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TERMS OF USE AND PRIVACY POLICY ROMMANEL.COM WEBSITE
These Terms of Use and Privacy Policy ( the “Terms”) constitute the legal agreement between you (“you” or User”) and ROMMANEL LLC (“Rommanel”) (address: 8280 NW 27TH STREET, MIAMI, FL 33122) with respect to your access to and use of Rommanel website located at URL www.rommanel.com and the subdomains thereof (the “Site”). These Terms shall apply to all persons and entities who access the Site (“Users”), including, without limitation, persons and entities who purchase items through the Site for their own personal use (“Clients”) and end users who purchase items through the Site for the purpose of reselling such items (“Consultants”).
By the Site, the Users dwelling in any part of the globe (except Brazil and Canada) are entitled to purchase the products made available through the Site by Rommanel, and verify their description, as well as information related to the sale of Rommanel products.
These Terms may be viewed at any instance at the Site, by the link: www.rommanel.com/termsandconditions. THESE TERMS MAY BE UPDATED, AMENDED, OR SUBSTITUTED BY ROMMANEL FROM TIME TO TIME WITHOUT NOTICE TO YOU, WITH SUCH UPDATED, AMENDED, OR SUBSTITUTED TERMS TO BE EFFECTIVE UPON THEIR BEING POSTED ON THE SITE OR SUBDOMAIN PAGE(S) THEREOF OR VIA HYPERLINK FROM ANY OF SUCH PAGES. As a result, we recommend that you review these Terms from time to time to ensure you are aware of the latest Terms, including prior to purchase of any products made available through the Site”. In the event you do not agree with the Terms, you shall immediately refrain from accessing the Site and/or making purchase(s) of any products made available through the Site.
1. Acceptance
1.1. When accessing the Site, the Users declare their free, accepted and informed acceptance of the Terms herein. The Users acknowledge that the access to the Site depends on the acceptance to this document and, therefore, if not consenting with any of the following provisions, or any amendments made to these Terms, the Users shall refrain from using the Site.
2. Rules and Functionalities for Users (Clients and Consultants)
2.1. The Users acknowledge that they shall only provide complete and accurate information in the Site, holding Rommanel harmless from any liability derived from any untrue or inaccurate information supplied by them.
2.2. The Site is freely available for access by the address www.rommanel.com, irrespective of the User completing or not the data registration. The Site allows the Users to carry through online purchase of Rommanel products, consult the Rommanel products catalogue, the products’ description and other information related to the end consumer’s purchase and resale by autonomous consultants.
2.3. If a certain product is not available for purchase, the Users may thus demonstrate their interest directly through the Site, irrespective of any prepayment. Upon identifying the interest of a certain Client or Consultant in an unavailable product, Rommanel, at its own discretion, will try to enable the purchase. However, in this case, Rommanel does not guarantee that the purchase will be possible and neither undertakes responsibility for the eventual failure of the purchase.
2.4. All the products purchased by the Users will be delivered by outsourced companies.
2.5. After closing of the order, the Users cannot change the payment means and/or the delivery address, ask for advancing or priority in the delivery.
2.6. Once the Users purchase the product, Rommanel shall only accept change for the size of the product purchased by the Client or Consultant, but not the model or the part itself.
2.7. Both for Clients and for Consultants, the payments may be made by credit card.
2.8. Rommanel maintains a refund/return policy (the “Refund Policy”) which governs all purchases made through the Site. Such policy is set forth at http://www.rommanel.com/refund-policy. You agree that your right to any refund, and your right to return any goods purchased through the Site, are limited to the terms set forth in the Refund Policy.
2.9. Both for Clients and for Consultants is possible the return of the Items, being that:
2.9.1. For Clients will be applicable the following return rules:
a) The return must be requested within 30 (thirty) days after receipt of the jewelry;
b) The jewelry shall be sealed;
c) Is necessary that the jewelry have the label;
d) The jewelry must be in perfect condition;
2.9.2. For Consultants will be applicable the following return rules:
a) The return must be requested within 15 (fifth) days after receipt of the items;
b) The return shall be for all items in the kit receipt. It will not be possible to return only some of them;
c) The items have to be sealed;
d) The items shall be in perfect condition;
e) Return isn’t possible as a form of payment.
3. Additional Rules and Functionalities for Consultants
3.1. The acceptance of these terms does not imply any exclusivity bond between the Consultant and Rommanel.
3.2. The Consultants acknowledge that, to access the exclusive functionalities aimed for the Consultants, they must complete a data registration, including only complete and accurate information in the Site, holding Rommanel harmless from any liability derived from any untrue or inaccurate information supplied by them.
