistered trademarks of Allure Gems. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of Allure Gems or its affiliates, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Allure Gems or the trademark owner. Nothing on this site shall be construed as granting, by implication, estoppel or otherwise any license or right to use any trademark used or displayed on the site, without the express written permission of Allure Gems or the trademark owner. Misuse of the trademarks displayed on this site is strictly prohibited.
Warranty Disclaimer
This site, the content contained therein and the products provided in connection therewith (the "products") are provided on an 'as is' and 'as available' basis. Allure Gems makes no representations or warranties of any kind, whether express or implied, as to the operation of this site or the information, content, materials or products included on it. You expressly agree that your use of this site is at your sole risk, by your own free will, and that you are solely responsible for any consequences arising from this use. Without limiting the foregoing, Allure Gems disclaims all warranties, whether expressed or implied, including, but not limited to, implied warranties of merchantability and/or fitness for a particular purpose, title, and non-infringement as to the information, content, and materials on the site. Allure Gems does not warrant that this site, its servers, or its electronic communication are accurate, reliable, complete, current or free of viruses or other harmful components.
Limitation of Liability
Because of the possibility of human and mechanical error as well as other factors, the website (including all information and materials contained on the website) is provided "as is" and "as available". Allure Gems and third-party data providers are not providing any warranties and representations regarding the website. Allure Gems and third-party data providers disclaim all warranties and representations of any kind with regard to the website, including any implied warranties of merchantability, non-infringement of third-party rights, freedom from viruses or other harmful code, or fitness for any particular purpose. Further, Allure Gems will not be liable for any delay, difficulty in use, inaccuracy of information, computer viruses, malicious code or other defect in this website, or for the incompatibility between this website and files and the user's browser or other site accessing program. Nor will Allure Gems be liable for any other problems experienced by the user due to causes beyond Allure Gems’ control. No license to the user is implied in these disclaimers. Allure Gems and third-party data providers do not warrant the accuracy, adequacy, or completeness of the information and materials contained on the website and expressly disclaim liability for errors or omissions in the materials and information. Furthermore, Allure Gems and its affiliates will not be liable for any delay, difficulty in use, computer viruses, malicious code, or other defect in website, any incompatibility between the website and the user's files and the user's browser or other site accessing program, or any other problems experienced by the user due to causes beyond Allure Gems and its affiliates' control. No license to the user is implied in these disclaimers. Nothing herein shall be construed as limiting or reducing Allure Gems’ responsibilities and obligations to clients in accordance with applicable laws and regulations. Under no circumstances will Allure Gems be liable for any lost profits, lost opportunity or any indirect, consequential, incidental, special, punitive, or exemplary damages arising out of any use of or inability to use the website or any portion thereof, regardless of whether Allure Gems has been apprised of the likelihood of such damages occurring and regardless of the form of action, whether in contract, warranty, tort, (including negligence), strict liability, or otherwise.
Indemnification
You agree to defend, indemnify, and hold harmless Allure Gems, its independent contractors, service providers and consultants, and its parents, affiliates, and related entities and their respective directors, members, managers, officers, employees, agents and representatives from and against any and all claims, losses, damages, liabilities, expenses and costs (including without limitation attorneys' fees and court costs), arising out of or relating to your breach of these Terms and Conditions or your access to or use of the Allure Gems or inability to use the site, including without limitation any actual or threatened suit, demand or claim made against Allure Gems and/or its independent contractors, service providers, employees, members, managers or consultants, arising out of or relating to the site materials, your conduct, your violation of these Terms and Conditions or your violation of the rights of any third party.
Merchandise Depictions
While we make every attempt to provide accurate information on this site, we do not warrant that merchandise descriptions, images, or other content on Allure Gems is accurate, complete, reliable, current, or error-free.
Pricing
In the event that Allure Gems product is mistakenly listed at an incorrect price, Allure Gems reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Allure Gems reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Allure Gems shall issue a credit to your credit card account in the amount of the incorrect price.
Comparison Purchasing
We do not allow comparison purchasing. Comparison purchasing is the act of buying several items with the intent of keeping the one you like best and returning the remainder. This causes undue restocking and inventory overhead and can be very costly. To confirm the quality of a jewelry item, please contact our team at info@alluregemsllc.com, and we will be happy to help you make your choice.
