Terms and Conditions for the Sparkle Squad Subscription Box Service
The upshot:
Below is a legally binding agreement between you the “customer,” or “subscriber,” and Elegant Insights or Laura Legendary the “company.” Please read the following carefully. In order to use the Service, you must be legally permitted to accept these Terms. The bottom line: Bad actors are the reason terms like these are necessary. That’s probably not you. These terms also protect you from unscrupulous entities or poor business practices. That’s definitely not us. We promise to provide you with excellent customer service, which renders this type of agreement a sideshow, but that’s the world we live in. To summarize the below, you are authorizing us, Elegant Insights, to charge the cost of your subscription, including shipping, on a recurring quarterly basis. Your subscription will automatically renew until you pause or cancel your subscription. You may cancel at any time. If we do something you don’t like, we’ll do our best to make it right. So, if you can stay awake through the rest of this content, then you get an award. Just kidding.
Subscription Agreement
Effective Date: June 1, 2021.
When you click the “Checkout” button on elegantinsightsjewelry.com the “Website”), you are entering into a binding legal agreement with Elegant Insights (the “Company”) and you are agreeing to the terms of this Subscription Agreement (the “Terms”). If you do not agree to these Terms, do not click the “Checkout” button.
Services
The Company provides a quarterly subscription service for the delivery of either the Sparkle Dots Box or the Essential Elegance Box, collectively referred to as the “Sparkle Squad” subscription boxes,, which consists of jewelry, accessories, jewelry-related products, or a combination.
Your Account
To make a purchase and start your subscription, you must create a user account (your “Account”). Your Account is created by entering your email address and a password (your “Credentials”) and clicking the “Checkout” or the “Continue” button. On subsequent visits to the Website, your Account can be accessed by entering your Credentials.
Your Information and Privacy
Collection of your information:
When you click the “Checkout” button, we will save the following personally identifiable information (“PII”) to your Account: · Your first name, last name, and delivery address (collectively, your “Shipping Information”). We collect, for the purposes of processing your order, your credit card number, the CVC (the 3 or 4 digit code on the back of your card), the expiration date of your credit card, and the billing zip code (collectively, your “Billing Information”). We will also collect, for the purposes of processing your order, your Credentials including your email address. The Website may also collect certain anonymous information about your use of the Website through the use of Internet analytic technologies, including, but not limited to, cookies and web beacons. Examples of this anonymous information are: your operating system, the date and time of use, geographical information, and device type. As of the effective date of this agreement, we do not use any tracking tools of any kind, nor do we store your credit card information on the Elegant Insights web site. If you pay using Stripe, your details are stored with Stripe. If you choose PayPal as a payment option, your details are stored with PayPal. If you make a purchase through a third party, such as Facebook, Instagram, or any other platform, you are at their mercy. Elegant Insights has no control over third party data collection practices.
Use of your information:
We will not sell your PII. The PII we collect from you may be used to communicate with you and to provide you with the subscription boxes you order.
Protection of your information
The Company uses reasonable practices and technologies to safeguard your information against illegal intrusion and unauthorized access. No security measures are 100% reliable, however, so the Company cannot guarantee the security of your PII. You have the responsibility of protecting your Credentials. In addition, you agree not to share your Credentials with anyone else. You must contact the company using the contact information in these Terms if you have reason to believe that your Account has been compromised. The Company will never send you any communication (email or otherwise) asking for your Credentials, Shipping Information, or Billing Information, unless absolutely necessary and with a means by which to enable you to independently verify the identity of the staff member making the inquiry. If you receive any such communication that looks like it is from the Company, do not respond to the communication but rather immediately report the communication to the Company using the contact information contained in these Terms.
Third-party access to your information
The Company may provide your information to the following third parties: · Service providers. The Company may disclose your PII to service providers who maintain our Website and to service providers who process our payments. These trusted service providers will have access to your PII but may not use your PII for any purposes other than those to which they have been entrusted. The Company shall use reasonable efforts to ensure that these service providers hold your PII in confidence. In addition, the Company shall only disclose your PII to third parties that the Company believes, in good faith, follow acceptable privacy and security policies. · Legal enforcement. The Company may disclose your PII to investigate to enforce violations of our rights. The Company may also disclose your PII to protect the security of our Website. In addition, the Company reserves the right to disclose your PII if the Company has a good faith belief that this disclosure is necessary to satisfy a legal process or enforceable government request (such as a subpoena) or to be in compliance with any law or regulation.
