Terms and Conditions

1. Charmings Charms has a few fundamental rules for our customized glass charm product. We expect you to submit images that will be deemed acceptable by the general public and that are in compliance with the image guidelines that have been established by Charmings Charms. These guidelines are posted on our Web site. We expect you to submit images which you have created or images which you have received from other sources but do not violate any copyright laws. We expect you to submit images which will not damage the reputation of Charmings Charms or any other party. Charmings Charms reserves the right to reject any image if it fails to meet our standards.

The following sections describe the above rules in more detailed, legal terms. However we trust that you can sense the basic spirit of our policy as simply expressed above.

2. Definitions: These Terms and Conditions are subsequently referred to as "Terms." "You" refers to you, the customer. These terms apply to the use of this Web site ("Web site") when you are designing and purchasing customized charms ("charms") from Charmings Charms. Charmings Charms is a general partnership located in Torrance, CA.

3. Acceptance: By placing an order you accept these terms and conditions.

4. Age Restriction: Orders for customized charms must be submitted by persons who are at least 18 years old. This policy is Charmings Charms way of complying with the Children's Online Privacy Protection Act of 1998 (COPPA).

5. Geographic Restriction: Orders for Charmings Charms will only be shipped to the United States and United States Territories. International ordering will be on a case-by-case basis. There are additional shipping fees for International orders.

6. Your Responsibilities When Creating and Using Customized Charmings Charms: You acknowledge and agree that neither Charmings Charms nor any other party connected with the license or manufacture of your customized charms is involved in any way with the design of your customized charms. You assume all risks associated with the use of any of your content and images. You are solely responsible for, and assume all liability arising from, all personalized charms that you, or any other person using your account, create or use in connection with the Charmings Charms Web site.

Charmings Charms manufactures the finished charms and jewelry. This in no way implies any of the following:

• That Charmings Charms approves or endorses the content of the charm design.
• That the customized charm complies with all applicable laws.
• That you will not incur any liability or harm arising from the customized charm.

Furthermore, you agree not to use the Charmings Charms service, the customized charm manufactured at your behest, or images of your custom charms in any manner that would cause damage to the public reputation of Charmings Charms, its employees, board members, or partners. In the event that you use or publicly display your Charmings Charms customized charms, including display by way of the Internet, to intentionally bring harm to Charmings Charms, its employees, shareholders, board members or partners, Charmings Charms reserves the right to demand the immediate return of the customized charms produced for you. In such a case, Charmings Charms will destroy all the customized charms and pursue any and all remedies available to Charmings Charms under the law.

7. Under these Terms and Conditions, you may not submit any of the following material to Charmings Charms.

• Any such material submitted will not be processed by the Charmings Charms service.
• Any material that is restricted by the Image Guidelines Click here for Image Guidelines.
• Any images or orders sent from an anonymous or false address.

8. Privacy Policy: Your privacy is extremely important to us, and we are committed to protecting your privacy rights. This policy describes how we treat your personal and non-personal information collected when you navigate our Web site, use our products, or contact us. The Charmings Charms Web site is owned and operated by Michael Mador and Sara Gold.

This policy is effective as of January 1st, 2010.

 

Information Collection and Use

1. When You Visit the Charmings Charms Web Site

When you visit and browse through our Web site, we automatically gather and store the following information about your visit (that does not identify you personally):

• The Internet domain (for example, "xyzcompany.com") and IP address (number assigned to your computer whenever you access the Internet) from which you access our Web site
• The type of browser and operating system used to access our site 
• The date and time you access our site 
• The pages you visit 
• The Internet address of the Web site you are visiting from, if any.

We use this information to help us make our site more useful to visitors—to learn about the number of visitors to the different sections of our site, what information is of most and least interest, and technical information that will enhance ease of use, such as, the types of technology our visitors use and system performance or problem areas.

We may use persistent cookies as well as session cookies to maintain your data while you sign up for our service and while you purchase products from our online store. These cookies do not identify you personally. Session cookies are released as soon as you complete or terminate your signup or purchase; persistent cookies are released when you delete them from your computer or automatically after one year.

We only collect information that identifies you personally when you choose to share it with us by signing up for our service, purchasing products on our online store, or sending us an email message.

2. When You Purchase Products at Our Online Store

We collect the following information when you make a purchase on our online store:

• Your name and/or company name
• Your credit card information including number, type, expiration date, cardholder name, and billing address 
• Your shipping address, your telephone number, and your email address.

