Terms of service

Terms and Conditions

 

Effective from: March 16th,2022

Welcome to EILEENJEWEL (“EILEENJEWEL”,” We”, “Us” or” Our”). the services(“Service”) provided on the website(the “Website”, “Site”) is operated by EILEENJEWEL These Terms and Conditions(including additional terms and conditions, policies, guidelines, and rules referenced herein and/or available by us)constitute a legal agreement (the “Agreement”, “Terms of Use” or “Terms”) between you(“User”, ”Buyer” or “You”, ”you”) and EILEENJEWEL that governs your use of the Service and purchase any products (“Products”, whether from Us or suppliers) through EILEENJEWEL.

Any new features or tools which are added to the Site shall also be subject to the Terms. You can review the most current version of the Terms of Service at any time on this page. 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.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

  1. Eligibility
    • 1.1 By logging into the site, you are being compliant that these terms and you represent that you have the authority and capacity to enter into these Terms. You further 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. If you disagree with any of the provisions of these terms, do not log into and\or use the site.
    • 1.2 You are only authorized to use the Service if you agree to abide by all applicable laws and to these Terms.
  1. User account, Accuracy & Security
    • 2.1 User Account
      • 2.1.1 To access and use certain parts of the Site, you may be asked to create a user account ("Account"), and to provide information that personally identifies you. You represent and warrant that all user information you provide in connection with your Account and your use of the Site is current, complete, and accurate, and you agree that you will update that information as necessary to maintain its completeness and accuracy by updating your personal profile. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and We have no obligation to investigate the authorization or source of any such access or use of the Services.
      • 2.1.2 You agree that you will not submit any fake content (including without limitation any username, likeness, or Profile) to willfully and credibly impersonate another person, whether actual or fictitious. If EILEENJEWEL believes in its sole discretion that the information you provide is not current, complete, or accurate, EILEENJEWEL has the right to refuse you access to the Site. For additional information, see EILEENJEWEL’s Privacy Policy.
      • 2.1.3 By creating an account with us, you acknowledge that we may send you promotional or marketing emails from time to time. If you do not wish to receive those emails, please use the link provided in those emails to unsubscribe from our email list.
    • 2.2 Account Security
      • You may be asked to provide a username, password, and possibly other information to secure your Account. You are entirely responsible for maintaining the confidentiality of your password. You may not use the username or password of any other person, nor may you share your username and password, nor may you circumvent any authentication mechanism requiring the entry of usernames, passwords, or any other information to gain unauthorized access to the Website. You agree to notify EILEENJEWEL immediately of any unauthorized use of your Account. EILEENJEWEL shall not be liable for any loss that you incur because of someone else using your Account, either with or without your knowledge. You may be held liable for any losses incurred by EILEENJEWEL, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else's use of your Account.
  1. User Content
  • 3.1 User Content. "User Content" means any and all information and content that a User submits to the Site. You are exclusively responsible for your User Content. You bear all risks associated with the use of your User Content. You hereby certify that your User Content does not violate our Acceptable Use Policy. You may not represent or imply to others that your User Content is in any way provided, sponsored, or endorsed by EILEENJEWEL. Because you alone are responsible for your User Content, you may expose yourself to liability. EILEENJEWEL is not obliged to backup any User Content that you post; also, your User Content may be deleted at any time without prior notice to you. You are solely responsible for making your own backup copies of your User Content if you desire.
  • 3.2 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 the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
  • 3.3 You hereby grant to EILEENJEWEL an irreversible, nonexclusive, royalty-free and fully-paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Site. You hereby irreversibly waive any claims and assertions of moral rights or attribution with respect to your User Content.
  • 3.4 Acceptable Use Policy. The following terms constitute our "Acceptable Use Policy": You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right or any intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
  • 3.5 In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages; (iii) use the Site to harvest, collect, gather or assemble information or data regarding other users without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site, whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site; or (vi) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to the Site.
  • 3.6 We reserve the right to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 11, and/or reporting you to law enforcement authorities.
  • 3.7 Each Site user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. You agree that EILEENJEWEL will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.
  • 3.8 If you provide EILEENJEWEL with any feedback or suggestions regarding the Site, you hereby assign to EILEENJEWEL all rights in such Feedback and agree that EILEENJEWEL shall have the right to use and fully exploit such Feedback and related information in any manner it believes appropriate. EILEENJEWEL will treat any Feedback you provide to EILEENJEWEL as non-confidential and non-proprietary.
