TERMS OF SERVICE
1. DESCRIPTION OF SERVICES:
In the Site, Setluré Collections LLC provides members with access to sales of fashion accessories jewelry, gift items , handcrafts and other apparel online (the 'Service').
2. MEMBERSHIP ELIGIBILITY:
In order to make purchases through the Site, you maybe requested to register and provide your personal details. In particular, Customers must provide their real name, phone number, e-mail address and other requested information as indicated. Furthermore, when ordering items, you will be required to provide payment details and you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the billing information provided. The setlure.com Site is available only to individuals and others who meet the Setluré Collections LLC's terms of eligibility, who have been issued a valid credit card by a bank acceptable to 'Setluré Collections LLC ', whose applications are acceptable to Setluré Collections LLC and who have authorized 'Setluré Collections LLC' to process a charge or charges on their credit card in the amount of the total purchase price for the merchandise which they purchase. 'Setluré Collections LLC' reserves the right to restrict the order(s) subject to the acceptance and availability. The setlure.com Service is not available to users who are not of a legal age to make purchases online or to any users suspended or removed from the system by Setluré Collections LLC for any reason. Users may not have more than one account. Maintaining more than one account by a user shall amount to fraudulent act on part of the user and attract actions against such user in accordance with the terms of clause 8 below. Additionally, users are prohibited from selling, trading, or otherwise transferring your setlure.com account to another party. If you do not qualify, you may not use the setlure.com Service or the Site. Moreover, by making an offer to purchase merchandise, you expressly authorize us to perform credit checks and, where 'Setluré Collections LLC' feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit-card number or credit reports (including credit reports for your spouse), to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and to authorize individual purchase transactions.
3. YOUR ACCOUNT:
In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in the United States of America . You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site s registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Setluré Collections LLC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Setluré Collections LLC has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). If you use the Site, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify Setluré Collections LLC immediately of any unauthorized use of your account or any other breach of security. Setluré Collections LLC reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
4. LICENSE AND SITE ACCESS:
To use some of the services or features made available to you on this Site, you may need to register. We may change registration requirements from time to time. When you register, you are required to provide information about yourself. that is true, accurate, current and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address firstname.lastname@example.org. Setluré Collections LLC grants you a limited license to access and make personal use of the Site and the Service. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any Content available through the Site uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in Setluré Collections LLC's sole discretion) an unreasonable or disproportionately large load on Setluré Collections LLC's infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by Setluré Collections LLC to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the permission or license granted to you by Setluré Collections LLC.
5. PRICING INFORMATION:
All prices and offers remain valid as advertised from time to time. Prices shown on the site are usually exclusive of sales tax, VAT . Whilst we try to ensure that all details, descriptions and prices that appear on this Website are accurate, errors may occur. If we discover an error in the price of any Product or Service that you have ordered from "Setluré Collections LLC", we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or canceling it. Product prices are usually set in American US dollars. In case we receive an order from a customer outside the US, we reserve the right to cancel the order at our discretion. Shipping costs , sales tax, and other applicable taxes may be charged at the time of purchase and will be disclosed at the time of checkout. In addition. The details of the shipping charges are displayed where applicable and included in the total cost. If you are purchasing, outside the US, you are responsible for any applicable custom duty, excise charges and other import fees as applicable to the country where goods are being shipped.
6. FRAUDULENT/DECLINED TRANSACTIONS:
Setluré Collections LLC constantly monitors the users account in order to avoid fraudulent accounts and transactions. Users with more than one account or availing referral vouchers fraudulently shall be liable for legal actions under law and Setluré Collections LLC reserves the right to recover the cost of goods, collection charges and lawyers fees from persons using the Site fraudulently. Setluré Collections LLC reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, Setluré Collections LLC reserves the right to immediately delete such account and dishonor all past and pending orders without any liability. For the purpose of this clause, Setluré Collections LLC shall owe no liability for any refunds.
7. PAYMENT AND CREDIT CARD DETAILS:
Payment can be made by Visa, MasterCard, American Express, Paypal, Google Checkout . Payment will be debited and cleared from your account upon receipt of your order by "Setluré Collections LLC". You confirm that the credit/debit card that is being used is yours. 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 to "Setluré Collections LLC", we will not be liable for any delay or non-delivery. You agree, understand and confirm that the credit card details provided by you for availing of services on Setluré Collections LLC will be correct and accurate and you shall not use the credit card which is not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details to Setluré Collections LLC. Further the said information will not be utilized and shared by Setluré Collections LLC with any of the third parties unless required for fraud verifications or by law, regulation or court order. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site. Setluré Collections LLC will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to prove otherwise shall be exclusively on you.
