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TERMS OF USE

ACCEPTANCE OF TERMS

These Terms of Use apply to www.legamijewelry.com (“The Site”). The Site is operated by Legami USA LLC.
Legami USA, LLC makes the Site, including all information, documents, communications, files, images, text, graphics, descriptions, products (including all jewelry and related items available through the Site), and services available through the site (collectively, the “Materials”), and all services operated by Legami and third parties through the site (collectively, the “Services”), available for your use, subject to the terms and conditions set forth in this document and any changes to this document that Legami may publish from time to time (collectively, the “Terms of Use”).

BY ACCESSING OR USING THIS SITE IN ANY WAY, INCLUDING, WITHOUT LIMITATION, USE OF ANY OF THE SERVICES, DOWNLOADING OF ANY MATERIALS, OR ANY PURCHASE MADE THROUGH THE SITE, YOU AGREE TO AND ARE BOUND BY THE TERMS OF USE. YOU AGREE THAT YOU ARE AT LEAST 18 YEARS OF AGE OR THE AGE OF MAJORITY IN YOUR JURISDICTION, WHICHEVER IS OLDER. Legami RESERVES THE RIGHT TO CHANGE THE TERMS OF USE AND OTHER GUIDELINES OR RULES POSTED ON THE SITE FROM TIME TO TIME AT ITS SOLE DISCRETION, WITH OR WITHOUT NOTICE TO YOU. YOUR CONTINUED USE OF THE SITE, OR ANY MATERIALS OR SERVICES ACCESSIBLE THROUGH IT, AFTER SUCH NOTICE HAS BEEN POSTED CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES.
THE TERMS OF USE REQUIRE BINDING ARBITRATION TO RESOLVE ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OR YOUR ACCESS TO OR USE OF THE SITE, MATERIALS OR SERVICES, AND YOU AGREE THAT ANY SUCH DISPUTE OR CLAIM SHALL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR ARBITRATION. PLEASE REVIEW SECTION 14 CAREFULLY TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE RESOLUTION OF ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OR YOUR ACCESS TO OR USE OF THE SITE, MATERIALS OR SERVICES.

Your use of the Site will be subject to the most current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. You should periodically check these Terms of Use to view the then current terms. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates. All product information, including but not limited to, descriptions, materials, files, communications, documents, text, images are “Legami Content” or “Site content.”   

PRODUCT AVAILABILITY, IMAGES, CERTIFICATION, CATALOG AND PRICING

Please note that given the nature of our business, jewelry may go out of stock before we have an opportunity to update that information on the website. You therefore understand that our online catalog is not a legal offer, but is rather contingent on availability or in legal terminology- invitation to treat, and the prices are subject to change without notice. In the event that the product you purchased is out of stock, we will either fully refund you or give you the alternate options that may suit your needs. While we certainly do our best to ensure the accuracy of product descriptions and prices, we cannot make such guarantees. As such, you recognize that the product descriptions and prices may be displayed incorrectly or inaccurately on our Site due to system, typographical or other errors. The price for your order is not confirmed until we process and issue final confirmation for the order. If the correct price of an item is higher than our stated price, we will, at our sole discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

Legami displays images of its products online. You understand that select images are sample images representing the product’s characteristics in type and size, while others are true images of the corresponding product. Diamonds displayed on the Site may not represent the actual product that you will receive if you purchase the diamond product. Legami is not obligated to supply real images of products on the Site. Should real product images be used in representing a product, it is understood that those images represent the visual appearance of the product at the time of photographing, and that the diamond product may have undergone visual or other changes since.

Please keep in mind that the products we display in our online catalog may appear larger or smaller than the actual size of such products; likewise, the coloring of the products may appear slightly differently than actual product colors depending on your computer and monitor. Note that three dimensional (3D) images and sketches contain a level of inherent distortion. Nor can Legami guarantee that your monitor’s display of any product color, texture or detail will be accurate.

Legami reserves the right to refuse the fulfillment of any order, at any point pre or post order, at its sole discretion and without obligation to report the grounds for refusal, should there be any, including, but not limited to, incorrect pricing information. Placing an order with Legami, including via the website, online checkout, chat, or via a phone representative, in no way binds the Site to fulfill an order. Order fulfillment is carried out in best business practice and in good faith; the Site therefore reserves the right to decline fulfillment of orders placed with direct or indirect intentions unknown to the Site, including but not limited to the intention to return placed orders and intentions concerning product comparison.

The content and nature of personalized products available in the Legami product catalogue, including the language, words and spelling of name jewelry, are in no way a representation of the Site's interests or opinions. Legami reserves the right to refuse personalization of jewelry containing but not limited to profane, discriminatory or otherwise offensive language at its sole discretion and without obligation to report the grounds for refusal, should there be any.