  1. Products, Purchases & Payments
  • 4.1 Certain Products may be available exclusively online through the Website. These Products may have limited quantities and are subject to return or exchange only according to our Return Policy.
  • 4.2 We have made every effort to display as accurately as possible the colors and images of products that appear at the Site. We cannot guarantee that your computer monitor's display of any color will be accurate.
  • 4.3 We reserve the right but are not obligated, to limit the sales of 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 that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Site is void where prohibited.
  • 4.4 If you purchase a Product through the Website, you will be required to provide your billing and shipping information as well as information regarding your credit or debit card (each, a “Payment Card”) so that we may charge you for the costs and fees associated with your purchase. You represent and warrant that you are the authorized account holder on all Payment Cards you submit through the Website and acknowledge and agree that EILEENJEWEL has the right to charge your Payment Card for the cost of the Products, and all taxes, shipping, and handling fees communicated to you at the time of your purchase.
  • 4.5 Please note that there may be certain orders that we are unable to accept and must cancel. EILEENJEWEL reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. TYPOGRAPHICAL ERRORS While EILEENJEWEL strives to provide accurate product and pricing information, pricing or typographical errors may occur. EILEENJEWEL.com cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, www.EILEENJEWEL.com shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is priced incorrectly, www.EILEENJEWEL.com may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
  1. Title and Risk of Loss
  • 5.1 Delivery to carrier shall constitute delivery to Buyer, and thereafter risk of loss or damage shall pass to Buyer. Any claim of Buyer relative to damage during shipping or delivery should be made directly to the carrier. Any claims by Buyer against EILEENJEWEL for shortage or damage occurring prior to such delivery to carrier must be made within fourteen(14)days after receipt of the goods and accompanied by proof of your purchase. If necessary, we will ask you to provide other required supporting information, such as the original shipping order signed by the carrier, indicating the condition of the goods when received by the carrier from [Funny Enjoy], etc. Notwithstanding passage of the risk of loss to Buyer, title and right of possession to the goods sold hereunder shall remain with EILEENJEWEL until all payments hereunder, and Buyer agrees to do all acts necessary to perfect and maintain such right and title in EILEENJEWEL.
  1. Prohibited Conduct
  • 6.1 EILEENJEWEL imposes certain restrictions on your use of the Website. Any violation of this Agreement may subject you to civil and/or criminal liability.
  • 6.2 You must not use the Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the website, or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
  • 6.3 You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.
  • 6.4 You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to the Website without EILEENJEWEL’s express written consent.
  • 6.5 You must not engage in any of the following conduct on the Website, which is expressly prohibited: (a) providing false, misleading, or inaccurate information to EILEENJEWEL or any other person in connection with the Website; (b) impersonating, or otherwise misrepresenting affiliation, connection, or association with, any person or entity; (c) accessing content or data not intended for you, or logging into a server or account that you are not authorized to access; (d) attempting to probe, scan, or test the vulnerability of the Website, or any associated system or network, or breaching security or authentication measures without proper authorization; (e) interfering or attempt to interfere with the use of the Website by any other user, host, or network, including (without limitation) by submitting malware or exploiting software vulnerabilities; (f) forging, modifying, or falsifying any network packet or protocol header or metadata in any connection with, or transmission to, the Website (for example, SMTP email headers, HTTP headers, or Internet Protocol packet headers); (g) creating additional Accounts to promote your (or another's) business, or causing others to do so; or (h) paying anyone for interactions on the Website.
  • 6.6 You must not use the Website to transmit or send unsolicited commercial communications.
  • 6.7 You must not use the Website for any purposes related to marketing without EILEENJEWEL’s express written consent.
  1. Disclaimers
  • 7.1 The Site is provided on an "as-is" and "as available" basis, and EILEENJEWEL and our suppliers expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of ability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We and our suppliers make not guarantee that the Site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. If applicable law requires any warranties with respect to the Site, all such warranties are limited in duration to ninety (90) days from the date of first use.
  • 7.2 Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
  • 7.3 We reserve the right to change, suspend, or cease the Site with or without notice to you. You approved that We will not be held liable to you or any third party for any change, interruption, or termination of the Site or any part.
  • 7.4 We do not warrant that the quality of any Products, Service, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
  1. Limitation on Liability
  • 8.1 To the maximum extent permitted by law, in no event shall EILEENJEWEL or our suppliers be liable to you or any third-party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from or relating to these terms or your use of, or incapability to use the Site even if EILEENJEWEL has been advised of the possibility of such damages. Access to and use of the Site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.
