Terms and Conditions

The following Terms and Conditions apply to the use of this Web site as well as all transactions conducted through the site.

  • Legal Notice
  • Email Privacy (see #21)
    Return Policy (see #13)

    1.   General
    2.   Changes in Terms
    3.   Termination
    4.   Description of Service
    5.   License To Use The Service
    6.   Additional Limitations To Service
    7.   Jurisdiction
    8.   Eligibility
    9.   Governing Laws and Miscellaneous Terms
    10. Registration with eCharm
    11. Registration of Friends and Gift Recipients
    12. Ordering, Prices, Shipping and Delivery
    13. Purchase and Return Policy
    14. Third Party Sites
    15. Trademarks and Copyrights
    16. eCharm Mobile
    17. Disclaimer of Warranties
    18. Limitation of Liability
    19. Indemnification
    20. Information or Complaints
    21. Privacy Policy

    1. General

    These Terms and Conditions of Use (“Terms”) are entered into between you (“Purchaser”) and your selected charm selectors and gift recipients (“friends”) collectively referred to as “you” or “you and your friends”, and eCharm International. eCharm International (“eCharm”, “we” or “us”) provides various products and services (described below) through our website, www.echarminternational.com, our mobile website, and our individualized charm selector online shopping carts, CharmCart, (collectively, the “Services”). In exchange for your use of our sites and services, you agree to the promises and obligations herein, and intending to be legally bound, you and eCharm International hereby agree to the following: Your use of the eCharm site and services is subject to these terms, and to any modifications made by eCharm, and to all applicable laws and regulations. Using our site and services means you agree to these terms. Using any or part of our service, or by registering or completing a purchase within eCharm’s sites, you agree to be bound by all of the terms and conditions herein.

    BY USING THE SERVICES YOU ARE EXPLICITY CONFIRMING THAT YOU ARE ABLE TO LEGALLY ENTER INTO AN AGREEMENT AND THAT YOU HAVE THE AUTHORITY OR EXPRESS PERMISSION TO PROVIDE ECHARM WITH THE FOLLOWING INFORMATION ON BEHALF OF YOURSELF, FRIENDS OR GIFT RECIPIENTS (AS APPLICABLE): 1) EMAIL ADDRESSES, INCLUDING THOSE NOT YOUR OWN, FOR THE PURPOSES OF DIRECT COMMUNICATION REGARDING FRIEND-ASSISTED PURCHASES, GIFT PURCHASES OR INQUIRIES, AND 2) GIFT RECIPIENTS’ AND PURCHASER NAMES THAT WILL BE INCLUDED IN COMMUNICATIONS TO FRIENDS, AN ONLINE SHOPPING CART AND A WEBSITE URL FOR THE PURPOSES OF CHARM SELECTION. YOU ALSO EXPLICITLY AUTHORIZE ECHARM TO ACT ON YOUR BEHALF TO SATISFACTORILY COMPLETE YOUR PURCHASE, AS OUTLINED BY THESE TERMS, AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY AND ALL DAMAGES ARISING FROM PERSONAL/GIFT MESSAGES OR CHARM CHOICES GENERATED BY THE EMAIL ADDRESSES YOU PROVIDE, THAT ARE FORWARDED TO YOU OR TO GIFT RECIPIENTS YOU PROVIDE. IF YOU DO NOT HAVE THE AUTHORITY TO COMPLETE ANY OF REQUIREMENTS OF A FRIENDS-ASSISTED OR GIFT PURCHASE AS DETAILED WITHIN THESE TERMS, DO NOT USE THIS SERVICE.

    2. Changes in Terms

    eCharm shall have the right at any time and without prior notice, at its sole descretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of eCharm products and services. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the revised or additional terms on www.echarminternational.com. Any access or use of this site by you after notice of revisions or additions to these terms shall constitute and be deemed to be your agreement to such revisions or additions. You are responsible for reviewing www.echarminternational.com periodically for any modification to this agreement that may affect your rights or obligations hereunder.

    3. Termination

    These terms are effective until terminated by eCharm. eCharm may terminate these Terms without notice and at any time. In the event of termination, you are no longer authorized to access eCharm and the restrictions imposed on you with respect to the content, disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination. eCharm shall also have the right without notice and at any time to terminate eCharm or any portion thereof, or any products or services offered through eCharm, or to terminate any individual’s right to access or use eCharm or any portion thereof.

