Terms of service


Terms and Conditions of Use

March 27, 2023

Welcome to https://livingpearl.shop/, as operated by LivingPearl. These are our rules if you want to use our website and the services or products available from our website. If you do not agree to these rules, you cannot use our site. We can change these rules whenever we want and will post the new rules on our site. We have intentionally written them in a way that avoids legalese so that everyone can clearly understand and agree to the rules and understand their rights and responsibilities. 

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.


Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.


Any new features or tools which are added to the current store shall also be subject to the 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 to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.


Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. We hope there won’t be any problems and that you will reach out to us if you are having issues with our site, service, or products. 


1.0 Site Services

We agree to provide you with services, or the “Service” through https://livingpearl.shop/. In exchange for providing this service, we require you to follow these rules:

  1. You must be at least 13 years old to use the Site, or if you are a resident of the EU, you must be at least 16 years old. Don’t lie about your age. If you are under 18, you agree that a parent or legal guardian agrees to these rules on your behalf. 
  2. Don’t use the Site to do anything illegal or break the rules in our terms of use. 
  3. Don’t change anything about our website or applications, upload any type of virus or malware, or do anything that might interfere with the way the Site or its services works.
  4. Don’t do anything that might affect how other people use and enjoy the Site. Be a good neighbor.
  5. Don’t encourage anyone to break these rules.
  6. Use your common sense, and be a good human. 

2.0 Your Rights 

2.1 You have the right to feel safe using Site. 

2.2 You have the right to your privacy on Site. Please refer to our Privacy Policy (https://livingpearl.shop/policies/privacy-policy) for details. 

2.3 You are responsible for anything you do on Site under your login, including things you post and comment on. You are responsible for making sure the stuff you post belongs to you, including any music or photos. If you post something you shouldn’t and get a fine,you will have to pay it. 

3.0 Our Rights

3.1 We are not responsible for the following:

  1. Links to other companies or websites, even when the link shows up in Site
  2. What happens when you connect your Site account to another website or service, including sharing a picture or video. You should read the rules for that service to know your rights. 
  3. The data cost on your mobile device for using Site or its services. 
  4. Any content that is stolen or copied from the Site by someone else.

3.2 We can end the Site and its services at any time or stop you from using Site at any time for any reason without letting you know beforehand. 

3.3 We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

3.4 We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.


4.0 Intellectual Property Rights All images, text, designs, graphics, trademarks and service marks are owned by and property of LivingPearl, or the properly attributed party. It is a violation of federal law to use any of our intellectual property in whole or in part, and modification of any materials contained on this Site is illegal and may be prosecuted to the fullest extent permissible, including asking for financial penalties (damages) and/or an injunction forcing you to stop using our intellectual property immediately. Do not try to use our stuff, remove it, change it, or claim to be us without written permission. 

(A) Limited Use with Attribution: You may use our intellectual property with clear and obvious credit back to our site, as well as correct links back to the page where the materials, designs, images, text, quote or post is specifically located. You may never claim any of our intellectual property as your own or your original creation, however, even with attribution. Please utilize the grandma test: If a grandma saw the content on your site, she should understand that the content is NOT yours. If you cannot make the distinction that clear, then please do not use our content in any way. 

5.0 This Agreement 

5.1 If you use other third-party services on the Site, including payment services, you will need to follow those rules or terms. If any of those rules conflict with these rules, those rules will win. 

5.2 If a court finds any of this Agreement unenforceable, the other rules will still be valid. 

5.3 Any changes to these rules must be made in writing. If we fail to enforce any of these rules for any reason, we still have the right to enforce them in the future, and our behavior will not be a waiver of our overall rights in this Agreement. 

5.4 We reserve all the rights we did not expressly grant or tell you about in this Agreement. 

5.5 No one else besides you and us (no third parties) have rights under this agreement. 

5.6 You cannot give these rights or obligations to someone else without our consent. We can give our rights and obligations to someone else, however, like if we change ownership by selling part or all of our business, or if we need to for legal reasons. 

6.0. Advertising, Affiliates and Testimonials

This site may use advertising or affiliate links to sell certain products or services. We disclaim any and all liability as a result of your purchase through one of these links. We will use reasonable efforts to notify you when and where we have placed ads or affiliate links in addition to this disclaimer located in these Terms & Conditions. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications. Any testimonials reflect the accurate experience of the person quoted, however, your results with any particular product or service may vary. 