  • 8.2 We and our suppliers shall not be liable for incidental or consequential losses, damages, or expenses arising directly or indirectly from the sale, handling, or use of the goods, or from any other cause relating thereto. EILEENJEWEL 's liability, in any case, including for claims of breaches of warranty or negligence is exclusively limited, at our EILEENJEWEL 's option, to the replacement of goods not complying with this agreement, the repayment of, or crediting Buyer with, an amount equal to the purchase price of such goods, or repairing or arranging for repair of the goods. If We request the return of the goods, the goods will be redelivered to Us in accordance with EILEENJEWEL 's instructions. The remedies contained in this paragraph constitute the sole recourse of Buyer against EILEENJEWEL for breach of any of our EILEENJEWEL 's obligations, whether of warranty or otherwise. As long as EILEENJEWEL makes a good faith effort to rectify any breach, the remedies provided for herein shall be deemed satisfied.
  • 8.3 Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
  1. Intellectual Property
  • 9.1 You represent and warrant that, when using the Website, you will obey all applicable laws and respect the intellectual property rights of others. Your use of the Website is at all times governed by and subject to copyright and other intellectual property laws. You agree not to upload, post, transmit, display, perform, or distribute any content, information, or other materials in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights.
  • 9.2 The property rights in the Site and all other intellectual property rights related to the EILEENJEWEL are owned by EILEENJEWEL and its licensors. The Agreement does not transfer any intellectual property rights with respect thereto and only provides a limited, non-exclusive, and non-transferable license to use the Site made available by EILEENJEWEL solely for the purpose of using the Services in accordance with these terms and the applicable usage instructions communicated to you via the EILEENJEWEL website from time to time.
  • 9.3 Certain Restrictions. The rights approved to you in these Terms are subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site; (b) you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site must be retained on all copies thereof.
  1. EVENTS BEYOND OUR CONTROL
  • 10.1 We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under the Terms or other contracts when caused by events that are beyond our reasonable control (“Force Majeure”). Force Majeure shall include any act, event, failure to exercise, omission, or accident that is beyond our reasonable control, including, among others, the following:
    • 10.1.1 Strike, lockout, or other forms of protest.
    • 10.1.2 Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not), or threat or preparation for war.
    • 10.1.3 Fire, explosion, storm, flood, earthquake, collapse, epidemic, pandemic, or any other natural disaster.
    • 10.1.4 Inability to use trains, ships, aircraft, motorized transport, or other means of transport, public or private.
    • 10.1.5 Inability to use public or private telecommunication systems.
    • 10.1.6 Acts, decrees, legislation, regulations, or restrictions of any government or public authority.
    • 10.1.7 Strike, failure, or accident in maritime or river transport, postal transport, or any other type of transport.
  • 10.2 It shall be understood that our obligations deriving from the Terms or other contracts are suspended during the period in which Force Majeure remains in effect and we will be given an extension of the period in which to fulfill these obligations by an amount of time equal to the time the Force Majeure lasted. We will provide all reasonable resources to end the Force Majeure to the extent we can or to find a solution that enables us to fulfill our obligations under the Terms despite the Force Majeure.
  1. Termination
  • 11.1 Subject to this Section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately. You understand that any termination of your Account may involve the deletion of your User Content associated with your Account from our live databases. EILEENJEWEL will not have any liability whatsoever to you for any termination of your rights under these Terms.
  • 11.2 Effect of Termination. All Sections above shall survive the expiration or any termination of this Agreement for as long as necessary to permit their full discharge
  1. Privacy Policy & Cookies
  • 12.1 By using the Website, you represent and warrant that you have read and understood and agree to be bound by EILEENJEWEL’s Privacy Policy (the “Privacy Policy”), which is incorporated into this Agreement by reference. Please click Privacy Policy to view the details. As explained more fully in the Privacy Policy, the Website uses Cookies to collect certain information from you. By using the Website and agreeing to these Terms of Use, you consent to EILEENJEWEL's use of Cookies in accordance with the terms of our Privacy Policy.
  1. Links
  • 13.1 This Site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that EILEENJEWEL.com is not responsible for the operation of or content located on or through any such site.
  1. General Provisions
  • 14.1 No Support or Maintenance. You agree that We will have no obligation to provide you with any support in connection with the Site.
  • 14.2 EILEENJEWEL shall be entitled, at any time, to assign, novate or otherwise transfer the Agreement to another company, without the prior consent of you.
