Terms of Service

Welcome to Emily Mmaitsi LLC (“we,” “us,” or “our”), a jewelry brand operating the website https://shiluliemily.com/ (the “Website”). These Terms of Service (“Terms”) govern your access to and use of the Website, including the purchase of products, use of services, and any interactions with our brand. By accessing or using the Website, creating an account, or placing an order, you (“you,” “your”) agree to be bound by these Terms, our Privacy Policy, and our Return & Refund Policy (collectively, the “Agreements”). If you do not agree to all terms of the Agreements, do not use the Website or purchase our products.

1. Eligibility

  • You must be at least 18 years of age to use the Website or make a purchase. By using the Website, you represent and warrant that you are 18 years or older and have the legal capacity to enter into these Terms.
  • If you are using the Website on behalf of a business or organization, you represent and warrant that you have the authority to bind that entity to these Terms.
  • We reserve the right to refuse service to any individual or entity at our sole discretion.

2. Account Creation and Responsibilities

  • To make a purchase or access certain features of the Website, you may need to create an account. You agree to provide accurate, current, and complete information during the account creation process and to update such information as needed.
  • You are responsible for maintaining the confidentiality of your account username and password and for all activities conducted under your account. You agree to notify us immediately at service@shiluliemily.com if you suspect any unauthorized use of your account or breach of security.
  • We are not liable for any loss or damage arising from your failure to comply with these account responsibilities.

3. Product Information and Orders

3.1 Product Descriptions

  • We strive to provide accurate and detailed descriptions of our jewelry products, including materials, dimensions, and specifications. However, we do not warrant that product descriptions, images, or other content on the Website are error-free, complete, or current.
  • Color variations may occur due to differences in computer monitors, lighting, and manufacturing batches. We make every effort to display colors as accurately as possible, but actual product colors may vary slightly from what is shown on the Website.

3.2 Order Placement and Acceptance

  • When you place an order through the Website, you are making a binding offer to purchase the selected products. We reserve the right to accept or reject your order at our sole discretion, including but not limited to cases where:
    • Products are out of stock or unavailable.
    • There is an error in the product price, description, or image.
    • We suspect fraudulent activity or a violation of these Terms.
  • Upon order acceptance, we will send you an order confirmation email with details of your purchase. A binding contract between you and Emily Mmaitsi LLC is formed only when we send this confirmation.

3.3 Pricing and Payment

  • All product prices are displayed in U.S. Dollars (USD) and are subject to change without notice. We are not responsible for typographical errors in pricing.
  • You agree to pay the full amount specified in your order confirmation, including any applicable taxes, shipping fees, and other charges.
  • We accept payment via the third-party payment processors indicated on the Website (e.g., credit/debit cards, PayPal). By providing payment information, you warrant that you are authorized to use the payment method and that the information is accurate.
  • We do not store full payment card details on our servers; payment processing is handled securely by our third-party providers (see our Privacy Policy for more details).

4. Shipping and Delivery

  • Shipping terms, including delivery times and fees, are specified during the checkout process. We aim to ship orders within the stated timeframe, but shipping delays may occur due to factors beyond our control (e.g., carrier delays, customs processing, holidays).
  • Risk of loss or damage to the products passes to you upon delivery by the shipping carrier. You are responsible for inspecting the products upon receipt and notifying us of any damage or discrepancies within 7 days of delivery (see our Return & Refund Policy for details).
  • International customers are responsible for all customs fees, duties, taxes, and other charges imposed by the destination country. We are not liable for items held, delayed, or confiscated by customs authorities.

5. Intellectual Property

  • All content on the Website, including but not limited to product images, logos, brand names, text, graphics, and design elements, is the exclusive intellectual property of Emily Mmaitsi LLC or its licensors.
  • You may not copy, reproduce, distribute, modify, display, sell, or otherwise use any of this intellectual property without our prior written permission.
  • Jewelry designs, trademarks, and trade dress of Emily Mmaitsi LLC are protected by applicable intellectual property laws. Unauthorized reproduction or imitation of our products is prohibited.

6. Prohibited Uses

  • You agree not to use the Website for any unlawful purpose or in violation of these Terms. Prohibited uses include, but are not limited to:
    • Engaging in fraudulent or deceptive activities (e.g., using stolen payment methods, placing fake orders).
    • Accessing or attempting to access restricted areas of the Website without authorization.
    • Interfering with the operation of the Website, including introducing malware, viruses, or other harmful code.
    • Violating the intellectual property rights of Emily Mmaitsi LLC or third parties.
    • Posting or transmitting any harassing, abusive, defamatory, or inappropriate content.
  • We reserve the right to terminate or suspend your access to the Website if you engage in any prohibited use.

7. Limitation of Liability

  • To the maximum extent permitted by applicable law, Emily Mmaitsi LLC shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising from your use of the Website, purchase of products, or any breach of these Terms.
  • Our total liability to you for any claims arising from the Agreements shall not exceed the total amount you paid for the specific products giving rise to the claim.
  • This limitation of liability applies regardless of the legal theory (contract, tort, negligence, or otherwise) and survives the termination of these Terms.

8. Indemnification

  • You agree to indemnify, defend, and hold harmless Emily Mmaitsi LLC, its officers, directors, employees, agents, and affiliates from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorney’s fees) arising from:
    • Your use of the Website or purchase of products.
    • Your violation of these Terms or any applicable laws or regulations.
    • Your breach of any representations or warranties made under these Terms.
    • Unauthorized use of your account.

9. Modifications to Terms

  • We may update these Terms from time to time to reflect changes in our business practices, legal requirements, or Website functionality. When we make changes, we will revise the “Last Updated” date at the top of this page.
  • Your continued use of the Website or purchase of products after the updated Terms are posted constitutes your acceptance of the changes. We encourage you to review these Terms periodically.

10. Termination

  • We may terminate or suspend your access to the Website or account at any time, with or without notice, for any reason, including but not limited to a violation of these Terms.
  • Upon termination, all rights and licenses granted to you under these Terms shall cease, and you shall cease using the Website.
  • Sections of these Terms that by their nature should survive termination (e.g., intellectual property, limitation of liability, indemnification) shall remain in effect.

11. Governing Law and Dispute Resolution

  • These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of laws principles.
  • Any dispute, claim, or controversy arising out of or relating to these Terms or the use of the Website shall first be addressed through good-faith negotiation. If the dispute cannot be resolved through negotiation, it shall be submitted to arbitration in Menifee, California, in accordance with the rules of the American Arbitration Association.
  • You agree to waive any right to a jury trial or class action lawsuit arising from or related to these Terms.

12. Force Majeure

  • We shall not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to natural disasters, pandemics, wars, strikes, riots, government regulations, and disruptions to shipping or supply chains.

13. Miscellaneous

  • These Terms, together with our Privacy Policy and Return & Refund Policy, constitute the entire agreement between you and Emily Mmaitsi LLC regarding your use of the Website and purchase of products, superseding any prior agreements or understandings.
  • If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
  • Our failure to enforce any provision of these Terms shall not be construed as a waiver of such provision or any other right.

14. Contact Us

If you have any questions, concerns, or inquiries about these Terms of Service, please contact us: