Terms and Conditions

Effective Date: January 17, 2025

Address: 810 Vendola Dr, San Rafael, California

Phone Number: 415-472-1613

Email: info@shimmergemm.com

Website: shimmergemm.com

1. Introduction

Welcome to shimmergemm.com! These Terms and Conditions (“Terms”) govern your access to and use of the ShimmerGemm website and all related services, products, and content (collectively, the “Services”). By accessing or using our Services, you agree to be bound by these Terms, as well as our Privacy Policy. If you do not agree with these Terms or our Privacy Policy, please do not access or use the Services. ShimmerGemm (“we,” “us,” or “our”) reserves the right to modify these Terms at any time. Such modifications will be effective immediately upon posting on our website. Your continued use of the Services after such modifications constitutes your acceptance of the revised Terms.

2. Use of the Services

2.1. Eligibility: You must be at least 18 years old to use our Services or to make a purchase. By using the Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.

2.2. Account Registration: To access certain features of the Services, you may need to create an account. You are responsible for maintaining the confidentiality of your account login information and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. We are not liable for any loss or damage arising from your failure to protect your account information.

2.3. Prohibited Activities: You agree not to:

  • Use the Services for any unlawful purpose.

  • Violate any applicable laws or regulations.

  • Impersonate any person or entity, or misrepresent your affiliation with any person or entity.

  • Use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express written consent.

  • Disrupt, interfere with, or damage the Services, or any associated networks or systems.

  • Attempt to gain unauthorized access to any portion of the Services, or any other systems or networks.

  • Post, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.

  • Infringe any intellectual property rights, including copyrights, trademarks, or patents.

  • Engage in any fraudulent or deceptive activities.

  • Transmit or upload any viruses, malware, or other harmful code.

3. Product Information and Availability

3.1. Accuracy: We strive to ensure that product descriptions, pricing, and other information provided on the Services are accurate. However, we do not guarantee that all such information is error-free. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.

3.2. Product Availability: The availability of products is subject to change without notice. We cannot guarantee that all items displayed on the Services will be available at all times. If an item you have ordered is unavailable, we will notify you and may offer alternatives or a refund.

3.3. Color and Appearance: We have made every effort to display the colors and appearances of our products as accurately as possible. However, the actual colors you see may vary depending on your monitor or device settings.

4. Pricing and Payments

4.1. Prices: All prices displayed on the Services are in U.S. Dollars unless otherwise stated and are subject to change without notice. Prices do not include shipping costs or applicable taxes.

4.2. Payment Methods: We accept various payment methods as indicated on our website. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services.

4.3. Taxes: You are responsible for all applicable sales taxes, duties, and any other governmental charges associated with your purchase.

4.4. Billing: By placing an order, you authorize us to charge your chosen payment method for the total amount of your order, including shipping, taxes, and any other applicable fees.

5. Shipping and Delivery

5.1. Shipping Policy: We ship to the addresses provided by the customer. We are not responsible for delays due to incorrect addresses or circumstances beyond our control, including but not limited to, weather, carrier delays, or customs clearance.

5.2. Delivery Times: Estimated delivery times are provided for your convenience but are not guaranteed. We strive to process and ship orders promptly, but actual delivery times may vary depending on the shipping carrier and your location.

5.3. Shipping Costs: Shipping costs will be calculated at the time of checkout and are the responsibility of the customer unless otherwise specified in a promotion.

5.4. Risk of Loss: The risk of loss or damage to products passes to you upon our delivery of the items to the shipping carrier.

6. Returns and Exchanges

6.1. Returns Policy: We accept returns of unused and undamaged items within a specified time period after the delivery date. Please refer to our Sales Policy for detailed information regarding the return window and how to initiate a return.

6.2. Return Conditions: Items must be returned in their original packaging, including any accompanying certificates, warranties, or other materials. You are responsible for return shipping costs unless the return is due to our error.

6.3. Refunds: Upon receipt of your returned item and verification that it meets the return conditions, we will issue a refund to your original payment method. Please allow a reasonable processing time for refunds.

7. Intellectual Property

7.1. Ownership: All content included on the Services, including but not limited to, text, graphics, logos, images, videos, and software, is the property of ShimmerGemm or its licensors and is protected by copyright, trademark, and other intellectual property laws.

7.2. Limited License: We grant you a limited, non-exclusive, non-transferable license to access and use the Services for your personal, non-commercial use only. You may not copy, modify, distribute, sell, or otherwise exploit any content from the Services without our express written consent.

7.3. Trademarks: The ShimmerGemm name and logo are trademarks of ShimmerGemm. You may not use our trademarks in connection with any product or service that is not offered by ShimmerGemm, or in any manner that is likely to cause confusion.

8. Limitation of Liability

To the fullest extent permitted by applicable law, ShimmerGemm, its affiliates, directors, officers, employees, agents, suppliers, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, use, goodwill, or other intangible losses, arising out of or in connection with your use of the Services. Our total liability to you shall not exceed the amount you paid for the products or services in question.

9. Indemnification

You agree to indemnify, defend, and hold harmless ShimmerGemm, its affiliates, directors, officers, employees, agents, suppliers, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising from or in connection with: (a) your use of the Services; (b) your breach of these Terms; (c) your violation of any applicable law or regulation; or (d) your violation of any third-party rights.

10. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any dispute arising from or relating to these Terms or your use of the Services shall be subject to the exclusive jurisdiction of the state and federal courts located in San Rafael, California.

11. Contact Information

If you have any questions about these Terms, please contact us at:

Address: 810 Vendola Dr, San Rafael, California

Phone Number: 415-472-1613

Email: info@shimmergemm.com

Website: shimmergemm.com