8. LIMITATION OF LIABILITY:
Setluré Collections LLC will not be liable for short delivery or defective Goods unless a claim is notified by you in writing within 14 days of delivery in accordance with Return and Exchange Terms. The notification must include the invoice number, delivery note number and details of the claim. The items contained in the invoice will be property of our company until the net amount has been remitted to us. Losses or damages during transit are exclusively buyers risk. This also applies even when the freight is paid by us. Setluré Collections LLC will not be liable in any way for loss, damage, costs or expenses (including loss of profit) arising directly or indirectly from any failure or delay in performing any obligation under this Contract by reason of any event or circumstance outside the reasonable control of Setluré Collections LLC, including but not limited to), any strikes, industrial action, failure of power supplies or equipment, government action or Act of God. You expressly understand and agree that Setluré Collections LLC and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Setluré Collections LLC has been advised of the possibility of such damages), resulting from use of the site, sale and supply of goods content or any related services. This limitation of liability section shall prevail over any conflicting or inconsistent provision contained in any of the documents comprising this Agreement. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.
You agree to indemnify and hold Setluré Collections LLC (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys fees, or arising out of or related to your breach of this TOS, or your violation of any law or the rights of a third party.
10. ELECTRONIC COMMUNICATION:
When you use the Site or send emails to Setluré Collections LLC, you are communicating with Setluré Collections LLC electronically. You consent to receive communications from Setluré Collections LLC electronically. Setluré Collections LLC will communicate with you by email, phone or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
11. SITE-PROVIDED EMAIL and POSTINGS
The Site may provide users with the ability to send email messages to other users and non-users and to post messages on the Site. Setluré Collections LLC is under no obligation to review any messages, information or content ("Postings") posted on the Site by users and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, Setluré Collections LLC may from time to time monitor the Postings on the Site and may decline to accept and/or remove any email or Postings. You understand and agree not to use any functionality provided by the Site to post content or initiate communications that contain: (i) Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law. (ii) Advertisements or solicitations of any kind. (iii) Impersonate others or provide any kind of false information. (iv) Personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references. (v) Messages by non-spokesperson employees of Setluré Collections LLC purporting to speak on behalf of Setluré Collections LLC or containing confidential information or expressing opinions concerning Setluré Collections LLC. (vi) Messages that offer unauthorized downloads of any copyrighted or private information. (vii) Multiple messages placed within individual folders by the same user restating the same point. (viii) Chain letters of any kind. (ix) Identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message. This prohibition includes but is not limited to a) Using social networking sites like Facebook.com , Google + , Twitter, LinkedIn etc. to send messages to people who don t know you or who are unlikely to recognize you as a known contact; b) Using Setlure.com to connect to people who don t know you and then sending unsolicited promotional messages to those direct connections without their permission; and c) Sending messages to distribution lists, newsgroup aliases, or group aliases.
The Site or third parties may provide links to other World Wide Web sites or resources. Because Setluré Collections LLC has no control over such sites and resources, you acknowledge and agree that Setluré Collections LLC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Setluré Collections LLC 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 site or resource.
13. ACCESS TO PASSWORD-PROTECTED/SECURE AREAS
Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
14. MODIFICATIONS AND NOTIFICATION OF CHANGES
The trademarks, logos and service marks ("Marks") displayed on the Site are the property of Setluré Collections LLC and other respective persons. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of Setluré Collections LLC or such third party which may own the trademarks. All information and content including any software programs available on or through the Site ("Content") is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.
16. SURVIVAL OF TERMS AFTER AGREEMENT ENDS
Notwithstanding any other provisions of this TOS, or any general legal principles to the contrary, any provision of this TOS that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this TOS.
17. INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that all copyright, designs, trademarks and all other intellectual property and material rights relating to the Content as herein described, including the Software and all HTML and other code contained in this Site, shall remain at all times vested in "Setluré Collections LLC" and/or are the property of their respective owners. All such Content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property. You are permitted to use the Content only as expressly authorized by "Setluré Collections LLC" and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. NO COMMERCIAL USE This Site is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site. YOUR ACTIVITY You use this Site at your sole risk. You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on this Site. We reserve the right to deny you access to this Site, or any part of this Site, at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final. INDEMNIFICATION At our request, you agree fully to defend, indemnify and hold harmless "Setluré Collections LLC" immediately on demand, its officers, directors, agents,consultants, affiliates,employees and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you or any other liabilities arising out of your use of this Site. OUR RELATIONSHIP You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and "Setluré Collections LLC" as a result of the TOS or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of "Setluré Collections LLC", and we shall not be liable for any representation, act, or omission on your part.
If any of these conditions are deemed invalid, void, or for any reason unenforceable, the agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. From time to time Setluré Collections LLC may offer special promotional offers which may or may not apply to your Setluré Collections LLC account. To avail of such promotional offers, you agree to be bound by any additional terms and conditions for these special offers which are laid down by Setluré Collections LLC. This TOS and the relationship between you and Setluré Collections LLC will be governed by the laws as applicable in the United States of America. Any disputes will be handled in the competent courts of San Jose, California, USA . The failure of Setluré Collections LLC to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Setluré Collections LLC does not guarantee it will take action against all breaches of this TOS. Except as otherwise, expressly provided in this TOS, there shall be no third-party beneficiaries to this TOS. This TOS constitutes the entire agreement between you and Setluré Collections LLC and governs your use of the Site, superseding any prior agreements between you and Setluré Collections LLC with respect to the Site.