Charms – ålfabeads [energy jewelry]

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Last Updated: 10/10/2021

Before making an online purchase on our website www.alfabeads.com (“alfabeads", "site", “we", “us” or “our"), please read these Terms and Conditions carefully ("Terms of Sale"). By purchasing products through the Website, you agree to comply with these Terms and Conditions. If you do not accept all the terms and conditions specified in these Terms of Sale, please refrain from purchasing any products through the Site.
Please note that we may change these Terms of Sale at any time and at our sole discretion. If we make any changes to these Terms of Sale, we will post the updated Terms of Sale on the Website and update the date of the “Last Update" above. We recommend that you read these Terms of Sale before making any purchase through the Site to ensure that you are familiar with the applicable terms and conditions.

1. Availability & Pricing
We reserve the right to limit the quantity, reject orders or discontinue production of goods without prior notice, even if an order has already been placed, due to availability issues. In this case, you will be asked to replace the missing product and/or refund the money you paid for the product or part of it, depending on the outcome of solving this situation.

All prices quoted are in US dollars and are subject to additional charges such as applicable taxes. Prices are subject to change without prior notice. If you placed an order before the price change, then these goods will be sold at the price determined by us at the time you place the order.

2. Taxes
It is your responsibility to pay any Taxes related to your purchase of items through the Site, including sales, use, duty, or other governmental taxes or fees ("Taxes"). We may collect applicable Taxes if we are required to do so. At checkout, we will provide an estimated amount of Taxes to be collected, unless the price already includes Taxes, as clearly stated in writing. The actual amount of Taxes charged may differ from the estimated amount due to factors like differences between processor programs or changes in Tax rates. We reserve the right to adjust the amount of Taxes charged accordingly.

3. Payments
By providing a payment method accepted by us, such as a credit card, you confirm that you have authorization to use the payment method and allow us (or our third-party payment processor) to charge the total amount of your order, including any applicable Taxes and charges. If the payment method cannot be verified or is not acceptable, your order may be cancelled or suspended. You are responsible for resolving any issues we encounter to proceed with your order.

4. Mail Shipping & Local Delivery
When you make a purchase, you agree to pay for Mail Shipping ("Shipping") and Local Delivery ("Delivery") at the prices set by us and within the conditions set by us, as well as the relevant taxes. We reserve the right to change the cost of Mail Shipping and Local Delivery, for example, to increase, decrease, add or cancel it, but we will inform you of any changes that apply to your purchase before you complete it. The estimated shipping or delivery dates and times specified during the order process are only approximate and do not guarantee delivery of the product(s). We have the right to change the Delivery or Shipping method at our discretion without restrictions in the choice of grounds.

Unless otherwise specified, the risk of loss or damage to the goods passes to you after its delivery to the place of delivery specified by you. If you have any questions related to delivery, please contact support@alfabeads.com. For more information about the cost of delivery of their types and conditions, please refer to our page Shipping & Delivery Policy.

5. Exchange & Return
Our goal is for you to be completely satisfied with the products you purchase from us. If you are not satisfied with any product purchased through the Site, you may exchange or return it by following the instructions outlined on the Exchange Policy and Return Policy pages, which is an part of these Terms & Conditions.

6. Errors
Our goal is to maintain accuracy and eliminate errors on our Site, but we cannot guarantee that the product descriptions, pricing, or other information on the Site is entirely accurate, comprehensive, dependable, up-to-date, or without errors. Should an error arise, we reserve the right to rectify the mistake and adjust your order as needed (including applying the accurate price) or to cancel your order and issue a refund for any charged amount.

7. Privacy Policy
We understand and respect your privacy concerns. We want to ensure transparency regarding the collection, use and sharing of personal information that we collect from users of our website, www.alfabeads.com . We describe in detail all the privacy conditions and measures we take to ensure the security of this information, as well as how to contact us about our privacy policy. Detailed information is provided on the Online Privacy Notice page. Online privacy notice is an integral part of these Terms of Sale.

8. Liability Disclaimer. Limitation of Liability

You assume full responsibility for using the products purchased through the Site, which are provided "as is" and "as available," without any guarantee, express or implied, other than those specified in the Guarantee Policy. This includes, but is not limited to, implied guarantee of merchantability, fitness for a particular purpose, title, and non-infringement.