3.3. The Consultants declare their awareness of the fact that the inclusion of any false/adulterated data or information, as well as any undue or illicit use of the Site will subject them to all the applicable legal penalties.
3.4. The Consultants may select the campaign of their interest, among the ones available, the respective products and their description, as well as view the price table suggested for resale, provided by Rommanel, and ask for price estimates.
3.4.1. The suggested price table does not bear binding character, corresponding to a mere suggestion of the resale price, so that the Consultants may freely define the values practiced upon resale of the Rommanel products.
3.5. After the products of interest to the Consultants are selected and their specificities and quantities are defined, the Consultants may conclude the purchase and after confirmation of the purchase the Consultants shall not more be allowed to change or cancel it by the Site.
4. Proper Use of the Site
4.1. By accepting the Terms herein and using the Site, the Users declare that:
(i) they are at least eighteen (18) years of age and civilly capable, in light of the laws, of manifesting their will towards these Terms;
(ii) they shall not use the Site for any illicit purposes, contrary to the morality and good manners or willful misuses, respecting, upon using the Site, any and every applicable laws;
(iii) they shall not use the Site in any manner that might impair or infringe third-parties’ rights;
(iv) they shall not include any inaccurate or untrue information in the Site.
4.2. Upon acceptance of the Terms herein, the Users declare their awareness of the fact that they shall not input in the Site, by any means whatsoever, any content embedding viruses or other harmful elements in the Site and/or which impairs Rommanel’s systems or other Users’ systems.
4.3. The Users declare their awareness of the fact that they are solely responsible for their specific use of the Site, holding Rommanel harmless from any responsibility for eventual illicit, inadequate use of the Site or contrary to these Terms.
4.4. The Users acknowledge that, under any event, they shall be solely responsible for their access passwords, acknowledging that they shall not share them with third-parties, under any circumstance and holding Rommanel harmless from any liability arising out of unauthorized third-parties’ access to the Platform, due to the Users’ inadequate treatment of the password.
4.4.1. By the acceptance of the Terms herein, the Users declare their awareness of the fact that their access password may need to be changed at least every ninety (90) days.
4.5. Any registration of civilly incapable persons will be considered as not permitted by these Terms. In case incapable persons proceed with such registration, their legal representative may contact Rommanel to ask for exclusion of such data, by the email address informed at the end of this Policy.
5. Intellectual Property
5.1. All the texts, images, pictures, icons, technologies, links and other visual, audiovisual or sound contents, including the graphic drawings and the source codes of the Site are Rommanel’s exclusive property (or of third-parties which authorized Rommanel’s use thereof) and are protected by domestic and international laws and treaties, with express prohibition to copy, reproduce, download or make any other type of use thereof, for commercial purposes or not. Any violator will be subject to the applicable civil and criminal penalties, under the terms of the US laws.
5.2. All the trademarks, trade names or logotypes of any kind depicted in the Site are the property of Rommanel (or of third-parties which authorized Rommanel’s use thereof), and use of the Site cannot be understood as an authorization for the Users to use those trademarks, trade names and logotypes.
5.3. The Users acknowledge that they shall not use the texts, images of artists, models or persons contracted by Rommanel, and other content made available through the Site, in any respect, such as electronic pages, leaflets and other forms of publicity, even if for trading Rommanel products, and any use of such content, other than expressly authorized by Rommanel, shall be understood as violation of the Terms herein and of the applicable rules.
6. Disclaimer
6.1. Rommanel does not undertake responsibility: (i) for eventual unavailability, errors or failures of the Site, or for the Site’s failures or any access difficulty; (ii) for errors or inconsistencies in the transmission of data or for the quality or availability of the Internet signal, which cause failures in the ordinary operation of the Site; (iii) for the existence of virus or other harmful elements in the Site, which might cause changes in the computing systems (software and hardware) or in the digital documents stored in the computing system, disclaiming any responsibility for the damages and losses eventually derived thereof; (iv) for any inaccurate or outdated information included in the Site; (v) for any kind of damages and losses eventually derived from unauthorized third-parties’ knowledge of any information provided by the Site, resulting for failure exclusively ascribable to the Client, Consultant or third-parties which are out of Rommanel’s reasonable control; neither (vi) for third-parties’ electronic pages, including advertisers, which links are inputted into Rommanel’s site, as well as for third-parties’ pages presenting links or references to Rommanel.
