TERMS AND CONDITIONS
This website is operated by baolan. Throughout the site, the terms “we”, “us” and “our” refer to baolan. baolan offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
For example, we may at any time, without notice and without liability, do the following if any of the following occur.
a. temporarily or permanently change, suspend or terminate the operation of the Site or any part of the Site, for any reason.
b. change or modify the Site or any part of the Site, and any applicable policies or terms and conditions.
c. interrupt the operation of the Site or any part of the Site as necessary to perform routine or non-routine maintenance, error correction, or other changes.
d. Change, remove or discontinue any design, product, service or promotion (including pricing) of any jewelry or other item displayed on the Site without notice.
e. change or discontinue any promotional discount coupons or voucher codes without notice.
Please note that your continued use of the Site after the change constitutes your acceptance of the change. baolan shall not be liable to you or any third party for any change, interruption or discontinuation of the content of this site.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We 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. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
You agree that your use of the site and services is at your own risk. To the fullest extent permitted by law, baolan and its operators, affiliates, directors, officers, employees, licensors, distributors, suppliers, agents, resellers, owners, or operators, expressly or impliedly, represent and warrant that their use of the Site, the Services, and your use of the All relevant warranties and conditions are hereby disclaimed.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
You agree to bear all risks associated with the use of your Submissions, including reliance on the accuracy, completeness and usefulness of your Submissions.All User Submissions posted to the Site are made at the sole risk of the submitter and any damages incurred by you as a result of your User Submissions will be at your own risk.baolan assumes no responsibility for any user postings that are posted.You are responsible for your Submissions and for the consequences of posting or publishing them on the Site.You retain all ownership of your User Submissions. By uploading User Submissions, you grant baolan and other third parties a non-exclusive, non-exclusive, license to use and re-share User Submissions, including photos and videos shared on social platforms using the baolan-branded hashtag, to Perpetual, sublicensable rights are granted.baolan, #baolanpartner, #baolanjewelry, #bao--lan.com, #baolan_official, #baolan_fine, and #baolan_solidgold (collectively, the "baolan Hashtags"), but Including, but not limited to, those tagged with the @baolan_official account.You acknowledge and agree that User Submissions may be used in physical or digital spaces owned by baolan, such as retail stores, email, social platforms, digital or physical advertising, and bao--lan.com.You also authorize the use of your name and social media handles for the purpose of identifying you, advertising in connection with the Site and Services, and for similar promotional purposes.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website 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 in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its 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 Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
The following code of conduct applies to your use of the Site and to any material posted on the Site, including any user submissions you may make to the Site.You must not, in connection with the Site, do any of the following.Upload, post, email or otherwise transmit any illegal or stolen material.Violate any personal privacy or publicity rights or misrepresent facts.Violate or encourage others to violate any applicable law, statute, ordinance or regulation.Promote software or services that deliver unsolicited email or contain viruses, Trojan horses, worms, time bombs, cancelbots, or other similar harmful programming routines.You may not use the Site to upload, post, email or otherwise transmit any user submissions, including telephone numbers, addresses, names, URLs or email addresses.Engage in any commercial activity with any third party on the Site.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall baolan, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content,content errors and content inaccuracies, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
We will not be liable to you for any direct, indirect, incidental, special, punitive or consequential damages resulting from (i) any error errors, or inaccuracies in the content; (ii) personal injury or property damage of any nature arising from your access and use of our site; (iii) any unauthorized access to or use of our secure servers and/or any personal information stored therein; (iv) any interruption or cessation of transmissions to or from the Site; (v) any bugs, viruses, Trojan horses, etc. that may be transmitted to the Site by any third party; and/or (vi) any errors or omissions in or omissions in the Content or in any postings, emails, transmissions, through the Site or otherwise made available, we will not be liable for any loss or damage of any kind, whether based on warranty, contract, tort, or any other legal theory, and whether or not we have been advised of the possibility of such damage.
You expressly acknowledge that baolan is not responsible for any defamatory, offensive or unlawful conduct of any user's postings or of any third party, and that the risk of damage from the foregoing conduct is entirely with you.
This site is controlled and provided from baolan's facilities in Japan. We make no representations as to the suitability of this site for use in other jurisdictions. Those who access or use the Site from other jurisdictions do so on their own initiative and are responsible for compliance with local laws.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless baolan and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, damages, duties, losses, liability and costs, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party (including claims that your user-submitted material has caused damage to third parties).
SECTION 15 - SEVERABILITY
SECTION 16 - TERMINATION
baolan may immediately terminate your baolan account and your access to the Site and other baolan services without prior notice. Reasons for termination shall include the following.
(a) a violation of the Terms of Service or other terms and guidelines; (b) a request from law enforcement or other governmental agencies; (c) a request from you (if you delete your account yourself); (d) discontinuation or substantial changes to the Site (or any part thereof); (e) unforeseen technical or security issues or problems; (f) prolonged suspension; (g) fraudulent or illegal activity by you; and (h) non-payment of any fees owed by you in connection with the Site or any baolan product.