You acknowledge and agree that, to the maximum extent permitted by applicable law, Spiritual Manufacture LLC and its officers, CEO, directors, agents, partners, and employees (collectively, "Spiritual Manufacture LLC Parties") shall not be held liable for any indirect, consequential, incidental, or special damages or lost profits arising from or in any way related to these Terms of Sale or your use or inability to use any products purchased through the Site. This includes, without limitation, any damages resulting from your reliance on any information or products obtained from us, even if Spiritual Manufacture LLC or any of its parties have been advised of the possibility of such damages. You also agree that the total liability of Spiritual Manufacture LLC Parties in connection with the products purchased through the Site and these Terms of Sale shall not exceed the amount you actually paid to Spiritual Manufacture LLC for the purchased products. The limitations in this section do not apply to liability for personal injury or property damage directly caused by the products purchased from us through the Site, gross negligence, fraud, or intentional misconduct by any Spiritual Manufacture LLC Parties, or any other situations where liability cannot be excluded or limited under applicable law.

You acknowledge and agree that the stones and other materials used in our products, as well as the energy properties of the stones described on the Site, are not medical products, and Spiritual Manufacture LLC does not guarantee that you will achieve results consistent with the descriptions of the energy properties of the products or stones. You understand and agree that the energy, healing properties, and effectiveness of the stones have not been scientifically proven and do not guarantee specific outcomes. You also acknowledge that the products featured on the Site are not intended for infants or children under 16 years of age.

9. Dispute Resolution. Binding Arbitration
Rather than litigating in court, you agree that any disputes arising from these Terms of Sale, your purchase of an item through the Site, or items bought from us will be resolved through confidential arbitration in Los Angeles, California. Any arbitration under these Terms of Sale will be conducted in accordance with the prevailing rules of the American Arbitration Association. The arbitration process differs from court proceedings, as there is no judge or jury, and the scope of review is limited. An arbitrator can, however, award the same damages and relief as a court, and must adhere to the same limitations stated in these Terms of Sale. The arbitrator's decision will be binding and can be entered as a judgment in any court with competent jurisdiction. To the fullest extent permitted by applicable law, all arbitrations will be conducted on an individual basis. The arbitrator is authorized to resolve the dispute with the same remedies available in court; however, any relief must be individualized to you and cannot impact other customers. You and Spiritual Manufacture LLC agree that claims against each other can only be brought in arbitration in your or their respective individual capacities. By doing so, you waive the right to a trial by jury, to initiate or participate in a class action lawsuit or class action arbitration (either as a named plaintiff or class member), and to initiate or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind.

10. Severability
Should any provision or portion of a provision within these Terms of Sale be deemed unlawful, void, or unenforceable, such provision or portion of the provision will be considered severable from these Terms of Sale, without impacting the validity and enforceability of the remaining provisions.

Terms and Conditions for User-Generated Content

October 10, 2021

Spiritual Manufacture LLC and/or its affiliates (collectively, "Spiritual Manufacture LLC") own, manage, and/or sponsor various web properties, including alfabeads.com, Facebook, Instagram, Twitter, LinkedIn, TikTok, and others, which allow users ("you" or "User") to submit, upload, or publish different types of content (collectively, "Spiritual Manufacture LLC Web Properties").

Spiritual Manufacture LLC employs a limited number of service providers to facilitate the collection and transfer of user-generated content (as defined below) to and from alfabeads.com for Spiritual Manufacture LLC's business purposes, such as product features, marketing, promotional events, advertising, and other consumer-related activities ("SM Services").

Spiritual Manufacture LLC and SM Services may request Users' permission to feature their user-generated content on various websites, social media channels, and/or promotional materials. By responding with the hashtag #alfabeadsjewelry (in any form of its writing), you grant Spiritual Manufacture LLC permission to use your user-generated content, and you represent and warrant that you have read, understood, and agreed to these User-Generated Content Terms of Use ("UGC Terms") and Spiritual Manufacture LLC's Online Privacy Notice.