6.2. Furthermore, Users will hold Rommanel, its subsidiaries, affiliates, officers, workers, agents, contractors or other representatives, shareholders and employees harmless from any claims and demands and will indemnify Rommanel for the losses, damages, including related to attorneys’ fees, arising out of their default towards the use Terms and Policies or out of their violation of rights.
6.3. Rommanel will not be held responsible for any failure to the extent ascribable to third-parties who shall be solely and exclusively responsible for the delivery of the product and processing of the authorization for billing in the Users’ credit card.
6.4. LIMITATION OF LIABILITY. IN NO EVENT WILL ROMMANEL BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, LOST PROFITS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE AND/OR ANY RELATED SERVICES, EVEN IF ROMMANEL OR ITS AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT ANY CLAIM BY YOU OR ON YOUR BEHALF MUST BE MADE IN WRITING TO ROMMANEL, AND RECEIVED BY ROMMANEL WITHIN ONE (1) YEAR OF THE EVENTS GIVING RISE TO SUCH CLAIM(S). TO THE MAXIMUM EXTENT ALLOWED BY THE APPLICABLE LAWS, THE MAXIMUM VALUE FOR WHICH ROMMANEL ASSUMES RESPONSIBILITY, IRRESPECTIVE OF THE REASON GIVING RISE TO THE ORDER, CORRESPONDS TO THE AMOUNT EVENTUALLY PAID BY THE USER TO ROMMANEL WITH RESPECT TO THE PRODUCT WHICH IS THE SUBJECT OF SUCH CLAIM, PROVIDED THAT THE ALLEGED LOSS IS UNDOUBTEDLY PROVEN.
6.5. The Users are aware that Rommanel recommends using tools and technology (hardware and/or software) duly safe and updated. Any use, by the Users, of outdated tools and technology, not deemed to be safe, will be on the Users’ on account and risk, and Rommanel will be held harmless from any responsibility for any kind of damages borne by the Users.
7. Privacy Policy
7.1. Rommanel gathers every piece of information actively inputted by the Users at the Site, such as, for instance, information inputted in forms in the Site (name, address, telephone, date of birth, email and payment data), as well as some pieces of information automatically generated upon the Users’ use of the Site, such as characteristics of the IP with access date and time. No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, Rommanel does not guarantee the absolute security of your personal information. Rommanel may transmit your personal information outside of your jurisdiction of residence.
7.2. Rommanel may collect information about the device and browser you use, your network connection and your IP address. Rommanel may also receive personal information about you when you purchase products or make other requests to Rommanel. Rommanel may use this information to service your account, enhance services and products made available by Rommanel, and answer any questions you may have.
7.3. Rommanel works with third parties to provide you with products and services, and Rommanel may share personal information with them to support these efforts. Additionally, in connection with your purchase of products and services, you may be required to provide your personal information directly to third parties. In certain limited circumstances, Rommanel may also be required by law to share information with third parties. Rommanel disclaims all responsibility for any failure by any third party to protect your personal information in accordance with these Terms or otherwise in accordance with applicable laws. You agree that Rommanel shall have no responsibility in the event any such third party fails to protect your personal information in accordance with these Terms or otherwise in accordance with applicable laws.
7.4. Personal information may be shared with third parties to prevent, investigate, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of these Terms or any other agreement related to these Terms or any services or products provided by Rommanel, or as otherwise required by law.
7.5. Personal information may also be shared with a company that acquires Rommanel’s business, whether through merger, acquisition, bankruptcy, dissolution, reorganization, or other similar transaction or proceeding.
7.6. Upon termination of your relationship with Rommanel, Rommanel will continue to store archived copies of your personal information for legitimate business purposes and to comply with the law.
7.7. You retain all rights to your personal information and can access it anytime. In addition, Rommanel takes reasonable steps to allow you to correct, amend or delete personal information that is shown to be inaccurate or incomplete.
If you have any questions about your Personal Information or this policy, please contact: miami@rommanel.com
7.8. Rommanel considers as confidential any personally identifiable information gathered by the Site, making sure that they shall all be handled and stored according to the determinations of these Terms and the applicable laws.
7.9. Rommanel will use the gathered information for the legal purposes, as well as for proper services rendering, such as to enable the financial transaction by credit card billing and product delivery.
7.10. The Users manifest their free, express and informed consent to Rommanel’s use of the data gathered about them or by Rommanel’s partners for the purposes described in the Terms herein.
7.11. Furthermore, the Users acknowledge that the data collected by the Site may be shared with third-parties under the following situations: (i) in connection with commercial activities and services rendered by Rommanel, also with its commercial partners; (ii) for protection of Rommanel’s interests, in any type of conflict, including lawsuits; or (iii) in connection with court order or request from administrative authorities.