Termination of your baolan account may include all or part of the following (a) removal of your access to all pages within the Site; (b) deletion of your password and all related information, files and materials, including any user submissions (or portions thereof) associated with or in connection with your account; and (c) prohibition of your use of the Site. You also agree that we will not be liable to you or any third party for any termination of your account, email address, or access to the Site, even if your account, email address, or access to the Site is terminated.
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
You agree that any action arising out of or in connection with the Site must be commenced within one year after the cause of action accrues. Otherwise, such cause of action will be permanently barred.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Japan. This site is controlled from our office in Japan. This site can be accessed from all prefectures of Japan and from all countries of the world. By accessing this site, you agree that all matters relating to your access to this site or your use of this site or any other hyperlinked website shall be governed by the laws of Japan. You also agree and hereby submit to the non-exclusive personal jurisdiction and venue of the courts of Japan, and you voluntarily acknowledge that you will do so and are responsible for complying with all local laws.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - PURCHASE
baolan will provide you with information about our products and allow you to order its products. The acceptance of an order and the formation of a contract between you and baolan (the "Contract") is established when you pay in full or in part at the time of checkout. In the case of orders placed at our retail outlets, the Contract of Sale is formed upon payment in full or in part.
You agree to pay the amount indicated at the time of purchase, as well as any applicable taxes and fees.
SECTION 21 - SITE INTELLECTUAL PROPERTY AND CONTENT
The content on the Site (defined below) includes text, trademarks, slogans, graphics, photographs, and interactive features created by and for baolan, the Journal on the baolan site (collectively, the "Content"), related copyrights, All intellectual property rights, including trademarks, logos and other intellectual property rights ("Marks"), and copyrights and design rights in product designs, are owned by or licensed to baolan as subject to copyright and other intellectual property rights.
The content on this site is provided "as is" for your information and personal use only, and we make no warranties whatsoever with respect to the content.
You may not use, reproduce, reprint, transmit, broadcast, display, distribute, sell, license or otherwise exploit the Content on the Site except as expressly authorized. baolan does not warrant that the Site and the Content on the Site are free of any material that is not expressly granted All rights reserved.
You agree not to circumvent, disable, or otherwise interfere with any security-related features of the Site or any features that prevent or restrict your use or copying of the Content or limit your use of the Site or the Content. You are prohibited from accessing the Site or using the Services for the purpose of creating competing products or services.
You acknowledge and agree that any questions, comments, suggestions, ideas, plans, notes, drawings, original or creative material, or other information about the Site or the Services ("Feedback") are not confidential and shall become our exclusive property.
You assign to us the exclusive rights, including intellectual property rights, in the Feedback and we shall have the right to use and disseminate these materials without restriction, whether for commercial purposes or otherwise, without any approval or compensation to you.
SECTION 22 - COPYRIGHT INFRINGEMENT
In using and interacting with the Site, you may not post, modify, distribute, or reproduce in any way any User Submission that is a copyrighted work belonging to others without the prior written consent of others. This includes, among other things, design submissions. baolan reserves the right to remove any submission if it believes that it may infringe the copyright of others, and may delete the account of any user it deems to be infringing.
If you believe that your work has been copied or posted on the Site in a way that constitutes copyright infringement, please send us a written statement that contains substantially the following (please consult your attorney or copyright law to verify the following requirements)
A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is claimed to have been infringed.
Identification of the copyrighted work claimed to have been infringed, or if multiple works are covered by a single notice at a single online site, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity, to be removed or access to be disabled, and information reasonably sufficient to enable the service provider to locate the material. Including the URL in the body of the email is the best way to quickly find the content.
Sufficient information for the service provider to contact the complaining party (e.g., address, telephone number, and, if available, an email address where the complaining party can be contacted).
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information contained in the notice is accurate and that the complaining party is authorized, under penalty of perjury, to act on behalf of the owner of the exclusive right that is allegedly infringed.
Such written notice must be sent to the Company's designated representative as follows
Intellectual Property Complaints :
Note that anyone who knowingly makes a material misrepresentation that material or activity has been infringed may be subject to liability.
SECTION 23 - YOUR USE OF THE SITE
You agree not to introduce or use any automated systems, including "robots", "spiders", or similar programs or devices, to access the Site. However, we permit operators of public search engines to use spiders to copy material from our site for the sole purpose of creating a publicly available searchable index, but not to create a cache or archive of such material. baolan reserves the right to revoke these exceptions both generally and in specific cases.
You agree not to use, distribute or collect any personally identifiable information, including email addresses, account names or other user submissions (as defined below) posted to the Site. Further, you agree not to use the communication systems available on the Site for commercial solicitation purposes.
You also agree not to change or modify any part of the Site except as reasonably necessary to use the Site for its intended purpose.
SECTION 24 - ASSIGNMENT
Please report any violations of the Terms of Service, including any objectionable user posts or behavior, to email@example.com. When you do so, please state the reason for the violation and provide a link to the User Content or, where appropriate, a link to the offending behavior. Upon receipt of the report, we may investigate and take such action as we deem appropriate in our discretion.
SECTION 26 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.