This information is used to charge your credit card for store purchases and to fulfill your order. It is shared with our payment processors. It may be stored to provide customer support on your orders.

3. When You Send Us an Email

We provide technical and pre-sales support through email. We include links to send us email on our Web site. If you send us an email message that includes personal information, we will use that information to respond to your inquiry. We will preserve the content of your email, your email address, and our response so that we can more efficiently handle any follow-up questions.

Please remember that email is not necessarily secure against interception. If your communication is very sensitive, or includes information such as your bank account, charge card, or social security number, do not use email.

4. When You Purchase Customized Charms with Charmings Charms

When you purchase customized charms using CharmingsCharms.com, we collect the amount and date of your charm purchase. Furthermore, we share your credit card information with our credit card processor to authorize and process your payment every time you purchase charms.

5. When You Create Custom Charms with Charmings Charms

When you create custom charms using Charmings Charms, we collect the following information:

• The date and time of the transaction.
• The uploaded image. 

 

Security Practices for the Information Collected

We will safeguard, according to strict standards of security and confidentiality, any information you share with us. To ensure that your personal information remains confidential, the information is sent via a "secure session" established by Secure Sockets Layer (SSL) or equivalent technology. These technologies encrypt and protect your personal information to guard against unauthorized access.

 

Information Sharing

We do not rent, sell, or swap your personal information with anyone for marketing purposes. We only share your information with third parties as follows:

1. We may share your information if it is subpoenaed in legal proceedings, if it is requested by a government agency, if it is needed in an investigation, to protect our rights, property, or safety or the rights, property, or safety of our users or others (e.g., to a consumer reporting agency for fraud protection, etc.), or as required by law.
2. We may share part of your information with our affiliates if you signed up with Charmings Charms using one of their affiliate links, or with other Charmings Charms customers if you identified them as a referrer to our service. We will not share any of your personal information with the referrer or affiliate.
3. We may provide information to trusted partners or contractors working on our behalf subject to confidentiality agreements that bar their use of this information for their own purposes.
4. In the case of a merger or acquisition of our company, service, or assets, we may share your information with the other company, and will notify you on this site if your information is to be transferred.
5. We contract with an online partner to help manage and optimize our Internet business and communications. We use the services of this company to help us measure the effectiveness of our advertising and how visitors use our Web site. To do this, we use Web beacons and cookies provided by our marketing company. The type of information we collect includes information about your browser and which technologies you use, where in the world you are coming from, and how you interact with our site, including product codes and prices for merchandise you purchase, and which pages you visit. We do not collect any personally identifiable information in this process. By supplementing our records, this information helps us learn things like what pages are most attractive to our visitors, which of our products most interest our customers, and what kinds of offers our customers like to see. Although our marketing company logs the information coming from our site on our behalf, we control how that data may and may not be used. If you do not want to help us learn how to improve our site, products, offers, and marketing strategy, you can opt-out of this Web site analysis tool by emailing: info@CharmingsCharms.com

As a consumer, if you consent, we may, from time to time, communicate information to you regarding services, products, announcements, or special offers from us or from one of our partners. In cases where the communication concerns one of our partners, only we (or our agents under confidentiality agreements) will communicate with you directly, and we will not release your information to our partners.

If you have a business account with us, you may opt-out of these communications by notifying us at the email address listed.

 

Child Privacy

You must be at least 18 years of age to use this site for the purchase of goods or services. If you are under the age of 18, you are welcome to browse this site, but you are not permitted to provide information or to make purchases.

If you have any questions or suggestions about our privacy policy, or if you want to opt-out of communications from us, please contact us at:

info@CharmingsCharms.com
Charmings Charms
Privacy
19000 Hawthorne Blvd. Suite 100
Torrance, CA 90503

 

Privacy Policy Changes

We may, from time to time, update our privacy policy. If we make changes to our privacy policy, the new privacy policy and new effective date will be posted on this Web site.

Your privacy is very important to Charmings Charms. We designed our Privacy Policy to make important disclosures about how you can use Charmings Charms to share with others and how we collect and can use your content and information. We encourage you to read the Privacy Policy, and to use it to help make informed decisions.

9. Pricing: The prices, shipping and handling fees, and retail policies are described on our Web site. These elements are incorporated, by reference, into these Terms and Conditions. All pricing is in US dollars. Pricing and product may change, at any time, at the discretion of Charmings Charms.