 

7.0 Refunds & Payment Collection

7.1 PAYMENT We currently accept payment in the form of credit card (American Express, Visa, Master Card, and Discover), Google Pay, ShopPay, Amazon Pay, Venmo, and PayPal. Orders will be processed within 24-48 hours pending item availability and credit card approval. All purchases shipped within the great state of New York will be charged sales tax. 

7.2 RETURNS & EXCHANGES If you wish to return or exchange an item, you may return it to us within 10 days after receiving your order. We will not accept returns that fall outside this 10 day period and we ask that you ensure all items remain unused and are returned in their original package with tags attached. Please note that ALL SALE ITEMS, CUSTOM / PERSONALIZED ORDERS, AND MADE-TO-ORDER PIECES ARE FINAL SALE.

If you wish to make a return or exchange, please email Info@LivingPearl.Shop to receive an Return Authorization code. This code is required for us to accept any returns/exchanges and the customer is responsible for all shipping fees incurred. Returns will be processed as soon as possible but please allow up to two billing cycles for the return to appear on your credit statement. Living Pearl has the right to deny any refund that does not meet our return and exchange policy requirements.

7.3 PRE-ORDER POLICY Items listed as "Out of Stock" or "Coming Soon" may be purchased on a pre-order basis only. Placing a pre-order reserves the item for you when our inventory arrives. You will receive an e-mail when the item is ready for shipment. Discounts or other promotions may be applied to pre-orders. PLEASE NOTE: Your credit card will be charged at checkout for all pre-orders. We will reach out via email to provide updates on your order and may be reached at info@livingpearl.shop at any time. We cannot guarantee the timeliness of your pre-order delivery. 

Any fit or production issues will be addressed on a case-by-case basis. 

7.4 MODIFICATIONS TO THE SERVICE AND PRICES Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.


7.5 PRODUCTS OR SERVICES Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. All items are novelty and are not meant for human consumption. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.


We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.


8.0  Limits on Liability

8.1 Site operates as is, and we can't guarantee it will be safe and secure or will work perfectly all the time. Sometimes crazy things and mistakes happen, even when we try to find reliable vendors to help us operate the Site and its services. TO THE EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content they share (including offensive, inappropriate, obscene, unlawful, and other objectionable content). We also aren’t responsible for services and features offered by other people or companies, even if you access them through our Service. You should read and agree to their rules and terms. 

8.2 We cannot predict when issues might arise with our service. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law. We are not responsible for lost profits, data or any kind of damages  connected to you using the Site. The total limit on our liability to you under these Terms is the greater of: $100 or the amount you have paid us in the past twelve months. 

8.3 You agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable attorney's fees and costs, arising out of or connected with these Terms or your use of the Service. You will cooperate as required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you may not settle any claim without our prior written consent. 

8.4 Nothing on the site, or offered through its services or products, is intended to diagnose or treat any physical or mental illness. No information on the site is intended to be legal, medical, or financial advice and is for educational purposes only, unless clearly marked otherwise. 

9.0 How We Will Handle Disputes

9.1 We hope there won’t be any problems and that you will reach out to us if you are having issues with our service. But, if you have a legal problem with Site, you agree to use binding arbitration under the AAA, which means you will not get go to court by yourself or with others or be part of a class-action lawsuit or arbitration. We and you waive a trial by jury. The following claims don't have to be arbitrated and may be brought to court: small claims, intellectual property disputes (like copyrights and trademarks), or efforts to interfere with the services or engage with the service in unauthorized ways. A court can also decide issues about the scope and enforceability of these arbitration provisions.

9.2 For any claim that is not arbitrated or resolved in small claims court, you agree that it will be resolved exclusively in the U.S. District Court for the District of New York or a state court located in New York. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim.

9.3 The laws of the State of New York , to the extent not preempted by or inconsistent with federal law, will govern these Terms and any claim, without regard to conflict of law provisions.

9.4 We appreciate feedback, but we may use any of your comments without any obligation to pay you and do not have to keep them confidential. For questions about this policy, you can email us at info@livingpearl.shop. 

10.0 ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service 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 Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).


We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.