7.12. The Users may ask for exclusion of the gathered data and consequent end of access to the Site by contacting Rommanel by the email: miami@rommanel.com. Rommanel will use commercially reasonable efforts to satisfy all the orders in a timely manner, and, after the order is successfully processed, the User’s registration with Rommanel will be automatically cancelled.
7.13. Even in case of request for exclusion of the data, as above stated, Rommanel will observe the minimum term for keeping of information if, and to the extent, required by applicable laws.
8. Term and Termination of the Access
8.1. The access to the Site is provided for undetermined time for the Users, and Rommanel is entitled to terminate the availability anytime, also as a result of undue use of the platform, irrespective of prior notice and no sort of indemnity shall be due to the Client or Consultant pursuant to the termination. Rommanel reserves the right to immediately suspend or terminate your access to the Site, without notice, upon any breach of these Terms by you. If your registration is cancelled or terminated at any time by you or Rommanel, you will not have the right to any refund or repayment of any amounts paid to Rommanel.
8.2. The Users acknowledge that Rommanel may, at its free and exclusive discretion and without prior notice, cancel the access of the Client or Consultant to the Site’s exclusive access for registered parties in case such access is inactive for more than ninety (90) days.
9. Miscellaneous
9.1. Any clause or condition of this instrument that, for any reason whatsoever, is deemed to be null or ineffective by any judge or court will not affect validity of the other provisions under these Terms, which shall remain perfectly valid and binding, generating effects to their utmost extension.
9.2. Rommanel’s failure to enforce any rights or provisions of the Terms herein shall not be deemed as waiver, and it shall be totally entitled to regularly enforce its right within the due legal terms.
9.3. Your right to access the Site is for your sole, personal use. You may not authorize others to use your registration, and you may not assign or otherwise transfer your right to access the Site to any other person or entity.
9.4. Rommanel may provide, or third parties may provide, links to other websites and/or resources. You acknowledge and agree that Rommanel is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources. You further acknowledge and agree that Rommanel shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, products, services or other materials available on or through any such website or resource.
9.5. DISCLAIMER OF WARRANTIES. ROMMANEL PROVIDES THE SITE AND RELATED SERVICES AND PRODUCTS ON AN "AS IS, WHERE IS" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, IN CONNECTION WITH THE SITE AND/OR ANY RELATED SERVICES AND/OR PRODUCTS OR IN CONNECTION WITH ANY COMMUNICATION WITH ROMMANEL OR ITS REPRESENTATIVES, OR OTHERWISE WITH RESPECT TO THE SITE AND/OR SUCH SERVICES AND/OR PRODUCTS. ROMMANEL SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ROMMANEL DOES NOT WARRANT THAT YOUR USE OF THE SITE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, OR ERROR-FREE, OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED. IN ADDITION, ROMMANEL DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER END USERS OF THE SITE AND/OR RELATED SERVICES AND/OR PRODUCTS (INCLUDING, BUT NOT LIMITED TO, UNAUTHORIZED USERS, OR "HACKERS").
9.6. Certain jurisdictions limit the applicability of warranty disclaimers and limitations of liability. TO THE EXTENT THE JURISDICTION WHICH GOVERNS YOUR USE OF THE SITE AND/OR RELATED SERVICES AND/OR PRODUCTS LIMITS THE DISCLAIMERS OF WARRANTY AND/OR LIMITATIONS OF LIABILITY AS PROVIDED IN THESE TERMS, YOU AGREE THAT THE TERMS OF THIS AGREEMENT SHALL BE DEEMED AMENDED IN ORDER TO GIVE MAXIMUM, LEGALLY ENFORCEABLE EFFECT TO SUCH DISCLAIMERS OF WARRANTY AND/OR LIMITATIONS OF LIABILITY REGARDLESS OF A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY UNDER THESE TERMS.
9.7. These Terms contains the entire agreement between you and Rommanel regarding the use of the Site and related services and products. Your obligations under these Terms shall survive your ceasing to use the Site.
- Governing Law and Jurisdiction
- These Terms are governed exclusively by the laws of Florida/USA, without regard to conflict of laws principles.
10.2. The parties hereby elect the exclusive venue of the federal and state courts in the State of Florida/ USA, Miami-Dade County, to resolve any doubts, questions or controversies arising out of the Terms herein, with express waiver of any other, irrespective of the matters of privilege, and submit to the exclusive jurisdiction of such courts in connection with any dispute related to the Site, any related products or services, or otherwise under these Terms.