    4. Description of Service

    eCharm specializes in custom jewelry sales and may provide automatic, individualized services with certain purchases. By making any eCharm purchase, you specifically agree to all the terms and conditions contained herein, and further agree to the automatic use of any or all of the following specific Services.

    eCharm Service offers features that allow you to make a friend-assisted purchase using eCharm as your intermediary. Charm selectors in a friend-assisted purchase (“friends” or “eFriends”) are selected by you and are identified by an email address you enter and authorize eCharm to contact on your behalf. By making a friend-assisted purchase, you agree that you have legal right or permission to authorize eCharm to:

    a. Send free charm selection email invitations to your friends that includes, but is not limited to: directions to visit your individualized CharmCart (an online, no-charge shopping cart), with your identification including your full name (first, middle and last), the full name of the jewelry recipient (“Recipient” or “Gift Recipient”), and instructions for “Gift” and “Surprise Gift” options (if applicable);

    b. Generate and maintain a temporary, individualized CharmCart during the period your eCharm order is being processed, that contains information, including, but not limited to, the name of you and/or the Recipient, instructions for a “Gift” or “Surprise Gift” (if applicable), and the name of the bracelet recipient in the url address line of an eCharm International webpage; (we may use a name in the url to reinforce the legitimacy of our request that your friends link to our site to make your charm choice);

    c. Issue temporary logins and passwords to your friends to access your online CharmCart for charm selection purposes;

    d. Receive and send updates to you and your friends as to the status of charm selection invitations or the details of any response or non-response;

    e. Receive and send updates to you and your friends as to the charm selections or personal messages generated by your CharmCart or otherwise received by eCharm;

    f. Receive and send personal/gift messages directed to you and your friends in connection with an order, charm or gift selection;

    g. Contact you and your friends in connection with charm selections, personal messages, login details, responses, or other matters related to your eCharm purchase.

    h. Disclose at our discretion to Gift Recipients or friends in a friends-assisted or gift purchase, information including but not limited to, the purchaser’s name and email address, the names and email addresses of participants in a friends-assisted purchase, original and modified personal/gift message content, date of purchase, estimated shipping date of order, and gift and surprise gift options.

    5. License To Use The Service

    eCharm grants you a limited license to make personal use of the Service but not to download or modify any portion or all of it, except with eCharm’s express written consent. The foregoing license does not include any resale or commercial use of this Service or its contents, or any use of its data mining, robots or similar data gathering and extraction tools. This Service, or any portion thereof, may not be reproduced, sold, resold, copied, duplicated, visited or otherwise exploited for any commercial or personal purposes without eCharm’s express written consent. Use of the Service that constitutes abuse will be determined by eCharm at its sole discretion. eCharm reserves the right to terminate your use of the Services if eCharm determines you have not complied with these Terms and Conditions. You agree that we, in our sole discretion, may terminate your password, and remove and discard any Materials (including, but not limited to, personal messages and Friend email addresses) for any reason, at any time, without notice to you. You agree that we shall not be liable to you or any third party for any termination of your access to the Service.

    To protect the quality of our products and services, you hereby consent to our employees and representatives the ability to access your account and records for any reason, in our sole discretion. We also reserve the right, but do not assume the responsibility, to monitor or review your conduct while using the Service. Your use of the Service is subject to all applicable local, state, national and international laws and regulations.

    6. Additional Limitations to Service

    In agreeing to a friends-assisted purchase, you and your friends understand that you are prohibited from using personal messages, gift messages, charm choices or any other materials or information (“Materials”) to transmit information that may be deemed by eCharm to be: unlawful, threatening, harassing, degrading, abusive, hateful, intimidating, defamatory, libelous, invasive of another’s privacy, fraudulent, tortuous, vulgar, obscene, indecent, sexually explicit, pornographic, protected by proprietary right (including, but not limited to copyrights, trademarks and service marks) without the express consent of the owner of such right, or any otherwise objectionable language. eCharm retains the exclusive right, but not the obligation, to determine the status of prohibited language included in Messages. By making a friends-assisted purchase, you understand that eCharm does not specifically control the information transmitted by the Service, and as such, does not guarantee the accuracy, integrity or quality of such Messages. By using the Service, you understand and agree that you may be exposed to information and/or materials authorized by other users that may be offensive, indecent or objectionable.