  • 14.3 In the event that any provision in the Agreement is declared null and void or inapplicable, said provision shall be deemed non-existent, and all other provisions of the Agreement shall remain applicable. The parties undertake to take all steps to eliminate the provision declared null and void and/or inapplicable and to replace the same with a provision approaching, insofar as possible, the economic objective of the provision declared null and/or inapplicable.
  • 14.4 The Agreement contains all the commitments between the parties and replaces all other prior contractual commitments between the parties. No representation, warranty, or undertaking given by any of the parties to any of the other parties under the Agreement shall be of any force or effect unless expressly reduced to writing and repeated in the Agreement, and all implied or prior representations, warranties, and undertakings are, save to the extent expressly set out in the Agreement, expressly excluded to the fullest extent permitted by law.
  • 14.5 Online contracting - In case You have concluded the Agreement with EILEENJEWEL via EILEENJEWEL’s website or via any other online means, EILEENJEWEL may at any time request that You re-confirms its acceptance of the terms of the Agreement by means of a written document signed by an authorized representative of the You. If You does not comply with such request within 5 working days after receiving a request by EILEENJEWEL to do so (which request may be issued to You via the contact email address submitted by You when concluding the Agreement), EILEENJEWEL reserves the right to suspend part or all of the Services until You has complied with such request.
  • 14.6 Reasonable Attorney's Fees. In the event suit or other proceedings shall be brought for the recovery of the purchase price, or any unpaid balance or the breach by Buyer of any term herein contained, you shall pay to EILEENJEWEL, in addition to any damages proved by law, reasonable attorney's fees and costs of collection.
  • 14.7 We may update our Terms from time to time. We may notify you of changes by posting the new Terms on this page, or via email and/or a prominent notice on our Site, prior to the change becoming effective and update the "effective date" at the top of this Terms.
  • 14.8 You are advised to review these Terms periodically for any changes. Changes to these Terms are effective when they are posted on this page.
  • 14.9 Assignment. You may not assign or transfer this Agreement (or any of your rights or obligations under this Agreement) without prior written consent. Any attempted assignment or transfer without complying with the foregoing will be void. We may freely assign or transfer this Agreement. This Agreement inures to the benefit of and is binding upon the parties and their respective legal representatives, successors, and assigns.
  • 14.10 Indemnification. You agree to release, indemnify, and defend We and any subsidiaries, affiliates, related companies, suppliers, licensors and partners, and the officers, directors, employees, agents, and representatives of each from all third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to (1) your use of the Services; (2) your conduct or interactions with other users of the Services; (3) your breach of these Terms. We will notify you promptly of any such claim and will provide you (at your expense) with reasonable assistance in defending the claim. You will allow us to participate in the defense and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter.
  • 14.11 If We or substantially all of its assets, were acquired, or in the unlikely event that the We or its affiliates go out of business or enter bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur and that any acquirer of Us may continue to use your personal information as set forth in this Agreement. For more information, please see Privacy Policy.
  1. Governing Law
  • 15.1 The Agreement is solely governed by and construed in accordance with the laws of China, excluding the Convention on Contracts for the International Sale of Goods.
  1. Settlement of Disputes
  • 16.1 Negotiation Among Parties. The Parties agree to first negotiate in good faith to resolve any dispute, controversy, difference, or claim arising out of or relating to this Agreement, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to this Agreement (collectively, “Dispute”). Such negotiation shall begin within fourteen (14) days after one Party hereto has delivered to the other Party a written request for such negotiation. If the negotiations do not resolve the dispute to the reasonable satisfaction of both Parties within thirty (30) days following the commencement of such negotiation, Subsection 16.2 below shall apply.
  • 16.2 Arbitration. In the event the Parties are unable to settle a Dispute between them regarding this Agreement in accordance with Subsection 16.1 above, Any dispute arising from or in connection with this Agreement shall be submitted to Shanghai International Arbitration Center(“SHIAC”) arbitration. The arbitration shall be conducted in accordance with the SHIAC Administered Arbitration Rules in force at the time of the initiation of the arbitration, which rules are deemed to be incorporated by reference into this subsection. The law of this arbitration clause shall be Chinese law. The seat of arbitration shall be Shanghai. The number of arbitrators shall be three, of whom each Party respectively appoints one (1) arbitrator and the SHIAC appoints one (1) arbitrator. The arbitral proceedings shall be conducted in Chinese. The award of the arbitral tribunal shall be final and binding upon the Parties thereto.