Terms Of Service
AMEKANA LLC TERMS OF SERVICE
Welcome to Amekana.com. These Terms of Service govern your use of our website, your purchases from Amekana LLC, and any related services we provide.
By visiting our site, creating an account, or purchasing from us, you agree to be bound by these Terms of Service, together with our Returns Policy, Shipping Policy, Privacy Policy, and any other policies we link to these terms. If you do not agree, you must not use this site or purchase from Amekana.
“Amekana”, “we”, “us”, and “our” mean Amekana LLC. “You” and “your” mean the person who accesses the site, creates an account, or purchases from us, including anyone acting on behalf of a company or other legal entity.
SECTION 1: ONLINE STORE TERMS AND ELIGIBILITY
You must be at least the age of majority in your state or province of residence to use this site and place orders.
You agree not to use our products or services for any unlawful purpose and not to violate any laws in your jurisdiction, including copyright, privacy, and consumer protection laws.
We reserve the right to refuse service to any person, at any time, for any lawful reason.
SECTION 2: ACCURACY OF INFORMATION AND AVAILABILITY
We try to display accurate information on our site, but mistakes can occur.
We do not guarantee that product descriptions, photographs, pricing, promotions, offers, shipping charges, processing times, or availability are accurate, complete, current, or error free.
We reserve the right to correct any errors or omissions, and to change or update information or cancel orders if any information on the site is inaccurate, at any time and without prior notice, including after you have submitted an order. If we cancel an order after your card has been charged, we will issue a credit for the amount charged.
Products and services may be available in limited quantities and are subject to return or exchange only according to our Returns Policy. We reserve the right to discontinue any product at any time.
SECTION 3: ORDERS, BILLING, AND ACCOUNT INFORMATION
All orders you place are offers to purchase that are subject to our acceptance.
We may, in our sole discretion, limit or cancel quantities purchased per person, per household, per account, per payment card, or per order. This may include orders placed using the same customer account, the same billing or shipping address, or the same payment card. If we change or cancel an order, we may attempt to notify you using the email address and or phone number provided at the time the order was made.
You agree to provide current, complete, and accurate purchase and account information for all orders placed at our store and to promptly update your account information, including your email address, shipping address, and payment information, so that we can complete your transactions and contact you as needed.
You are responsible for maintaining the confidentiality of your account login information and for all activity that occurs under your account.
SECTION 4: PRICING, TAXES, PROMOTIONS, AND STORE CREDIT
All prices are shown in United States dollars unless stated otherwise. Prices are subject to change without notice.
Applicable taxes, shipping charges, customs duties, and other fees are your responsibility unless we clearly state that a fee is included.
Discounts, coupon codes, BOGO offers, and other promotions apply only to qualifying items, are subject to any specific terms listed with the promotion, and may be modified or withdrawn without notice.
Store credits and gift cards issued by Amekana have no cash value, are non transferable, and can be used only according to the terms communicated at the time they are issued.
SECTION 5: SHIPPING, RISK OF LOSS, AND DELIVERY
Shipping times, production times, and delivery estimates are described in our Shipping Policy and on relevant product pages.
By placing an order, you agree to the production and shipping time frames that apply to your items, including the differences between Ready To Ship and made to order items.
Risk of loss and title to items pass to you when we deliver the order to the carrier. Once an order has been accepted by the carrier, Amekana is not responsible for loss, theft, misdelivery, or delay. Any claims related to transit should be made directly to the carrier using your tracking information.
You are responsible for providing a complete and accurate shipping address. If an order is returned to us due to an incorrect or incomplete address, it will be handled according to our Shipping and Returns Policies.
SECTION 6: RETURNS, EXCHANGES, AND REFUNDS
All returns, exchanges, and store credits are governed by our Returns Policy, which is incorporated into these Terms of Service by reference.
By completing a purchase, you acknowledge and agree that:
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Approved returns are generally issued as store credit only, not as refunds to the original payment method.
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Items must meet the eligibility requirements and time frames set out in our Returns Policy.
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Items that are worn, used, damaged after delivery, or that do not meet the return conditions are not eligible for return, exchange, or store credit.
You are responsible for reading the Returns Policy before placing an order and for checking it again before attempting a return.
SECTION 7: CONDITION OF PRODUCTS AND WARDROBING
Our garments are sold for personal use, not for rental or temporary use where the customer wears the item for an event and then returns it.
