These terms and conditions (“Agreement”) sets forth the general terms and conditions of your use of the crystalgardenworld.com website (“Website” or “Service”) and any of its related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and CRYSTAL GARDEN (“CRYSTAL GARDEN”, “we”, “us” or “our”). By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services. You acknowledge that this Agreement is a contract between you and CRYSTAL GARDEN, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.

Accounts and membership

You must be at least 18 years of age to use the Website and Services. By using the Website and Services and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age.

If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

Billing and payments

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Sensitive and private data exchange happens over a SSL secured communication channel and is encrypted and protected with digital signatures, and the Website and Services are also in compliance with PCI vulnerability standards in order to create as secure of an environment as possible for Users. Scans for malware are performed on a regular basis for additional security and protection. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

Our Products. 

Products. We do our best effort to ensure that all the descriptions of our products are accurate. In our photos we try to try to capture each stone/crystal/product  to reflect their natural color and formation or material as closely as possible.   As a creation of nature,  they can have imperfections and variations.  Photos may not reflect stone/crystal or product actual size, they can be larger or smaller than their actual size. We have made every effort to display as accurately as possible the colors and images of our products that appear in the WEBSITE.  We cannot guarantee that your computer monitor’s display of any color will be accurate. 

Measurements are detailed in the description of our stone/crystal/products. Small differences in item weights may result from differences in calibration of equipment. Please consider these when making your purchase.

Quality Guarantee.  CRYSTAL GARDEN takes pride in offering the highest quality of crystals, stones, products, etc. offered to our clientele.  All of our products shown are of A Grade Quality, or higher, unless otherwise stated.

All products advertised in both the webpage, and the physical store, are personally chosen, picked and curated to be of the utmost quality, beauty and energy. The team at CRYSTAL GARDEN is committed to traveling the world in search of the best crystal and mineral specimens on the market, ensuring that all of our manufacturers and suppliers are of the highest standard, of ethical sourcing and work, committed to the preserving and honoring of nature, practices and history. 

Please note you will not receive the exact crystal that is shown in some product photographs.  You will receive a crystal that is of very similar weight, size and look and formation, unless otherwise stated, in which case it will be properly marked and stated in product information, that you will receive that exact, unique, piece.  

All of our products are natural stones/crystals/items made of natural stones and the many variations of the stones result in  different shades of colors and characteristics. As natural objects  they may have slight variations in texture, formation, pattern, and/or color on the item you receive.

Information available.  CRYSTAL GARDEN does not guarantee or guarantee the accuracy, suitability, integrity or veracity of any type of information available on the WEBSITE, including that obtained from CRYSTAL GARDEN itself. The User agrees and assumes all risks associated with the use of any content, including the veracity, completeness, integrity or usefulness thereof, among others related to the content. CRYSTAL GARDEN is exempted from all responsibility for the use of said information and the User(s) waives any claim against CRYSTAL GARDEN.

Accuracy of information

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or Services has been modified or updated.

Third party services

If you decide to enable, access or use third party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against CRYSTAL GARDEN with respect to such other services. CRYSTAL GARDEN is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective platforms. By enabling any other services, you are expressly permitting CRYSTAL GARDEN to disclose your data as necessary to facilitate the use or enablement of such other service.

Advertisements

During your use of the Website and Services, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Website and Services. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party.

Links to other resources

Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website and Services. Your linking to any other off-site resources is at your own risk.

Prohibited uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.

Restrictions.  The User is specifically restricted from  all of the following:

• To publish any WEBSITE material in any other media;
• To sell, sublice and/or otherwise commercialize any WEBSITE material
• Publicly performing and/or showing any WEBSITE material;
• To use this WEBSITE in any way that is or may cause  a damage to this WEBSITE or the Name of Crystal Garden
• To use  this WEBSITE in any way that impacts other User´s access to this WEBSITE
• To use this WEBSITE contrary to applicable laws and regulations, or in any way harm the WEBSITE, or to any person or business entity;
• To engage in any data mining, data harvesting, data extracting or any other similar activity in relation to this WEBSITE;
• To use this WEBSITE to engage in any advertising or marketing activity or business.
• To allow the use of HTML codes by a third party
• To collect and use the descriptions of products
• Any intent to modify data, translate or convert the computer programs or formats of the WEBSITE or the content of the same.
• To copy, imitate, replicate of their use in mirror servers, to reproduce, distribute, publicy, distribute, download, show or transmit any WEBSITE content (including trade marks) in any form or by any other mean, this restriction include but is not limited to electronic or mechanical, photocopy, recording or any other means. 
• To Forge any TCP / IP header or any part of the header information in any email or newsgroup.
• To Attempt or to carry out fraudulent activities, including, without limitation, the falsification of identities or forms of payment.
• All registration and billing information provided must be true and accurate. Providing any false or inaccurate information constitutes a breach of these TERMS AND CONDITIONS
• The User agrees by confirming the  purchase and completing the payment process, to accept and pay for the items ordered, as well as the billing information provided to the WEBSITE.  Violations of the safety net or system can give rise to civil or criminal liability. CRYSTAL GARDEN will investigate the occurrences that may involve such violations, as well as cooperate with the authorities in the persecution of the User who violate such stipulations.
• By using the  WEBSITE, the User agrees not to use any device or software to interfere or attempt to interfere with the correct use of the WEBSITE or any activity carried out on the WEBSITE..  The User is obliged on the WEBSITE not to use or try to use any machine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the WEBSITE other than the search reason and search agents available from the WEBSITE  and other third-party browsers that are generally available (eg, Google, Chrome or Microsoft Explorer).