Spiritual Manufacture LLC reserves the right to modify these UGC Terms without prior notice by publishing updated UGC Terms. Therefore, you should review the UGC Terms each time you grant permission for your user-generated content to be featured.

Guidelines
When you submit, upload, share, or otherwise provide data, text, images, videos, messages, or other materials, including but not limited to your name, location information, social media handle, and profile photos ("User Content") on or to any of Spiritual Manufacture LLC Web Properties, you are solely responsible for such User Content. This means that you, and not Spiritual Manufacture LLC, bear full responsibility for all User Content that you post on any of our Web Properties. By using our Web Properties, you acknowledge that the views and opinions expressed may not necessarily represent the opinions of Spiritual Manufacture LLC. You agree not to engage in, or assist or encourage others to engage in, submitting, uploading, sharing, or otherwise providing on any of our Web Properties any User Content that: is or encourages activity or conduct that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or otherwise objectionable; is known by you to be false, inaccurate, or misleading; you were compensated for in any way by any third party; contains restricted or hidden content; or infringes any patent, trademark, copyright, trade secret, right of publicity, or other proprietary rights of any party.

Spiritual Manufacture LLC reserves the right to remove, modify, and/or block any offensive or inappropriate content that may violate the rights of others or violate any of our Web Properties' terms of use. You acknowledge that Spiritual Manufacture LLC has the right, though not the obligation, in its sole discretion to refuse to post or to remove any User Content.

You understand that by using our Web Properties, you may be exposed to User Content that is offensive, indecent, or objectionable to you. Under no circumstances will Spiritual Manufacture LLC be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by any person in connection with any User Content.

Without limiting the generality of the foregoing or any other provision of these User Content Terms, Spiritual Manufacture LLC reserves the right to terminate access to submit User Content to our Web Properties without prior notice for any user who violates these User Content Terms and infringes the rights of others. Please note that any such termination will not affect your ability to make purchases, returns, or otherwise interact with the services our Site provides.

Privacy Policy
All users of our Web Properties agree that their access to, and use of, any of our Web Properties is subject to these User Content Terms, the Privacy Policy of Spiritual Manufacture LLC (which can be found here), and all applicable laws. Any such access or use is undertaken at the user's own risk.

The User Content that you submit will be treated as non-confidential and non-proprietary, and Spiritual Manufacture LLC has no obligation to maintain the confidentiality of any information, in whatever form, contained in any submission, except pursuant to Spiritual Manufacture LLC Privacy Policy. By using our Web Properties or associated services, you consent to the collection of any personal information you provide for use and disclosure in connection with our use of your User Content as described in these User Content Terms.

User Content License
By uploading, posting, e-mailing or otherwise submitting User Content to any of the Spiritual Manufacture LLC Web Properties and responding with #alfabeadsjewelry (in any form of its writing), you agree to grant an irrevocable, perpetual, non-exclusive, royalty-free, worldwide license to Spiritual Manufacture LLC and its partners, contractors, subcontractors, consultants, agents, representatives, successors and assigns (collectively, the “Licensed Parties”) to use, telecast, copy, perform, display, transmit, reproduce, edit, distribute, copy, edit, change, modify, add to, subtract from and otherwise exploit the User Content or any portion thereof, in any manner (including without limitation for promotional and advertising purposes) and in any and all media now known or hereafter devised. This grant includes the right to prepare derivative works of, or incorporate into other works, such User Content and to grant and authorize sublicenses of the foregoing, without any compensation to you or to any third party. You understand that you waive any rights you have in having the material altered or changed in a manner not agreeable to you.

In exchange for the opportunity for your User Content to be featured on Spiritual Manufacture LLC Web Properties and for other good and valuable consideration, you also agree to grant the Licensed Parties the right to use your username, real name, image, likeness, descriptions of you, location or other identifying information, including but not limited to your voice, solely in connection with the use of your User Content. However, the Licensed Parties have no obligation to use your User Content, name, or other identifying information. You also agree to release, discharge, and hold the Licensed Parties harmless from any liability related to the Licensed Parties' use of your User Content.

You acknowledge that your User Content will not be returned and that the Licensed Parties reserve the right to cease use of any User Content at their sole discretion. You also grant Spiritual Manufacture LLC the right to use your User Content, and any ideas, concepts, or know-how contained therein, without attribution or payment of any form of consideration, for any purpose including, without limitation, marketing, promotional activities, advertising, or for publicity, trade, or commercial purposes.