    You are also prohibited from using the Service to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, including email addresses, about users of the service. Additionally, you are prohibited from harming minors in any way, impersonating any person or entity without limitation; violating the requirements, procedures or policies of the Service’s network; using the Service to distribute or publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services without our express prior written consent, or use the Service in a commercial manner unless expressly allowed by eCharm.

    eCharm reserves the right, but not the obligation, to evaluate Materials before allowing them to be transferred to you or your friends. We reserve the right, at our sole discretion to 1) alter, remove or refuse to print or transmit Materials; (2) disclose Materials to any third party as deemed necessary, including but not limited to (2a) governmental or other agencies to comply with applicable laws; (2b) other parties as needed to comply with valid legal processes or to protect the rights, privacy, safety or property of eCharm, or to enforce the Terms of Service.

    UNDER NO CIRCUMSTANCES WILL ECHARM BE LIABLE IN ANY WAY FOR THE INFORMATION, MATERIALS OR PRODUCTS PROVIDED BY, OR TO, PURCHASERS, FRIENDS, GIFT RECIPIENTS, ANY USER OR THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, LIABILITY FOR ANY ERRORS OR OMISSIONS INVOLVED IN GIFT OR SURPRISE GIFT OPTIONS OR IN ANY MATERIALS OR COMMUNICATIONS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS OR INFORMATION, EMAILED, PRINTED OR OTHERWISE TRANSMITTED VIA THE SERVICE.

    7. Jurisdiction

    This service is operated and controlled by eCharm from the United States, and is not intended to subject eCharm to the laws or jurisdiction of any territory other than that of the United States. eCharm does not represent or warrant that the Service or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access the Service do so at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Service’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and at our sole discretion.

    8. Eligibility

    Use of the Service is void where prohibited. By using this Service, you represent and warrant that you have the right, authority and capacity to enter into this Terms and Conditions of Use agreement and to abide by all its terms and conditions. You must be an individual at least 13 years of age or older to register or to use the Services. We support the active supervision of parents and guardians over the activity of all children under the age of 18 when using the Internet.

    9. Governing Laws and Miscellaneous Terms

    These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and eCharm. These Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state or federal courts located in San Bernardino County in the State of California, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action and you waive any jurisdictional, venue or inconvenient forum objections to such courts. You agree that any claim or cause of action arising out of your use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose (two [2] years for residents of Texas) or it shall forever be barred, notwithstanding any status of limitations or other law to the contrary. Within this period, any failure by eCharm to enforce or exercise any provisions of these Terms or related right shall not constitute a waiver of that right or provision. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. eCharm may assign these Terms, in whole or in part, at any time, with or without notice to you. You may not assign, transfer or sublicense these Terms or any or all of your rights or obligations under these Terms without eCharms express prior written consent. These Terms will inure to the benefit of eCharms successors, assigns and licensees. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. You may not modify these Terms. Without limitation, you agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

    10. Registration with eCharm

    You are required to register with eCharm if you want to do the following:

    • Track an order online;
    • Subscribe to our newsletter;
    • Maintain multiple shipping addresses for easy repeat gift giving;
    • View your order history;
    • View premium content provided by eCharm;
    • Access your account.

    Please note that eCharm may periodically develop and add features to the list above that may require registration, and that not all listed features may be available at any given time. Unless otherwise indicated, you are not required to register with eCharm to make a purchase, to browse our site, or to respond to an eCharm charm selection invitation. You are solely responsible for maintaining the confidentiality of your password and account. You agree not to transfer your email address or password, or lend or otherwise transfer your use of or access to the Service to anyone else. You are solely responsible for any and all activities that occur under your account. You may change your password or any other account information at any time by accessing the Your Account page. You agree to immediately notify us at customercare@echarminternational.com if there is any unauthorized use of your account or any other breach of security related to your account or the Service.

