Terms and Conditions

TERMS AND CONDITIONS

ANY PARTICIPATION IN THIS SITE WILL CONSTITUTE ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THE ABOVE, PLEASE DO NOT USE THIS SITE.

GENERAL

I have made every effort to display as accurately as possible the colors of our products that appear on the website. However, as the actual colors you see will depend on your monitor, and cannot be guaranteed that your monitor’s display of any color will accurately reflect the color of the product on delivery. All products are handcrafted so there may be some variations in the actual product received.

Packaging of the product may vary from the packaging of the product displayed in the website.

All products are subject to availability. We reserve the right to limit the quantity of products we supply, supply only part of an order or to divide up orders. We will inform you if we are unable to fill your order.

Prices on the website are subject to change without notice, and can vary from piece to piece, and from time to time, depending on the price of raw materials at the time of production. Gold, Silver and precious stones are commodities, with market fluctuations beyond our control. Occasionally, a piece will sell, and then be recreated at a later date with a difference in price. This simply reflects the market value of the raw materials, and does not mean that we have increased our mark-up.

You acknowledge and agree that these Terms and Conditions, which include our Privacy Policy, constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.

If you place an order, you will have to provide personal information to us.

We collect information about you during the checkout process on our store.

What we collect and store

While you visit our site, we’ll track:

Products you’ve viewed: we’ll use this to, for example, show you products you’ve recently viewed
Location, IP address and browser type: we’ll use this for purposes like estimating taxes and shipping
Shipping address: we’ll ask you to enter this so we can, for instance, estimate shipping before you place an order, and send you the order!

We’ll also use cookies to keep track of cart contents while you’re browsing our site.

When you purchase from us, we’ll ask you to provide information including your name, billing address, shipping address, email address, phone number, credit card/payment details and optional account information like username and password. We’ll use this information for purposes, such as, to:

Send you information about your account and order
Respond to your requests, including refunds and complaints
Process payments and prevent fraud
Set up your account for our store
Comply with any legal obligations we have, such as calculating taxes
Improve our store offerings
Send you marketing messages, if you choose to receive them

If you create an account, we will store your name, address, email and phone number, which will be used to populate the checkout for future orders.

We generally store information about you for as long as we need the information for the purposes for which we collect and use it, and we are not legally required to continue to keep it. For example, we will store order information for XXX years for tax and accounting purposes. This includes your name, email address and billing and shipping addresses.

We will also store comments or reviews, if you choose to leave them.

Who on our team has access

Members of our team have access to the information you provide us. For example, both Administrators and Shop Managers can access:

Order information like what was purchased, when it was purchased and where it should be sent, and
Customer information like your name, email address, and billing and shipping information.

Our team members have access to this information to help fulfill orders, process refunds and support you.

What we share with others

We share information with third parties who help us provide our orders and store services to you; for example —

Payments

We accept payments through PayPal. When processing payments, some of your data will be passed to PayPal, including information required to process or support the payment, such as the purchase total and billing information.

Please see the PayPal Privacy Policy for more details.

If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.

If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.

When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.

If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.

ORDERING GOODS ONLINE

You warrant to us that all information which you are required to provide when ordering Goods online is accurate and complete in all respects at the time of the order and that this information relates to you/the person placing the order and not to any third party. When an order is made online, the order confirmation issued by the company clearing the credit/debit card payment does not constitute acceptance of your order by us. We reserve the right to check any discrepancies and an order will only be confirmed when it is verified by us. Any error in any ordering process due to technical or other reasons beyond our control entitles us not to treat the order as being binding on us.

SET GOVERNING LAWS

These terms and conditions are governed by the laws of the United States of America and the laws of the State of Virginia, and you and we agree to use the Virginia jurisdiction if there is any dispute between us. If any part of this Site Disclaimer is found to be invalid by law, the rest of them remain valid and enforceable.

ACCURACY OF INFORMATION

We attempt to be as accurate as possible when describing our products on the Site; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors or other content available on the Site are accurate, complete, reliable, current, or error-free.

TERMINATION CLAUSE

Users accounts on your website (or their access to your website, if they don’t have an account) can be terminated in case of abuses. If abuses happen on your website or mobile app, e.g. spamming, swearing etc.