Intellectual property rights

“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by CRYSTAL GARDEN or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with CRYSTAL GARDEN. All trademarks, service marks, graphics and logos used in connection with the Website and Services, are trademarks or registered trademarks of CRYSTAL GARDEN or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of CRYSTAL GARDEN or third party trademarks.

Trademark Information.  The trademarks and registered names of CRYSTAL GARDEN, as well as any other trade names or distinctive signs, are the property of CRYSTAL GARDEN. The User is expressly prohibited from displaying or using the trademarks owned by CRYSTAL GARDEN in any way.

Access to information. The User agrees that CRYSTAL GARDEN, at its own discretion, may access, retain, reveal, delete and modify the information in the User´s account and all content found on the WEBSITE.

Interconnection with other WEBSITES

This WEBSITE may be interconnected with other WEBSITEs by the very nature of this WEBSITE; specifically, it may be interconnected with FACEBOOK, TWITTER, INSTAGRAM or other similar WEBSITES. In such cases, the User must know and accept the terms and conditions, privacy policies and general policies for the use of said other or similar WEBSITES. In case of accepting and accessing these WEBSITES, the Use is responsible for the use of the content of User´s  information on said WEBSITES, which will be interconnected with this WEBSITE.

 CRYSTAL GARDEN recognizes that FACEBOOK, TWITTER, INSTAGRAM are registered trademarks of their true owners and that the use or only naming of them in this document does not imply an improper use of them, in accordance with the general guidelines, and the terms and conditions of FACEBOOK, TWITTER and INSTAGRAM or others similar.

User’s responsibility for uses and content

Both the access, the use of the WEBSITE, as well as the use of the information and contents included therein, will be the sole responsibility of the User. Therefore, the use that may be made of the information, images, content and/or products offered and accessible through it, will be subject to the applicable law, as well as the principles of good faith and lawful use by the User, this being entirely responsible for said access and correct use.

The User is solely responsible for any information, data, text, photography, video, music, sound, software or any other type of work or expression that the User publishes or transmits on the WEBSITE, as well as on the WEBSITES where the User is interconnecting, such as FACEBOOK, TWITTER or INSTAGRAM, etc.

The User agrees to comply with all applicable local, national and international regulations and is solely responsible for all acts and omissions that occur in relation to the User´s account, registration or password, and in relation to the information or material that is included in the User´s account.

 The User is prohibited from carrying out any type of activity to the detriment of CRYSTAL GARDEN or third parties. Use of the WEBSITE for illegal, unauthorized or prohibited purposes is strictly prohibited. 

Without being considered an exhaustive or limiting list, the following is prohibited:

1. Any form of violation of the rights of third parties regarding their privacy, honor, own image, secrecy in communications, intellectual and industrial property or protection of personal data.
2. To publish, disclose, advertise, refer to or distribute any material, matter or information with illegal, obscene, pornographic, abusive, defamatory, misleading, racist content, against morals, good customs, or public order.
3. To Introduce any type of computer virus, defective files, or any other software or computer program that may cause damage or unauthorized alterations to the content, programs or systems accessible through the WEBSITE.
4. To Alter or intervene by fraudulent means personal web pages or emails of other User´s  without the proper authorization, as well as to send emails with a massive and/or repetitive nature, and to send email addresses of third parties without their due consent.
5. To use in an improper or inappropriate way, with respect to the normal operation and purpose, those services or contents that may be provided by CRYSTAL GARDEN such as chats, blogs, newsgroups, forums, etc.
6. To defame, insult, harass, stalk, threaten or otherwise infringe the rights of third parties (such as the right to privacy or to one’s own image).
7. To publish, distribute or disseminate any inappropriate, sacrilegious, defamatory, illicit, obscene, indecent, racist information or material that induces violence or that may be considered illegal.
8. Advertise or offer the sale or purchase of any products or services, except under the conditions established on the WEBSITE.
9. To collect or in any other way, collect information about third parties, including their email addresses, without their consent, as well as provide third-party email addresses
10. To use, download or copy in any other way, as well as provide (for free or not) to a person or entity that is not a User of the services or contents any directory of the User of the services or contents or any other relative information to User or to their use outside the context of normal use in accordance with these conditions of use.
11. To Attempt to gain unauthorized access to services or content, to other accounts, to computer systems or to networks connected to them, through automatic password searches or by other means.
12. To Interfere with the use or enjoyment of the services or content by other User or with the use or enjoyment of similar content by other people or entities.
13. To carry out any action on the WEBSITE that involves the transmission of any harmful, harmful or simply unsolicited computer program.
14. To reproduce in whole or in part on the WEBSITE, its headers or in any other way manipulate identifiers to divert the origin of any content transmitted through the Service.
15. To include, publish, send by email, transmit, or in any other way make available any content which you do not have the right to transmit by law or under a contractual or fiduciary relationship (such as internal, proprietary and confidential information acquired or delivered as part of employment relationships or under confidentiality contracts).
16. To upload, publish, email, transmit, or otherwise make available any content that violates any patent, trademark, trade secret, copyright or any property right (“Intellectual Property Rights”) of any third party .
17. To interfere with or interrupt the WEBSITE, its servers, or networks connected to the WEBSITE, or disobey any requirement, procedure, policy or regulation of networks related to the WEBSITE.

The User acknowledges that CRYSTAL GARDEN has full and absolute discretion to preselect, reject, remove and/or modify any content on the WEBSITE. Likewise, it will not be liable before the User or to any third party for damages, infractions, crimes, contraventions or any other kind of illicit act that may be committed, whether it concerns to intellectual property rights, honor and reputation of people, their personal data, credit information, consumer rights, or any other right that could be violated as a result of misuse of the WEBSITE by the User.

Disclaimer of warranty

You agree that such Service is provided on an “as is” and “as available” basis and that your use of the Website and Services is solely at your own risk. We expressly disclaim 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. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any 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 understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

Limitation of liability

To the fullest extent permitted by applicable law, in no event will CRYSTAL GARDEN, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of CRYSTAL GARDEN and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to CRYSTAL GARDEN for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

In no event shall CRYSTAL GARDEN nor any of its shareholders, related companies, directors, officers, executives, managers and employees be held liable for anything arising out of or in any way connected with the User’s use of this WEBSITE whether such liability is under contract.  CRYSTAL GARDEN, nor any of its shareholders, related companies, directors, officers, executives, managers and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to the User´s use of this WEBSITE.

The User acknowledges that CRYSTAL GARDEN does not assume any responsibilities, whether direct or indirect, foreseen or unforeseen, for any type of damage, whether emergent or loss of profit, derived from the misuse of the WEBSITE or its contents made by the User or third parties.

The User expressly accepts that CRYSTAL GARDEN will not be responsible for the damages caused as a result of the failure or any discontinuity in the WEBSITE.

 The User expressly accepts that CRYSTAL GARDEN will not be responsible for unauthorized access, copies, alterations or deletions of data that third parties may make on the WEBSITE, nor for their consequences and/or damages.

 The User acknowledges and accepts that CRYSTAL GARDEN will not be responsible for the services or third parties that may provide links or links from the WEBSITE, nor for the products or goods that are advertised therein.

Indemnification

You agree to indemnify and hold CRYSTAL GARDEN and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any willful misconduct on your part.

Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Dispute resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Panama without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Panama. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Panama, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Assignment

You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.

Changes and amendments

We reserve the right to modify this Agreement or its terms relating to the Website and Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website and Services after any such changes shall constitute your consent to such changes.

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.

Applicable legislation

These Terms and Conditions, as well as the relationship between the User and CRYSTAL GARDEN, are governed by the laws of the Republic of Panama.

The User(s) and CRYSTAL GARDEN agree to submit to the jurisdiction of an Arbitration Court according to the Arbitration rules of the Republic of Panama. For this reason, both the User(s) and CRYSTAL GARDEN agree that any litigation or controversy arising from, or related to the use of the WEBSITE, as well as the interpretation, application, execution and termination thereof, including but not limited to the policies of use of the WEBSITE and the Terms and Conditions of use of the WEBSITE, must be resolved by means of Arbitration, after an attempt at Conciliation, by the Panama Conciliation and Arbitration Center, in accordance with its rules of procedure.

The User knows that the use of the WEBSITE and its services or contents is prohibited in all jurisdictions that do not recognize the effectiveness of these Terms and Conditions.

The use that the User  makes of the WEBSITE will not establish between the User and CRYSTAL GARDEN a relationship of the type of consumption.

Contacting us

If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may do so via the contact form or send an email to info@crystalgardenworld.com