Successors
The Company may transfer your PII as part of a sale, merger, acquisition, or any other change of control. In addition, the Company reserves the right to transfer your PII to protect the Company’s legal rights in the unlikely event of a bankruptcy, reorganization, receivership, assignment, or any application of creditor’s rights.
Correction or removal of your information
You may update and/or correct your information by contacting the Company (using the contact information at the end of these Terms) to request such modification. The Company will require you to provide identification prior to the Company’s making such changes. Once you cancel your subscription, you may have your information removed from our database by contacting us using the contact information at the end of these Terms.
Policy with regard to children
The Company will not knowingly collect any information from children under the age of 13 as is consistent with the Children’s Online Privacy Protection Act (“COPPA”). If, as a parent or guardian, you discover your child has provided the Company with PII, you may contact the Company using the contact information at the end of these Terms and we will remove your child’s information from our database. We do not recommend any of our products for people under the age of 13.
Payments
The Company bills you for your subscription through the credit card information (your “Payment Method”) provided in your profile (your “Billing Account”). You agree to pay the Company all charges using the Billing Account and you authorize the Company to charge your Payment Method. You agree to provide current, complete, and accurate information for your Billing Account at all times. Your Payment Method will automatically be charged each quarter if you have selected the seasonal subscription option or, if you have selected the 12-month prepay subscription, your Payment Method will be charged for the prepaid amount. Your subscription will continue indefinitely and will auto-renew for the same subscription period as initially selected until canceled by you or terminated by the Company in accordance with these Terms. (In other words, if you selected the 3-month prepay subscription, your subscription will auto-renew every three months until you cancel.)
Taxes
The Company may charge you local sales tax or VAT, if applicable.
Shipping and Risk of Loss
Shipping and handling fees are not included with your order. There is an $8.95 flat-rate shipping cost associated with all subscription boxes, which is charged in addition to the price of each box shipped every quarter. Elegant Insights cannot be held responsible for lost or stolen subscription boxes. You will be sent a tracking number for your package upon shipping, and we recommend you contact your local USPS office for further investigation, should your package become lost or misdelivered. If you believe all or part of your box is missing or damaged, you must notify us within 30 days of receipt. The Company will, at its sole and absolute discretion, either replace the missing or damaged parts of the box or send you a whole new box.
Refunds
We do not offer refunds for the Sparkle Squad subscription boxes, or for any of the items therein.
If the Company, in its sole discretion, believes you have breached these Terms, the Company may terminate or suspend your subscription at any time without notice. Under no circumstances will the Company refund any fees you have already paid. While there are no refunds available for return of either the Sparkle Dots Box or the Essential Elegance Box, we will make every reasonable effort to provide you with excellent customer service. If we make a mistake, we will make it right.
Intellectual property
The jewelry provided in the Sparkle Dots Box and the Essential Elegance Box is protected by law including, but not limited to, United States copyright law and international treaties. The Company is the exclusive owner of or is the licensed user of all designs, text, graphics, images, video, information, logos, button icons, software, audio files, and other content on the Website and the Sparkle Squad subscription boxes. The Company also owns or is licensed to use the computer code, scripts, design elements, graphics, interactive features, artwork, text communications, and any other content. The intellectual property of the Company and/or third-party licensors is protected by copyright, trademark, and/or patent laws. All rights not expressly granted in these Terms are reserved by the Company.
Product disclaimers
Warning: Choking Hazard—Small parts not for children less than three (3) years of age. You acknowledge that the jewelry subscription boxes are not designed, manufactured, or intended for use by children under the age of three (3) years and may contain small parts.
Warranties and disclaimers
You may cancel your subscription at any time, although to avoid being billed for the upcoming shipment, please cancel no later than the 3rd day of the next ship month. That means you must cancel by the 3rd of June, the 3rd of September, the 3rd of December, or the 3rd of March in order to avoid being charged for that quarter’s shipment. You can cancel your subscription via the Elegant Insights web site, phone, email, or by using the contact link at the end of these terms.
Warranty
Elegant Insights makes no warranties on our jewelry subscription boxes, including, but not limited to, implied warranties of merchantability, completeness, timeliness, correctness, or fitness for a particular purpose. The Company makes no warranty that a Sparkle Squad box will meet your requirements. These disclaimers form an essential part of these Terms. No use of the Website is authorized except under these disclaimers. If implied warranties may not be disclaimed in your jurisdiction, any such implied warranties are limited in duration to the period required by applicable law. Some jurisdictions do not allow limitations on how long an implied warranty may last, so the above limitations may not apply to you.
