Terms of Use For Pandorua
These Terms of Use (“Terms”) govern your access to and use of the Pandorua website (www.pandorua.net, including all subdomains, content, and services offered thereon, collectively the “Site”). By accessing or using the Site, you (“User” or “you”) agree to be bound by these Terms, as well as our Privacy Policy, Shipping Policy, and Refund Policy (all incorporated herein by reference). If you do not agree to these Terms, you may not access or use the Site.
1. Eligibility to Use the Site
- To use the Site, you must be at least 18 years of age, or have the legal consent of a parent or guardian if you are between 13 and 17 years old. By using the Site, you represent and warrant that you meet this eligibility requirement and have the legal capacity to enter into these Terms.
- You may not use the Site if you have been previously banned or restricted from accessing our services, or if you are prohibited by law from engaging in commercial transactions online.
2. Account Creation & Management
2.1 Account Registration
- To access certain features of the Site (e.g., placing orders, saving wishlists, tracking order history), you may need to create a Pandorua account. When registering, you must provide accurate, complete, and current information (including your name, email address, and password) and update this information promptly if it changes.
- You are responsible for maintaining the confidentiality of your account credentials (password, email address) and for all activities that occur under your account. Pandorua will not be liable for any loss or damage arising from your failure to protect your account.
2.2 Account Responsibilities
- You agree to notify Pandorua immediately at [email protected] if you suspect any unauthorized access to or use of your account (e.g., stolen password, unknown orders).
- We reserve the right to suspend or terminate your account without prior notice if we believe you have violated these Terms (e.g., fraudulent activity, misuse of the Site) or if your account is inactive for a period of 12 months or more.
3. Permitted Use of the Site
You may use the Site only for lawful, personal, and non-commercial purposes (unless you have written permission from Pandorua to use it for commercial purposes), including:
- Browsing product listings, reading product descriptions, and learning about Pandorua’s jewelry and services.
- Creating an account, placing orders for personal use, and tracking order status.
- Saving items to your wishlist, sharing product links via authorized social media tools (e.g., “Share” buttons on the Site), and subscribing to newsletters (if you opt in).
- Contacting our customer service team with legitimate inquiries related to the Site or our products.
4. Prohibited Uses of the Site
You may not use the Site for any unlawful, fraudulent, or abusive purpose, including (but not limited to):
- Providing false or misleading information (e.g., fake shipping addresses, stolen payment details) when creating an account or placing orders.
- Accessing, modifying, or attempting to bypass the Site’s security measures (e.g., hacking, scraping, using automated bots to collect data) or interfering with the Site’s functionality (e.g., introducing malware, overloading servers).
- Using the Site to transmit spam, unsolicited commercial messages, or content that is defamatory, harassing, discriminatory, violent, or infringing of third-party rights (e.g., copyright, trademark).
- Reproducing, distributing, modifying, or publicly displaying any content from the Site (e.g., product photos, descriptions, logos) without prior written permission from Pandorua.
- Reselling or attempting to resell Pandorua products purchased through the Site for commercial gain, unless you have a separate reseller agreement with us.
5. Intellectual Property Rights
- All content on the Site, including but not limited to product photos, descriptions, logos, brand names (“Pandorua”), graphics, text, and software, is the exclusive property of Pandorua or its licensors and is protected by copyright, trademark, and other intellectual property laws.
- You are granted a limited, non-exclusive, non-transferable license to access and use the Site’s content for personal, non-commercial purposes only. This license does not allow you to copy, modify, or distribute the content for any other purpose.
- Any unauthorized use of the Site’s intellectual property may result in legal action, including claims for damages.
6. Third-Party Links & Content
- The Site may contain links to third-party websites, services, or content (e.g., social media platforms, payment processors, jewelry care resources). These links are provided for your convenience only and do not constitute an endorsement by Pandorua of the third party or its content.
- Pandorua has no control over third-party sites and is not responsible for their content, privacy policies, or practices. You access third-party sites at your own risk and should review their terms of use and privacy policies before interacting with them.
7. Site Availability & Modifications
- Pandorua strives to keep the Site available 24/7, but we do not guarantee uninterrupted access. The Site may be temporarily unavailable due to maintenance, technical issues, or circumstances beyond our control (e.g., server outages, cyberattacks). We will make reasonable efforts to notify users of planned downtime via the Site or email (if you have an account).
- We reserve the right to modify, update, or discontinue any feature of the Site (e.g., product categories, account tools, payment methods) at any time without prior notice. These Terms will apply to all such modifications.
8. Disclaimers of Warranties
- The Site and its content are provided “as is” and “as available” without any warranties of any kind, either express or implied. Pandorua disclaims all warranties, including but not limited to:
- Warranties of merchantability (that the Site or products will meet your expectations or be fit for a particular purpose).
- Warranties of accuracy (that the Site’s content, including product descriptions, prices, or availability, is error-free).
- Warranties of non-infringement (that the Site or its use will not infringe on third-party rights).
- Pandorua does not warrant that the Site will be secure, virus-free, or compatible with all devices or browsers. You are responsible for ensuring your device and software meet the Site’s minimum requirements.
9. Limitation of Liability
- To the maximum extent permitted by law, Pandorua shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from your access to or use of the Site (e.g., loss of data, missed orders, inconvenience, or damage to your device).
- Our total liability to you for any claims related to the Site or these Terms shall not exceed the total amount you have paid to Pandorua for products purchased through the Site in the 12 months prior to the claim.
- This limitation of liability does not apply to damages caused by Pandorua’s intentional misconduct, gross negligence, or violation of applicable laws.
10. Indemnification
You agree to indemnify, defend, and hold harmless Pandorua, its officers, employees, partners, and licensors from and against any claims, losses, damages, liabilities, and expenses (including attorney fees) arising from:
- Your use of the Site in violation of these Terms.
- Your breach of any representations or warranties in these Terms (e.g., providing false information).
- Any third-party claims related to your account or use of the Site (e.g., a claim that your actions infringed a third party’s copyright).
11. Governing Law & Dispute Resolution
- These Terms shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of law principles.
- Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Site shall first be resolved through good-faith negotiation between you and Pandorua. If negotiation fails, the dispute shall be submitted to binding arbitration in New York, New York, conducted in English, in accordance with the rules of the American Arbitration Association.
- You agree that you will not bring any class action or collective claim against Pandorua related to the Site or these Terms.
12. Changes to These Terms
Pandorua may update these Terms from time to time to reflect changes in laws, business practices, or Site features. When we make updates, we will revise the “Last Updated” date at the top of this page and post the revised Terms on the Site. We may also notify you via email (if you have an account) of material changes.
Your continued access to or use of the Site after the revised Terms take effect constitutes your acceptance of the updated Terms. We encourage you to review these Terms periodically.
13. Contact Us
If you have questions, concerns, or disputes related to these Terms of Use, please contact our customer service team:
- Email: [email protected]
We will respond to your inquiry within 24 business hours and work to resolve any issues promptly.