You understand and agree that:
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Returns are offered only for unworn items that meet the conditions in our Returns Policy, not for garments that have been worn for events, photoshoots, or social occasions and then sent back.
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Items that are worn outside of trying them on briefly for fit at home, or that show signs of wear, odor, damage, missing tags, broken chains, missing stones, stains, makeup, or similar issues, are considered used and are not eligible for return, refund, or store credit.
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Attempting to return worn or intentionally damaged items as new, or to claim a refund after using the item for an event, is a violation of these Terms and may be treated by Amekana as fraud or abuse of our services.
Amekana may create and retain photographs, videos, and notes during quality control before an order ships and during inspection of returned items. You consent to our use of this documentation to make return eligibility decisions and to defend against chargebacks, disputes, or legal claims.
SECTION 8: PRODUCT DESCRIPTIONS, SIZING, AND CARE
We try to describe and photograph our products as accurately as possible. However:
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Colors may vary because of lighting, photography, and individual screen settings.
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Fit may vary between styles and materials.
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Minor variations in embellishment placement, pattern alignment, or similar details are normal and not considered defects.
You are responsible for reviewing the product description, size chart, and care instructions before purchase and before wearing the item.
You agree to follow all care and handling instructions we provide. Failure to do so may cause damage that is not considered a defect.
SECTION 9: DELICATE AND EMBELLISHED GARMENTS, SAFETY, AND ASSUMPTION OF RISK
Many Amekana styles include chains, rhinestones, sequins, mesh, and other delicate embellishments. These garments require careful handling when putting them on, adjusting them, sitting, moving, and storing them.
By purchasing and wearing these garments, you agree that:
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You will use reasonable care to avoid pulling, snagging, or stressing delicate components.
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You will avoid contact with rough surfaces, sharp edges, jewelry, bags, and other items that may catch or pull on the garment.
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You understand that normal wear, body movement, and contact with surfaces can affect chains and embellishments and that such effects are not necessarily defects.
To the fullest extent permitted by law, you accept and assume the risks associated with wearing delicate or embellished garments, including any minor injuries or discomfort that may result from normal use.
SECTION 10: FRAUD, THEFT, AND MISUSE OF SERVICES
You agree that you will not use stolen payment methods, false identities, or any other fraudulent information when placing an order with Amekana.
Amekana reserves the right, in its sole discretion and without prior notice, to:
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Cancel or refuse any order that appears fraudulent, high risk, or inconsistent with our policies.
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Require additional verification of identity, billing information, or shipping information before accepting an order.
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Limit or block future orders, accounts, and access to the site for customers who engage in suspected fraud, theft, or abuse of our policies, including chargeback abuse and wardrobing.
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Share information and evidence about suspected fraudulent transactions with payment processors, card networks, banks, law enforcement, and fraud prevention partners, as permitted by law.
If Amekana suffers a loss because of your fraudulent or abusive conduct, including but not limited to chargeback abuse or intentional misuse of our returns policy, you agree that we may pursue any remedies available under law and equity, which may include collection activity and legal action to recover amounts owed, chargeback fees, investigation costs, and reasonable attorneys fees.
By using this site, you consent to Amekana using the information you provide, together with order records, tracking records, and communication records, as evidence in any dispute with your bank, card issuer, payment provider, or in court, if needed to protect our rights.
SECTION 11: CHARGEBACKS AND DISPUTES WITH PAYMENT PROVIDERS
You agree to contact Amekana customer service and allow us a reasonable opportunity to review and respond to any issue with your order before you open a chargeback, dispute, or claim with your bank, card issuer, or payment provider.
A chargeback or dispute may be considered abusive if you:
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File a chargeback instead of following our published Returns Policy.
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File a chargeback after receiving store credit or another agreed remedy.
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File a chargeback for an order that tracking shows was delivered to the address you provided.
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File a chargeback for items that were worn, used, or damaged after delivery or that otherwise do not qualify for return under our policies.
In cases of suspected chargeback abuse, Amekana may:
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Challenge and respond to the dispute with documentation of delivery, quality control, photos, communications, and applicable policies.
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Restrict or close your customer account and block future orders.
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Treat the abusive chargeback as a debt owed to Amekana once a bank or payment provider reverses a chargeback decision in our favor and pursue collection or legal remedies for the unpaid balance and related fees.
Nothing in this section removes any non waivable rights you may have under applicable consumer protection laws, however you agree that our posted policies form part of the agreement between you and Amekana and will be provided to your bank or payment provider as evidence if a dispute is opened.