Limitation of liability
In no event will the Company be liable to anyone for any direct, indirect, punitive, special, exemplary, incidental, consequential, or other damages or any type or kind (including loss of data, revenue, profits, or loss of any other economic advantage) arising out of, or in any way connected with the Website or a Sparkle Squad box, regardless of the form of action, whether in contract, tort, strict product liability, or otherwise, even if the Company has previously been advised of the possibility of such damages. If your jurisdiction does not allow for the exclusion of limitation of liability or liability for consequential or incidental damages, the maximum liability arising out of or in connection with the Website or a Sparkle Squad box will not exceed the amount you paid to the Company in the then-prior calendar month.
Assumption of Risk
You agree and understand that you assume all risks when using the jewelry or any item in the subscription boxes, including, without limitation, any and all risks associated with you or anyone else wearing the jewelry or using the products.
Indemnity
You agree to indemnify and hold the Company, Laura Legendary and Elegant Insights, harmless from all claims or causes of action, liabilities, damages, costs, fines, penalties, and expenses (including attorneys’ fees) occurring from or related to the use or misuse of the Website or a Sparkle Squad box, violation of these Terms, or violations of any rights of a third party including, but not limited to, other users, or allegations thereof. The Company may assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In this case, you agree to cooperate in asserting any available defenses.
Governing law and jurisdiction
Except for actions to protect intellectual property rights and to enforce an arbitrator’s decision hereunder, all disputes, controversies, or claims arising out of or relating to these Terms or a breach of these Terms will be submitted and finally resolved by arbitration under the rules of the American Arbitration Association (“AAA”) then in effect. There will be one arbitrator, and such arbitrator will be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration will take place in Henderson, Nevada, USA, and may be conducted by telephone or online. The arbitrator will apply the laws of the State of Nevada, USA, to all issues in dispute. The controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator will be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment will be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorneys’ fees and costs up to $1000.00. The courts of Clark County in the State of Nevada, USA, and the nearest U.S. District Court in the State of Nevada, will be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under these Terms. These Terms will be construed under the laws of the State of Nevada, USA, excluding rules regarding conflicts of law.
Designed for Use Within the United States
This Website is designed for use from within the United States. Sparkle Squad subscription boxes may not be available outside the United States. If you access and use the Website outside the United States, you understand and agree that Sparkle Squad boxes may not be available and you are responsible for complying with your local laws and regulations
Subscription Cancellations
You may cancel your subscription at any time, by emailing us before the 3rd day of the ship month following the end of your then-current subscription period using the contact information contained at the end of these Terms, via the web site, or by phone. Your subscription will continue until you cancel and, if you do not cancel your subscription before the third of the ship month following the end of your then-current subscription period, your subscription will automatically renew for a new subscription period of the same amount of time.
Force Majeure
The Company will not be liable for damages or any delay or failure to ship a Sparkle Squad box arising out of causes beyond its reasonable control and without its fault or negligence, including, but not limited to, acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, pandemic, accidents, shipping disruption, illness, or communications failures. The Sparkle Dots subscription box and the Essential Elegance subscription box will ship on or after the 10th day of ship months June, September, December, and March. If the 10th of the month falls on a Sunday or holiday, we will ship the next business day. Elegant Insights reserves the right to change or modify the shipping schedule at any time for any reason at our sole discretion.
User submissions to the Company
The Company welcomes your feedback with regard to the Sparkle Dots Box or the Essential Elegance Box. However, the Company will not accept any creative ideas, suggestions, inventions, or materials other than those we have specifically requested (“Submissions”). If you disregard this stated policy and submit those Submissions anyway, the Submissions will automatically become the property of the Company. None of the Submissions will be subject to any obligation of confidentiality and the Company shall not be liable for its disclosure or use. The Company will have exclusive ownership of all now known or later discovered rights to the Submissions and will be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to you.
Errors and Omissions
I’m no lawyer, so if any part of this terms and conditions agreement is incorrect or has been omitted, it’s not my fault. You agree to forfeit your right to be a litigious troll. I don’t have deep pockets, so please move on to someone who does.
Contact Information
Elegant Insights Sparkle Squad:
Laura Legendary
702.605.1265
sparklesquad@elegantinsightsjewelry.com
Write to us at:
Elegant Insights
404 S. Boulder Hwy
Suite 91761
Henderson, NV 89015
To review all of the Terms of Service and Privacy Policy pages for this website, you must be out of your mind, but if you insist…
Select this link to read all Elegant Insights terms.