COMPARISON PURCHASING

Legami does not allow comparison purchasing, the act of purchasing several items with the intent on returning all or keeping the one that you like.

We do not allow comparison purchasing due to the made to order nature of our products. Consequently, this type of purchasing would create extremely high costs for us as we are forced to discard several items unnecessarily. We disallow comparison purchasing on diamonds as well.

We may be able to offer you several alternate solutions if you aren't sure which product you would like to order. These alternate solutions could include additional information about the product and high quality images.

Please contact us via email or by phone for further assistance.

Legami is here to assist you and ensure that you are completely satisfied with your purchase and online shopping experience. Our dedicated staff will guide you through the return process and is happy to answer any questions you may have regarding how to return your item. Please contact our Customer Service team for support.

INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS

The Materials and Services on this Site, as well as their selection and arrangement, are protected by copyright, trademark, and/or other intellectual property laws, and any unauthorized use of the Materials or Services at this Site may violate such laws and these Terms of Use. Except as expressly provided herein, Legami does not grant any express or implied rights to use the Site, Materials and Services. You agree not to copy, republish, frame, reverse engineer, or create derivative works based on the Site, its Materials, or its Services or their selection and arrangement, except as expressly authorized herein. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site.

In addition to the Materials and Services offered by Legami, this Site also make available materials, information, and services provided by third parties (collectively, the “Third Party Services”). The Third Party Services may be governed by separate license agreements that accompany such services. Legami offers no guarantees and assumes no responsibility or liability of any type with respect to the Third Party Services or products. You agree that you will not hold Legami responsible or liable with respect to the Third Party Services or seek to do so.

Except as expressly indicated to the contrary elsewhere on this Site, you may view, download, and print the Site content for your personal, non-commercial purposes, subject to the following: (a) the content may not be modified or altered in any way; (b) you may not remove any copyright or other proprietary notices contained in the content; (c) Legami reserves the right to revoke the authorization to view and download the content available on this Site at any time, and any such use shall be discontinued immediately upon notice from Legami.

The rights granted to you constitute a license and not a transfer of title. The rights specified above to view the Site content are not applicable to the design or layout of this Site. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

TRADEMARK INFORMATION

The trademarks, logos, and service marks, displayed on this Site are the property of Legami. You are not permitted to use the Marks without the prior written consent of Legami or such third party that may own the Marks.

USER CONDUCT

In using the Site, including all Services and Materials available through it, you agree: not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files; not to create a false identity; not to use or attempt to use another’s account, password, service, or system without authorization from; not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked sites; not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any linked sites.

WARRANTIES AND DISCLAIMERS

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN THE TERMS OF USE OR IN A WRITTEN AGREEMENT BETWEEN YOU AND Legami, THIS SITE, AND ALL MATERIALS AND SERVICES, INCLUDING ALL THE JEWELRY, ACCESSIBLE THROUGH THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. Legami DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, OR ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, Legami MAKES NO WARRANTY THAT (I) THE SITE, SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS; (II) THE SITE, SERVICES AND MATERIALS (INCLUDING THE ACCURACY OF ANY PRODUCT PRICES AND DESCRIPTIONS) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SERVICES OR MATERIALS, INCLUDING PRODUCT DESCRIPTIONS, AND CUSTOMER FEEDBACK WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; AND (IV) THE QUALITY OF ANY SERVICES OR MATERIALS, INCLUDING JEWELRY, OBTAINED OR ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

We may upload to the site content provided to us by our users, including customer reviews and proposal and stories. You understand that while we certainly hope that our users will provide us with accurate information, we do not independently verify such information and cannot guarantee the accuracy of the content provided to us by our users.

You understand and acknowledge that (i) Legami does not control, endorse, or accept responsibility for any content, products (including jewelry), or services offered by third parties through the Site; (ii) Legami makes no representation or warranties whatsoever about any such third parties, their content, products (including jewelry), or services; (iii) any dealings you may have with such third parties are at your own risk; and (iv) Legami shall not be liable or responsible for any content, products, or services offered by third parties.

The use of the Services or the downloading or purchasing of any Materials through the Site is done at your sole discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data, or other harm that results from such activities. Legami assumes no liability for any computer virus or other similar software code that is downloaded to your computer from the Site or in connection with any Services or Materials offered through the Site. No advice or information, whether oral or written, obtained by you from Legami or through or from the Site shall create any warranty not expressly stated in these Terms of Use.