    11. Registration of Friends, Charm Selectors and Gift Recipients

    Friends are not required to register or provide additional personal information to eCharm to choose a charm for you or your specified recipient. To complete a friends-assisted order, the purchaser is required to provide only friends’ email addresses and the associated authorizations as detailed within these Terms. Friends’ charm invitation emails include a temporary login ID and Password (active only during the processing of your order) and no other personal information is required. Friends may choose to include their name and a personal message for the purchaser’s “eCharm Friends™" booklet that identifies each friend’s charm choice. Should a friend decline to include their name with or without a personal message, their charm choice will be identified by their email address only. Friends will receive a confirmation email upon choosing their charm; additional emails may be generated as needed to complete a friends-assisted purchase or to comply with these Terms. Friends may decide to visit our website and register directly with eCharm, however this is entirely voluntary. Gift recipients are not required to register with eCharm to receive the benefits of the Service as authorized by the purchaser and as detailed within these Terms. We do not share any personally identifiable information about your friends except in extremely limited circumstances. (See #21 below for our full Privacy Policy.)

    12. Ordering, Prices, Shipping and Delivery

    All prices displayed on eCharm are in U.S. dollars. eCharm may restrict delivery to addresses inside the United States. eCharm will add shipping and/or handling fees and applicable sales/use tax according to the shipping address. eCharm reserves the right without prior notice to discontinue or change specifications and prices on products and services offered on www.echarminternational.com without incurring any obligation to you. Products displayed on this site are available while supplies last. The receipt by you of an order confirmation does not constitute eCharm’s acceptance of an order, verification of information may be required. eCharm reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from eCharm, for any reason. eCharm reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification. In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error, eCharm shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, eCharm shall promptly issue a credit to your credit card account in the amount of the incorrect price.

    At this time, eCharm International ships merchandise to locations within the United States and U.S. territories, including Alaska, Hawaii, Puerto Rico, Guam, and the US Virgin Islands. Additionally, eCharm International ships merchandise to the United Kingdom and other international locations. The risk of loss and title for all merchandise ordered on this Web site pass to you when the merchandise is delivered to the shipping carrier. Customs and import duties may be applied to International orders when the shipment reaches its destination. Such charges are the responsibility of the recipient of your order and vary from country to country. Contact your local customs office for details. Shipping laws are different in each country. It is your responsibility to check with your Customs office to verify whether the country to which you are shipping permits the shipment of your products. eCharm International is not responsible for any direct, indirect, punitive, or consequential damages that arise from improper international shipping practices.

    13. Purchase and Return Policy

    You may purchase merchandise from this Web site by using any one of the payment options. eCharm International reserves the right to change its payment procedures at any time without prior notice to you.

    Returns 

    eCharm International hopes you will enjoy our high-quality, unique jewelry for years to come. However, if you are not 100% satisfied, we will refund your purchase if the following apply:

    1. Within 30 days of the delivery date, the item(s) are shipped to the location indicated on the packing slip, along with a card which includes your name, order number, contact phone number and email address.

    2. Item(s) must be returned in their original, new condition. All eCharm returns must be shipped in their original jewelry box (if applicable), and its cardboard box protector. 

    We will notify you by email when your package has been received and forwarded for processing. You will receive a confirmation email once the process is complete. Our goal is to process all refund requests within 48 hours.

    If you have questions about a return, please feel free to call us at 760-217-4568, or email us at customercare@echarminternational.com.

    We would like to hear from you if there is anything we can do to make your purchase a valued item, not a disappointing return. Our goal is always your 100% satisfaction.

    14. Third Party Sites

    Links to other Internet sites operated by third parties, included within the scope of our services (including, but not limited to: invitations, general communications, or websites) do not constitute sponsorship, endorsement, or approval by eCharm of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by eCharm, and eCharm is not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk.

    15. Trademarks and Copyrights

    The “eCharm International” name and logo, the "eCharm Friends Bracelet”, "eCharm Friends Jewelry", "World of eCharm", eFriends Jewelry”, "eFriends Bracelet", "eCharmUSA" and "eCharmUK" names are trademarks of eCharm International. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained in the Service shall be construed as granting by estoppel, implication or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent. All content appearing on this Web site is the property of: eCharm International
, P.O. Box 946, 
Joshua Tree, CA 92252, 
Copyright © 2013-2019 eCharm International. All rights reserved. As a user, you are authorized only to view, copy, print, and distribute documents on this Web site so long as (1) the document is used for informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright © 2013-2019 eCharm International. All rights reserved.

    16. eCharm Mobile

    You may access the Service on your mobile browser. eCharm does not charge for Services rendered on mobile phones, however standard or other charges may apply from your mobile carrier. Please check your plan to make sure.