SECTION 12: INTELLECTUAL PROPERTY
All content on this site, including text, graphics, logos, photographs, product images, videos, icons, and software, is owned by or licensed to Amekana and is protected by copyright, trademark, and other laws.
You may not copy, reproduce, publish, distribute, display, modify, sell, license, or create derivative works from any portion of the site or our content without our prior written consent.
Amekana, our logos, product names, and related marks are trademarks or service marks of Amekana LLC. You may not use any of our marks without our prior written permission.
SECTION 13: USER CONTENT, REVIEWS, AND SUBMISSIONS
If you submit reviews, comments, photos, videos, or other content to us or tag us on social media, you grant Amekana a worldwide, royalty free, perpetual, irrevocable, sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display, and otherwise exploit that content in any media, for marketing and other lawful purposes.
You represent and warrant that you own or control all rights in the content you submit, that your content does not infringe the rights of any third party, and that your content is not unlawful, abusive, defamatory, or otherwise objectionable.
We may remove or edit user content for any reason.
SECTION 14: PROHIBITED USES
You agree not to use the site or our services:
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For any unlawful purpose.
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To solicit others to perform or participate in unlawful acts.
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To violate any international, federal, state, or local regulations, rules, laws, or ordinances.
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To infringe or violate our intellectual property rights or the rights of others.
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To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate.
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To upload or transmit viruses or any other malicious code.
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To interfere with or circumvent the security features of the site or any related website or service.
We may terminate or restrict your use of the site for violating any prohibited use.
SECTION 15: DISCLAIMER OF WARRANTIES
Your use of the site and purchase of products is at your sole risk.
Except as expressly stated by us in writing, the site and all products and services delivered to you through the site are provided “as is” and “as available”, without any representation, warranty, or condition of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, durability, title, and non infringement.
We do not warrant that the site will be uninterrupted, timely, secure, or error free, or that any defects will be corrected.
Some jurisdictions do not allow limitations on implied warranties, so some of the above limitations may not apply to you.
SECTION 16: LIMITATION OF LIABILITY
To the fullest extent permitted by law:
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Amekana LLC, its owners, officers, employees, contractors, suppliers, and affiliates are not liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including loss of profits, revenue, savings, data, or goodwill, arising out of or related to your use of the site or any products purchased from us, even if we have been advised of the possibility of such damages.
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In all cases, the total liability of Amekana LLC for any claim related to any product or service shall not exceed the amount you actually paid for that product or service.
This limitation applies regardless of the legal theory asserted, whether contract, tort, negligence, strict liability, or otherwise.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so some of these limitations may not apply to you.
SECTION 17: INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Amekana LLC and its owners, officers, directors, employees, contractors, agents, licensors, and affiliates from and against any claim, demand, loss, damage, liability, or expense, including reasonable attorneys fees, arising out of or related to your use of the site or products, your breach of these Terms of Service or any incorporated policy, or your violation of any law or the rights of a third party.
SECTION 18: GOVERNING LAW AND DISPUTE RESOLUTION
These Terms of Service and any separate agreements under which we provide you products or services are governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of law principles.
You agree that any dispute, claim, or controversy between you and Amekana that arises out of or relates to these Terms, our site, or any product purchased from us, and that cannot be resolved informally, will be brought exclusively in the state or federal courts located in Dallas County, Texas, unless applicable law requires another venue. You consent to the personal jurisdiction and venue of those courts.
Your local mandatory consumer protection rights, if any, are not limited by this section.
(If you want binding arbitration and a class action waiver, your attorney should draft that language here so that it complies with applicable law.)
SECTION 19: SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall be deemed severed from these Terms and the remaining provisions shall remain valid and enforceable.
SECTION 20: TERMINATION
These Terms of Service are effective unless and until terminated by either you or us.
You may stop using the site at any time. We may terminate or suspend your access to the site or your account, without notice, if we believe that you have violated these Terms or any applicable law.
The obligations and liabilities of the parties that by their nature should survive termination shall survive termination, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
SECTION 21: CHANGES TO TERMS OF SERVICE
We may update or change these Terms of Service from time to time by posting a new version on this page and updating the “last updated” date.
Your continued use of the site or purchase from us after changes are posted constitutes your acceptance of the revised Terms. You are responsible for checking this page periodically for changes.
SECTION 22: CONTACT INFORMATION
Questions about these Terms of Service should be sent to us at Info@amekana.com