10. Compliance with Local, State and Federal Laws: In using our service, you agree not to take any action that harms or infringes upon on the rights of any individual, group, or entity. You agree that you will use this Web site and any products ordered from this Web site in accordance with all applicable United States federal, state and local laws, statutes, regulations, and ordinances.

11. Jurisdiction: These Terms and Conditions shall be governed by, and construed in accordance with, the laws of the State of California. Any disputes arising under, or in connection with, these Terms shall be subject to the jurisdiction and venue of the courts of the Western District of California, located in Los Angeles, California.

12. Losses During Product Shipment: All personalized charms purchased through this Web site and from Charmings Charms is subject to a shipment contract. The risk of loss and title for such items passes to you upon our conveyance of the goods to our carriers (USPS, FedEx or UPS).

13. Warranties and Indemnification: By submitting any image file you warrant that the image is not protected under copyright or trademark laws or that you have the authority to print or reproduce the files. You hereby agree to indemnify and hold Charmings Charms harmless from any suit, demand, or claim made against Charmings Charms by reason of breach of this warranty, and you agree to any judgment or reasonable settlement offer resulting from any such suit, demand, or claim, and to pay any attorney's fees incurred by Charmings Charms in defending against such suit, demand, or claim. You agree that Charmings Charms may provide a copy of this statement to anyone claiming infringement of copyright or trademark in the file(s) being submitted. More specifically, you agree to indemnify and hold Charmings Charms and its subsidiaries, affiliates, officers, employees, agents, printers, contractors, vendors, co-branders, suppliers, internet service providers, and partners harmless from any loss, cost, claim, demand or other harm of any kind, including reasonable attorneys' fees, due to or arising out of your use of the Charmings Charms Web site, your content and/or images, your use of the customized charms, your default under any provision in these Terms, your violation of any laws and your violation of any rights of another person.

14. Charmings Charms is committed to honoring valid copyrights on images. Users of the Charmings Charms charm service are required by United States law to own the right to or to obtain permission to use any image before the image is submitted to Charmings Charms. If you believe that your work has been copied in a way that infringes your copyrights, please contact us at the following address with complete details:

ATTN: Copyright Protection
Charmings Charms
19000 Hawthorne Blvd. Suite 100
Torrance, CA 90503
Email: info@charmingscharms.com

15. Potential Charge for Repeat or Overt Content Violations: You agree that if Charmings Charms in its sole discretion, determines that any material you submit does not meet the content requirements, Charmings Charms may charge a processing fee of $8.50 for each image which violates our content restrictions.

16. Termination of Access/Refusal of Service: Charmings Charms may at any time, without notice, refuse to accept your orders for customized charms, change or curtail any part of our service, and refuse to process any order (or part of an order) if you do not comply with these Terms and Conditions. These actions can be taken at Charmings Charms’ sole discretion or in compliance with a request from a regulatory agency. Charmings Charms will not be liable to you or any third party for any suspension/termination/refusal of your access to the Web site or for failure to produce customized postage on your behalf.

17. Third-party links: The Charmings Charms Web site may provide links to third-party sites that might be of interest to you. We have no control over the content or availability of the contents of these sites. It is your responsibility to become familiar with each site's privacy and other policies and terms of service, and to contact that site's Webmaster or site administrator with any concerns.

18. Proprietary Rights: The concept of customized images embedded in fused glass has US patent applications that are pending.

19. Disclaimers and Limitations: Charmings Charms hereby disclaims all warranties related to this agreement whether express, implied, statutory or otherwise. This includes, without limitation, any warranty that the Web site will be continuously available, operate without error, or be immune to security breaches.

In no event will Charmings Charms be liable for any indirect, special, incidental, or consequential damages arising out of or related to this agreement, including, without limitation, damages for loss of goodwill, or Web site or computer failure or malfunction, even if advised of the possibility thereof, and regardless of the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based.

Some Legal jurisdictions do not permit the limitation or exclusion of incidental, consequential or other types of damages, so some of the above limitations may not be applicable to your situation.

You understand that the customized charm may differ from what appears on your computer screen, due to differences in monitor resolution and settings.

20. Amendment of the Terms: Charmings Charms reserves the right to amend these terms at its own discretion. You are responsible for upholding and accepting any changes if you wish to continue use of the service.

21. Precedence: These Terms and Conditions constitute the entire agreement between you and Charmings Charms with respect to our customized charm service. All other communications, written or oral, with regard to the service are hereby superseded. Our failure to act regarding a breach of these terms does not waive our right to act upon further breaches.