Termination
We may terminate your access or suspend your right to access to all or part of the site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law, is in breach of these Terms and Conditions or is harmful to the interests of other users, associates, or us. In addition, we reserve the right to refuse an order from any customer at our sole discretion. The customer's sole remedy in such cases will be the full refund of any funds that we have collected in reference to the canceled products and/or services.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. The provisions relating to copyrights, trademark, disclaimer, limitation of liability, indemnification and miscellaneous, shall survive any termination.
Notice
Allure Gems may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Allure Gems.
Miscellaneous
These Terms and Conditions contain the entire understanding between you and Allure Gems with respect to the subject matter hereof and supersedes all prior agreements and understandings between you and Allure Gems with respect to the subject matter hereof. The failure of Allure Gems at any time to enforce any of the provisions of these Terms and Conditions will not be deemed or construed to be a waiver of any such provisions, or in any way to affect the right of Allure Gems to thereafter enforce each and every provision of these Terms and Conditions. No waiver by Allure Gems of any breach of any provision of these Terms and Conditions will be construed or deemed to be a waiver of any other subsequent breach. If any provision of these Terms and Conditions is declared invalid or otherwise determined to be unenforceable for any reason, such provision will be deemed to be severable from the remaining provisions of these Terms and Conditions, which will otherwise remain in full force and effect. Provisions concerning your rights and obligations which by the content of the provision operate after termination or which are necessary to enforce any right will survive any termination or expiration of these Terms and Conditions.
Site Use
You are granted a personal, limited, non-sublicensable license to access and use our site and electronically copy, (except where prohibited without a license) and print to hard copy portions of our site materials for your informational, non-commercial and personal use only. Such license is subject to these terms and conditions and does not include: (a) any resale or commercial use of our site or the site materials therein; (b) the collection and use of any product listings, pictures or descriptions for commercial purposes; (c) the distribution, public performance or public display of any site materials, (d) modifying or otherwise making any derivative uses of our site and the site materials, or any portion thereof; (e) use of any automated means to access, monitor or interact with any portion of our site, including through data mining, robots, spiders, scraping, or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of our site, the site materials or any information contained therein, except as expressly permitted on our site; (g) cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisement, or anything else which minimizes, covers, or frames or inhibits the full display of our site; (h) use our web sites in any way which interferes with the normal operation of our sites; or (i) any use of our site or the site materials other than for its intended purpose. Any use of our site or the site materials other than as specifically authorized herein, without the prior written permission of Allure Gems, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these terms and conditions shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time.
Participation Disclaimer
Allure Gems does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Allure Gems is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Allure Gems reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Allure Gems in its sole discretion.
Third Party Links
In an attempt to provide increased value to our visitors, Allure Gems may link to sites operated by third parties. However, even if the third party is affiliated Allure Gems, Allure Gems has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Allure Gems. In addition, a link to any other web site does not imply that we endorse or accept any responsibility for the content or use of such other website. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Allure Gems seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
User Submissions
You may submit survey responses, product reviews, suggestions, ideas, and other content to us on or through this site or otherwise disclosed, submitted or offered in connection with your use of this site (collectively, "comments"). By making such disclosure, submission or offer of any comments, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such comments throughout the world in any media. You grant us the right to use the name and state of residence that you submit in connection with such comments, if we choose to do so. Allure Gems shall not be limited in any way in its use, commercial or otherwise, of any Comments. Allure Gems is and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay to user any compensation for any comments; or (3) to respond to any user comments.
You agree that you will not submit comments to the site that (a) will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s) or (b) contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any comments you make.
By providing comments to us on or through the site, you represent and warrant that you own or otherwise control all of the rights to the comments that you post; that the content is accurate; and that use of the comments you supply will not violate these terms and will not cause injury to any person or entity. We reserve the right, but shall not be obligated, to monitor and edit or remove any visitor activities or comments. Allure Gems takes no responsibility and assumes no liability for any comments posted by you or any third party.
Modification And Notice
You agree that Allure Gems may modify these terms and conditions and any other policies on our site at any time and that posting the modified terms and conditions or policies on our site will constitute sufficient notice of such modification.
Severability
If any provision of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
Contact Information
If you have any questions, please do not hesitate to contact us: By email: info@alluregemsllc.com By mail: Allure Gems located at 132 West 36th Street, 3rd Floor, New York, NY 10018.