Terms of service

OVERVIEW
Welcome to Mianela Jewelry! The terms "we," "us" and "our" refer to Mianela Jewelry. Mianela Jewelry operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, as a customer, with a personalized shopping experience (the "Services"). Mianela Jewelry is a store powered by Shopify, which enables us to provide the Services to you.

The Terms and Conditions below, together with any policies referenced herein (the "Terms of Service" or "Terms") describe your rights and responsibilities when using the Services.

Please read these Terms of Service carefully, as they contain important information about your legal rights, and cover areas such as disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and by our Privacy Policy [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you must not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you agree to allow any of your minor dependents to use the Services on devices that you own, purchase or otherwise manage.
To use the Services, including to access or browse our online stores, or to purchase any of the products or services we offer, you may be asked to provide certain information such as your email, billing and payment and shipping information. You represent and warrant that all information you provide in our stores is correct, current and complete, and that you have all necessary rights to provide such information.
You are solely responsible for maintaining the security of your account credentials and for all activity on your account. You may not transfer, sell, assign or delegate your account to anyone else.

SECTION 2 – OUR PRODUCTS
We have made every effort to display as accurately as possible the products and services in our online stores. However, please note that colors or the appearance of products may differ from how they appear on your screen, depending on your device type, and your device's settings and configuration.
We do not warrant that the appearance or quality of any products or services you purchase will meet your expectations, or that it will be the same as what is depicted or rendered in our online stores.
All product descriptions are subject to change at any time without notice, in our sole discretion. We reserve the right to discontinue any product at any time and to limit the quantities of any products that we offer, to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase. Mianela Jewelry reserves the right to accept or decline your order for any reason at our discretion. Your order is not accepted until Mianela Jewelry confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as Mianela Jewelry may not be able to accommodate cancellation requests after an order has been accepted. In the event that we do not accept, modify or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made.
Your purchases may only be returned or exchanged in accordance with our Refund Policy [LINK].
You represent and warrant that purchases made by you are for personal or household use and not for commercial resale or export.

SECTION 4 – PRICING AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Posted prices do not include taxes or shipping and handling charges unless stated otherwise.
Prices displayed within our online stores may be different from prices offered by other retail outlets or in online stores operated by other third parties. We may from time to time offer promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that: (i) the credit card information you supply is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 – SHIPPING AND DELIVERY
We are not liable for delays in shipping and delivery. All shipping times are estimates and are not guaranteed. We are not responsible for delays caused by carriers, customs processing, or events beyond our control. Once we transfer the products to the carrier, title and risk of loss pass to you.

SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to any registered and unregistered trademarks, service marks, text, displays, images, graphics, product reviews and video and audio, and the design, selection and arrangement thereof, are owned by Mianela Jewelry, its affiliates or licensors and is protected by U.S. and international copyright, trademark, patent, and other intellectual property or proprietary rights laws.
The Terms permit you to use the Services for your own personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any material from our Services without our prior written consent. Except as expressly stated herein, nothing in these Terms shall be construed as conferring any license or other rights to you under any patent, trademark, copyright or other intellectual property of Mianela Jewelry, Shopify or any third party. Unauthorized use of the Services may violate applicable federal and state intellectual property laws. All rights not expressly granted herein are reserved by Mianela Jewelry.
Mianela Jewelry's names, logos, product and service names, designs, and slogans are trademarks of Mianela Jewelry or its affiliates or licensors. You must not use such marks without our prior written permission. Shopify's name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be considered part of the Services and will be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access such third-party materials or sites, you do so at your own risk.
We are not liable for any harm or damages related to your access to third-party websites, or your purchase or use of third-party products, services, resources or content. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY
[MERCHANT NOTE: This section accurately describes the relationship between Shopify and your store and should not be removed or modified].
Mianela Jewelry is powered by Shopify, which enables us to provide the Services to you. Sales and purchases made through our Store, however, are directly between you and Mianela Jewelry. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and Mianela Jewelry, including any harm, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from any and all claims, damages, and liabilities arising from or related to your purchases and dealings with Mianela Jewelry.

SECTION 10 – PRIVACY POLICY
Any personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may also be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
As the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services to provide and improve the Services. Information you submit to the Services will be sent to and shared with Shopify and third parties who may be in other countries than the one in which you reside, in order to provide Services to you. Please review our privacy policy [LINK] for further details on how we, Shopify and our respective partners use your personal information.

SECTION 11 – FEEDBACK
If you submit, upload, post, email, transmit or otherwise provide ideas, suggestions, feedback, reviews, proposals, plans, or other materials (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, fully paid-up and royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium and for any purpose whatsoever, including commercial purposes. We may, for example, use the rights granted under this license to operate, provide, improve, evaluate, enhance and promote the Services, and to fulfil our obligations and exercise our rights under these Terms of Service.
You further represent and warrant that: (i) you own or otherwise have all necessary rights to the Feedback that you provide; (ii) you have disclosed any compensation or incentive received in relation to your submission of Feedback; and (iii) your Feedback will comply with these Terms. We have no obligation to (1) keep any Feedback confidential; (2) pay compensation for any Feedback; or (3) respond to any Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party's intellectual property rights or these Terms of Service.
You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 13 – PROHIBITED USES
You may only use the Services for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any unlawful or fraudulent purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against any of our employees or any other person; (e) to submit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate another person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Mianela Jewelry, Shopify or users of the Services or expose them to liability.
Additionally, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services, any related website, other websites, or the Internet. We reserve the right to suspend, disable or terminate your account at any time without notice if we believe you have breached any part of these Terms.

SECTION 14 – TERMINATION
These Terms of Service are effective unless and until terminated by either you or us. We may terminate this agreement or your access to the Services (or any part or content thereof) at any time, without notice, for any reason, in our sole discretion, and you will remain liable for all amounts due up to and including the date of termination.
The following sections shall survive termination for any reason: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision that by its nature should survive termination.

SECTION 15 – DISCLAIMER OF WARRANTIES
The information on or provided through the Services is provided for general informational purposes only. We make no warranties as to the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability arising from your, or any other visitor to the Services, or anyone who may be informed of its contents, reliance on such materials.
EXCEPT AS EXPRESSLY SET OUT BY Mianela Jewelry, THE SERVICES AND ALL PRODUCTS PROVIDED TO YOU THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

SECTION 16 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO CASE SHALL Mianela Jewelry, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY OR ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Mianela Jewelry, Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any loss, damage, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to or use of the Services.
We will notify you of any indemnifiable claim, and failure to promptly notify you shall not relieve you of your obligations hereunder except to the extent you are materially prejudiced thereby. We may control the defense and settlement of any indemnifiable claim at your expense, including the choice of counsel, but we will not settle any claim that requires non-monetary obligations from you without your consent, which shall not be unreasonably withheld. You agree to cooperate in the defense of any indemnified claims, including by providing relevant documents.

SECTION 18 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 19 – WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 20 – ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any attempted delegation, transfer or assignment without such consent will be void. We may transfer, assign or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 21 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the jurisdiction in which Mianela Jewelry is domiciled. You and Mianela Jewelry agree to submit to the personal and exclusive jurisdiction of the courts located within that jurisdiction.

SECTION 22 – HEADINGS
Headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 23 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms as required by applicable law, and such changes will become effective as of the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 24 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at contact@mianelajewelry.fr Our contact information is posted below:

MIANELA JEWELRY

60, rue François 1er, 75008 Paris
SIRET: 91044152600027