Representations and Warranties
By granting permission to use your User Content and responding with #alfabeadsjewelry (in any form of its writing), you represent and warrant that:
You are of legal age to enter into this agreement in the jurisdiction in which you reside;
You own or control the rights to the User Content, and it is your original creation that has not been copied, recreated, reproduced, previously published, derived from, or otherwise taken in whole or in part from any other work;
You have all necessary rights and authority to grant the rights herein, and that Spiritual Manufacture LLC use of your User Content in accordance with this release will not infringe upon or violate the intellectual property, privacy or publicity rights, or any other legal or moral rights of any third party;
You have obtained written permission from any individual(s) appearing in your User Content to grant the rights described in these UGC Terms, and you shall provide such documentation to Spiritual Manufacture LLC promptly upon request;
The User Content complies with these UGC Terms and does not violate any applicable laws or regulations;
You agree to indemnify the Licensed Parties for all claims arising from or in connection with your User Content;
You further agree to indemnify and hold Spiritual Manufacture LLC and its officers, directors, and employees (collectively, the "Releasees") harmless from any and all claims by any third party against any of the Releasees (and related damages, expenses, costs (including reasonable attorney’s fees), liabilities, verdicts, judgments, and settlements) arising out of the use of your User Content or any breach of these representations or warranties; and
You hereby release the Releasees from, and irrevocably waive, any and all claims that the Licensed Party’s use of your User Content in accordance with these UGC Terms infringes or violates any of your rights.

Intellectual Property
At Spiritual Manufacture LLC, we respect the intellectual property rights of others, and we expect all users to do the same. If you believe that your copyrighted work has been reproduced on our site without authorization in a way that constitutes copyright infringement, you may contact our legal department by sending an email to support@alfabeads.com(#legal). This contact information is solely for reporting suspected copyright infringement. For other inquiries, please refer to the contact information provided elsewhere on the Spiritual Manufacture LLC Sites or visit www.alfabeads.com.

Please note that any personal information you provide in your email will be used solely for purposes related to your email.

Miscellaneous
The trademarks of Instagram™, Twitter™, Facebook™, YouTube™ and other similar social media platforms are the property of their respective owners and are not affiliated with alfabeads.com or Spiritual Manufacture LLC. Any submission made through these or other similar social media sites is subject to their respective rules and regulations. If you choose to submit User Content via mobile phone, standard data rates may apply. The terms and conditions of the social media platform where the User Content is posted govern any publicly accessible User Content.

To the fullest extent permitted by applicable law, Spiritual Manufacture LLC, or any other party involved in creating, producing, or delivering the Spiritual Manufacture LLC Web Properties, shall not be liable for any direct, indirect, incidental, consequential, special, or punitive damages, including lost profits arising out of your access to or use of any of the

Spiritual Manufacture LLC Web Properties. Even if Spiritual Manufacture LLC has been advised of the possibility of such damages, everything on the Spiritual Manufacture LLC Web Properties is provided "as is" without any warranty of any kind, either express or implied, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

You agree not to post any content or mechanism that attempts to gain access to restricted areas of any of the Spiritual Manufacture LLC Web Properties, collect or solicit passwords or personal information from other users, or engage in commercial activities through any of the Spiritual Manufacture LLC Web Properties.

Moreover, you agree not to transmit, upload, post, email, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation, or promotional material, including chain letters, mass mailings, or any form of spam. You further agree not to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; intentionally or unintentionally violate any applicable local, state, national or international law, or collect or store personally identifiable data about other users.

Although Spiritual Manufacture LLC strives to make the Spiritual Manufacture LLC Web Properties safe and positive places, they are public forums, and other users may try to obtain personal information about you to harass or injure you. By using the Spiritual Manufacture LLC Web Properties, you acknowledge and agree that Spiritual Manufacture LLC is not responsible for others' misuse of information publicly disclosed on any Spiritual Manufacture LLC Web Property. Please select the type of information that you post or share carefully, and report any abuses to us by contacting support@alfabeads.com.

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