RESTRICTIONS ON USE

Except as expressly permitted, you agree not to use the Site for sale, trade or other commercial purposes, and, you may not modify, copy, publish, display, transmit, adapt or in any way exploit the Content on the Site.

You agree not to use the Site to provide information which is incomplete, false, inaccurate and not your own; engage in criminal activity or otherwise give rise to conduct that may violate the law or fail to comply with accepted internet protocol; attempt to interfere in any way with the Site or the Site’s security or to sue the Site’s service to gain unauthorized access to any other computer system. The products and services available on the Site, and any prizes thereof we may provide to you, are for personal use only.

We reserve the right, with or without notice, to cancel or reduce the quantity of any orders that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.

Customers below the age of 21 are to seek parental consent prior to making any online purchases.

Please also refer to other additional policies related to orders placed through this Site (such as order processing, shipping and handling, returns and exchanges).

WARRANTIES AND LIABILITY

The site is presented “as is.” We make no representations, warranties statements or guarantees (whether express, implied in law or residual) regarding the website, over our system. The information contained on the website, you or your company’s personal information or material and information transmitted of any kind whatsoever, express or implied, in connection with these terms and conditions or the site, including but not limited to warranties of merchantability, non- infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.

We warrant to you that the Goods ordered by you will meet the description as shown on our website (or any other description given to you in writing).
We will not have any responsibility for any damage, which occurs to the Goods after delivery.
We do not accept any responsibility for any wear and tear, accidental damage or failure by you or by any third party to adhere to any written recommendation provided in relation to the Goods.
Liability to you for loss or damage under no circumstances must exceed in the total amount you have paid us for those Goods. (However, we acknowledge that we cannot exclude legal liability for death or personal injury, which is proved to be due to our negligence).
We take no responsibility for any loss or damage suffered as a result of our “order online” service, or goods supplied using it, except as required by law, even if we could have foreseen the loss, or the possibility of it was brought to our attention.
We take no responsibility for access delays or access interruptions to the site.
We take no responsibility for computer viruses, system failures or malfunctions which may occur in connection with your use of the site, including during hyperlink to or from third party web sites.
We take no responsibility for data non-delivery, misdelivery, corruption, destruction or other modification.
We take no responsibility for any inaccuracies or omissions in content or events beyond our reasonable control.
We take no responsibility or liable (whether in contract, tort or otherwise), under any circumstances, for any (a) interruption of business.

INDEMNIFICATION

You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand resulting from your use of the Site. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

DISPUTES

With respect to any dispute regarding the Site, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of the United States, as if the Terms and Conditions were a contract wholly entered into and wholly performed within the United States. Any dispute relating in any way to your visit to the Site shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors, we may seek injunctive or other appropriate relief in any court and you consent to exclusive jurisdiction and venue in any such court.

YOUR OBLIGATIONS AND RESPONSIBILITY

You shall not use the website in any way that will damage it or interrupt its provision. In the access or use of the Site, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Site. You may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. You shall not use the website to transmit or post any computer viruses. We cannot guarantee that the website is free from computer viruses, and you should take your own precautions in this respect.

Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions (including our Privacy Policy), you shall be liable for all the losses and damages that this may cause to “Mita Gem LLC ”, our affiliates, partners or licensors.

We will try to make sure that the website is always available. However, this is not always possible, and we are not liable if the website is unavailable.

We reserve the right to refuse service and/or terminate accounts without prior notice if you violate these Terms and Conditions or if we decide, in our sole discretion, that it would be in “Mita Gem LLC” best interests to do so.

SUBMISSIONS

It is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with regard to unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas or other information you provide us (collectively, “Submissions”) will be treated as non-proprietary and non- confidential. Subject to the terms of our Privacy Policy, by transmitting or posting any Submission, you hereby grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute and display any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your Submission may not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.

If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission.

DISCLAIMER

The information on this website is provided in good faith. To the best of our knowledge the information is accurate and current. Mita Gem LLC do not make any warranty as to the accuracy and completeness of the information on the website and that any products or services will meet your requirements. Mita Gem LLC reserve the right to change any detail on the website at any stage, including prices. We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site constitutes your agreement to all such terms and conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.

Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.

If you do not wish to be governed by the revised Site Disclaimer, please stop using the website.

Mita Gem LLC owns the copyright to all the contents of this website, including images. All trademarks and other intellectual property are owned or licensed by us (unless otherwise specified).

You may not copy, reproduce, distribute, republish, duplicate, access, download, display, post, modify, resale, transmit, or otherwise exploit in whole or in any part of the website without prior written consent from us (except as stated below).

You may print or download any page(s) for your own personal and non-commercial use only. If you have any doubts about what you can do, please go to our contact us page to apply for permission to reproduce the content.

While our website is as accurate as possible, we cannot accept responsibility for any inaccuracies or errors beyond our reasonable control. We cannot guarantee that colors in our images will be rendered correctly on different computer monitors.

All content available on the Site, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation thereof (collectively, the “Content”) is the property of “Mita Gem LLC ” our affiliates, partners or licensors, and is protected by national and international copyright laws.

Logo credit: “http://logomakr.com” title=”Logo Maker”>Logo Maker</a>

ALL PRICES QUOTED ARE IN US DOLLARS.

LINKED SITES

We are not responsible for the content of any off-Web site pages or any other Web sites linked to or from the site, no inference or assumption should be made and no representation should be implied that Mita Gem LLC is connected with, operates or controls these web sites. Mita Gem LLC is not responsible for the content or practices of third party Web sites that may be linked to this Site. This Site may also be linked to other Web sites operated by companies affiliated or connected with Mita Gem LLC. Links appearing on the Site are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-Web site pages or other Web sites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Web site pages or any other Web sites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and Web sites, including, without limitation, their privacy policies and terms and conditions. When visiting other web sites, you should carefully review the terms and conditions and privacy policies of all off-Web site pages and other Web sites that you visit and not rely on this Agreement.

PAYMENT POLICY

We currently accept payments by Paypal. Payment will be debited and cleared from your account upon order confirmation. In filling out the payment requirements, you confirm that you are an authorized user of the credit/debit card. All credit/debit cardholders are subject to validation checks and authorization by the card issuer.

If the issuer of the credit/debit card rejects authorization of payment to Mita Gem LLC, we will not be held liable for any delay or non-delivery.

SHIPPING POLICY

We will give you an estimated delivery date for the Goods but no times or dates provided by us are guaranteed. We will arrange for packing and we will decide on the method of delivery either by post, courier or otherwise. You must notify us promptly and in any event within 48 hours or receipt of any Goods if they appear to be damaged in transit. In those circumstances, you must also keep all packaging, as this may be required when making a claim. Due to COVID-19 further delay may occur.

Turnaround

All orders are shipped within 48 hours. Due to COVID-19 further delay may occur.

Carriers

We use the following carriers to deliver our orders:

USPS

Order Tracking

If a tracking # is provided by the shipping carrier, we will update your order with the tracking information. Please note that some orders using 1st Class USPS mail will not have tracking numbers.

Shipping Rates

The rate charged for the shipping of your order is based on the weight of your products, and your location. Before the final checkout page you will be shown what the cost of shipping will be, and you will have a chance to not place your order if you decide not to.

Back Orders

If an item goes on back order we will ship you the part of your order that is in stock. When the item becomes available we will ship you the rest of your order. You will not be charged any additional shipping and handling for the second shipment.

RETURN/REFUND/EXCHANGE POLICY

We do not accept returns or offer refunds. We may offer exchanges under limited circumstances. If item arrived damage customer must email with their concern within 15 days of receiving items for an exchange. Any items returned without prior notice in writing will not be accepted.

Items should be returned in their original packaging to ensure they are adequately protected in transit.
Item that has been worn, used, or altered will not be accepted for return or exchange.
You must take reasonable care of all Goods in your possession and return them to us, appropriately packaged to avoid damage. We reserve the right to arrange collection, in which case you will be responsible for collection charges.
In the case of Goods which are made and supplied to your specification or which have been personalized for you, you will not have the right to cancel the Contract.
Items should be returned new, unused, and with all the tags with original package still attached. Returns that are damaged or soiled will not be accepted and may be sent back to the customer.
Items which have been customized or altered to meet customer specifications can not be returned.
You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable.
If you are shipping an item over $50, you should consider using a traceable shipping service or purchasing shipping insurance.

How to return:

Please email mymitagem@gmail.com .

Include in your package a signed letter stating the reason for your return and exchange and the original receipt.
Ship it to 25 Catoctin Cir SE #4179, Leesburg, VA 20175