DISCOUNTS AND GIFT CARDS

Promotional or coupon codes can be redeemed on the Site through online checkout. These discounts may only apply to certain items or groups of items. The coupon code is valid for only those items specified in association with the code and expiry dates may apply. Only one coupon code may be used per order, and users redeeming a gift card may not apply a coupon to their gift card purchase. Legami gift cards can only be purchased and redeemed in U.S. dollars.
For security purposes, Legami requires that you provide credit card details when redeeming your gift card. The card will not be charged unless the order total is greater than the amount on the card. Total gift card purchase cannot exceed 1,000 U.S. dollars per order.
Legami gift cards are sent via email, after payment processing has been completed. The gift cards are non-transferrable, cannot be redeemed for cash and cannot be returned for a cash refund. Unused amounts on your Legami gift card will remain intact for future use. If the gift card does not cover the total purchase amount, the customer is responsible for paying the remainder of balance at the time of purchase. Legami is not responsible for lost or stolen gift cards.
Gift cards may be used on the Site via online checkout or phone order, and coupons and discounts cannot be applied to gift card purchases.

PERSONAL INFORMATION AND PRIVACY

You understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of Legami or others. Please refer to our Privacy Policy for more information about the manner in which we protect and use your information.

LIMITATION OF LIABILITY

IN NO EVENT SHALL Legami OR ITS SUBSIDIARIES OR AFFILIATES, AND EACH OF THEIR AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR SUPPLIERS (THE “Legami PARTIES”), BE LIABLE TO YOU FOR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST REVENUES AND OTHER SUCH DAMAGES ARISING FROM ANY TYPE OR MANNER OF COMMERCIAL, BUSINESS OR FINANCIAL LOSS, EVEN IF THE Legami PARTIES HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE.
IN NO EVENT SHALL THE Legami PARTIES’ TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE TERMS OF USE OR YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SITE, MATERIALS OR SERVICES EXCEED THE GREATER OF US$1,000 OR THE AMOUNT RECEIVED BY Legami FROM YOUR TRANSACTIONS WITH Legami ON THE SITE IN THE SIX (6)-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH ANY SUCH CLAIM AROSE.

RISK OF LOSS

All items purchased from Legami or the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

INDEMNITY AND LIABILITY

You agree to indemnify and hold the Legami Parties harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, Materials or Services in violation of these Terms of Use or your violation of applicable law or any rights of another person or entity.

GOVERNING LAW

The Terms of Use and any dispute or claim arising out of or relating in any way to the Terms of Use or your access to or use of the Site, Materials or Services, including, but not limited to, the validity, applicability or interpretation of the Terms of Use, shall be governed by and construed and enforced in accordance with the United States Federal Arbitration Act, other applicable federal laws and the laws of the State of Arizona, without regard to conflict of laws principles.
The United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to the Terms of Use.

BINDING ARBITRATION AND CLASS ACTION WAIVER

ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THE TERMS OF USE OR YOUR ACCESS TO OR USE OF THE SITE, MATERIALS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, THE VALIDITY, APPLICABILITY OR INTERPRETATION OF THE TERMS OF USE, SHALL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.

The arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority and jurisdiction to resolve any disputes relating to the enforceability, interpretation, applicability, arbitrability or formation of all or any part of these Terms of Use, including, without limitation, any claim that all or any part of these Terms of Use is void, voidable, unenforceable or not arbitrable.

The arbitration will be conducted by the American Arbitration Association (AAA) under its then-applicable rules, including (as appropriate) its Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at http://www.adr.org/. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.

The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that the hearing will be conducted in the County and State of New York or the city within the United States in which you reside. The decision of the arbitrator shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.

WE EACH AGREE THAT ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THE TERMS OF USE OR YOUR ACCESS TO OR USE OF THE SITE, MATERIALS OR SERVICES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR ARBITRATION.
IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK OR, IF FEDERAL JURISDICTION IS NOT AVAILABLE, A COURT OF COMPETENT JURISDICTION IN THE COUNTY AND STATE OF NEW YORK.
YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH PROCEEDING.

Notwithstanding anything to the contrary, you and Legami may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect our intellectual property rights, whether in aid of, pending or independently of the resolution of any dispute pursuant to the arbitration procedures set forth above.

GENERAL

The Terms of Use and the other rules, guidelines, licenses and disclaimers posted on the Site constitute the entire agreement between Legami and you with respect to your use of the Site.
If for any reason an arbitrator or court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.
Any failure by Legami to enforce or exercise any provision of these Terms of Use or related right shall not constitute a waiver of that right or provision.

If you have any questions or comments about these Terms of Use or the Site, please contact us by e-mail at CONTACT@LEGAMIJEWELRY.COM