    17. Disclaimer of Warranties

    YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ECHARM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AS TO THE OPERATION OF THE SERVICE, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED IN THE SERVICE. ECHARM MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. ECHARM MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU ACKNOWLEDGE THAT ECHARM DOES NOT CONTROL CONTENT, INFORMATION, PRODUCTS OR SERVICES OFFERED BY FRIENDS, GIFT RECIPIENTS, ADVERTISERS, THIRD PARTIES OR OTHER USERS ON OR THROUGH THE SERVICE, INCLUDING, BUT NOT LIMITED TO, INFORMATION, PRODUCTS, OR SERVICES PROVIDED BY LICENSE TO ECHARM FROM THIRD PARTIES OR MATERIALS PROVIDED BY OTHER USERS. ECHARM ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, USEFULNESS OR DECENCY OF THE SERVICE, OR CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES (INCLUDING BUT NOT LIMITED TO ADVERTISERS AND USERS) THROUGH THE SERVICE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INACCURACIES OR ERRORS INCURRED BY YOUR USE OF ANOTHER PERSON’S EMAIL ADDRESS OR NAME, OR BY THE INFORMATION OR CHARM CHOICES MADE BY A USER YOU HAVE AUTHORIZED, BY PROVIDING THEIR EMAIL ADDRESS, NAME OR CONTACT INFORMATION TO ECHARM.

    18. Limitation of Liability

    YOU EXPRESSLY AGREE THAT ECHARM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF ECHARM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE (I) USE OR THE INABILITY TO USE THE SERVICE; (II) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (III) ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR CONTENT RECEIVED OR TRANSACTIONS ENTERED INTO WITH ECHARM OR A THIRD PARTY THROUGH THE USE OF THE SERVICE; (IV) INACCURACY OF ANY INFORMATION OBTAINED FROM USE OF THE SERVICE OR RELIANCE ON SUCH INFORMATION; (V) UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR ALTERATION OF YOUR ACCOUNT OR DATA. YOU SPECIFICALLY AGREE THAT ECHARM IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY UNLAWFUL, HARASSING, DEFAMATORY, ABUSIVE, THREATENING, HARMFUL, VULGAR, OBSCENE, SEXUALLY EXPLICIT OR OTHERWISE OBJECTIONABLE CONDUCT OR SPEECH OF ANY OTHER PARTY ON OR THROUGH THE SERVICE, OR FOR ANY INFRINGEMENT OR VIOLATION OF YOUR RIGHTS BY ANY OTHER PARTY, INCLUDING, BUT NOT LIMITED TO, INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY; OR (VI) COMPLAINTS OR ACTIONS BY FRIENDS OR GIFT RECIPIENTS ARISING FROM YOUR AUTHORIZATIONS FOR ECHARM TO ACT IN YOUR BEHALF IN A FRIEND-ASSISTED OR GIFT PURCHASE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.

    19. Indemnification

    You agree to defend, indemnify, and hold harmless eCharm, eCharm’s vendors, and their affiliates and related entities and their respective directors, officers, employees, consultants, assigns and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys' fees and court costs), arising out of or relating to your breach of these Terms or your access to or use of eCharm. The foregoing indemnification obligation shall survive termination of these Terms and eCharm and any product or service provided to you arising out of or relating to your use of eCharm.

    20. Information or Complaints

    Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Service, please send an email to customercare@eCharmInternational.com. You may also contact us by writing to eCharm International, P.O. Box 946, Joshua Tree, CA 92252, Attention: Customer Service. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

    ____________________________________________________________________________________

    21. Privacy Policy

    Information We Collect

    When you visit the eCharm website we only collect personally identifiable information (name, email address, phone number, mailing address, etc.) if you provide it to us, or it has been provided to us through an authorized friends-assisted purchase. This information may include inquiries through our customer care contact page, orders for a friend-assisted purchase, registration on our site, placement of an order, subscription to our emails or newsletters, response to a survey or fill out a form on the eCharm’s website in order to post comments on products or interact with us in any other way, including contest entries. You may, however, visit our site anonymously. In addition, we may also use other data for market research, advertising and promotional purposes. When you provide personal information through our Service, the information may be sent to servers located in the United States and other countries around the world.

    We do not share any of the personal information you provide to us with any third party other than service providers of ours who assist us in providing the information and/or services we are providing to you. To the extent that we do share your personal information with a service provider, we would only do so if that party has agreed to comply with our privacy standards as described in this privacy policy.

    Information About Others 

    We may also collect and store personal information about other people that you provide to us, including email address, street address, city, state and zip code and/or other information. If you use our website to make a friend-assisted purchase, or to send other people a gift, information that may interest them, invitations or correspondence, or other communications through our system, we may store your personal information, and the personal contact information of each such recipient. We may store information specific to a friends-assisted transaction, such as charm choices, and personal and gift messages. We use friends contact information to allow them to respond to and comment on your eCharm friends-assisted charm selection invitation. We also may send post-charm selection communications to friends in a friends-assisted purchase, or to a recipient in a gift transaction. Other than as described in this Policy we will not intentionally sell or otherwise disclose guest contact information you submit to any third party. We may also collect guests' contact information in order to provide certain services through our Site.

    Information from Social Network Services (including Facebook)

    Any non-personal information, communications and material you send to this site or to us by email are on a non-confidential basis. eCharm can use or copy all that information including any ideas, inventions, concepts or techniques disclosed therein, for any purposes. Such purposes may include disclosure to third parties and/or developing, manufacturing and/or marketing goods or services. Any information you send to this site must be truthful, not violate the rights of others, and be legal. Uses of Information Any of the information we collect from you may be used to: personalize your experience, improve our website, improve our customer care, process transactions, administer a contest, promotion, survey or other site features, and send periodic emails. Your information, public or private, will not be sold, exchanged, transferred or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the product or service purchased. Information provided by you for a friend-assisted purchase, including friends’ and gift recipient email addresses and names, are fully covered by this privacy policy.

    Protection of Information

    We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information. We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential. After a transaction, your private information (including credit cards information) will not be stored on our servers.

    Use of Cookies

    Cookies are small files that a site or its service provider transfers to your computer's hard drive through your web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information. We use cookies to help us remember and process the items in your shopping cart, understand and save your preferences for future visits and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. We may contract with third party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business. If you prefer, you can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies via your browser settings. Like most websites, if you turn your cookies off, some of our services may not function properly. However, you can still place orders by contacting customer care at customercare@echarminternational.com.

    Information Disclosure

    We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

    User-generated Content and Public Profile Features

    Our website may contain interactive areas where website users might submit comments or other content (including information about the user that might be displayed in the user's public profile within an online community) that may be posted on the website or otherwise published. Users who do this should be aware that when they voluntarily disclose personally identifiable information (e.g., name, email address, etc.) in content submitted for posting or publication, the information can be read and used by others. This may result in unsolicited messages from other posters or parties. We make no representations and undertake no obligations as to the security or use of information you voluntarily include when submitting content.

    Links to Other Websites

    Our website may contain links to websites of our subsidiaries and affiliates, and to websites owned by third-parties. These other websites have their own privacy policies and are not governed by the eCharm Privacy Policy. We are not responsible for the content on said sites, nor the privacy practices or the content of websites owned and operated by any such third parties. Other websites may collect and treat information collected differently, so we encourage you to carefully read and review the privacy policy for each website you visit.

    Children’s Privacy

    eCharm is a general audience website, and we do not knowingly collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.

    Visiting Our Website From Outside The United States

    This Privacy Policy is intended to cover collection of information on our website from residents of the United States. If you are visiting our website from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. Please be assured that we seek to take reasonable steps to ensure that your privacy is protected. By using our services, you understand that your information may be transferred to our facilities and those third parties with whom we share it as described in this privacy policy.

    Online Privacy Policy Only

    This online privacy policy applies only to information collected through our website and not to information collected offline.

    Your Consent

    By using our site, you consent to our privacy policy. Changes to our Privacy Policy If we decide to change our privacy policy, we will post those changes on this page, and/or update the Privacy Policy modification date below.

    This Privacy Policy was last modified on December 8, 2018. ____________________________________________________________________________________

    Contacting Us: If there are any questions regarding this privacy policy you may contact us using the information below.

    eCharm International, PO Box 946, Joshua Tree, California, United States of America customercare@echarminternational.com   760-221-3977

    These Terms and Conditions were last modified on December 8, 2018.