Terms of Use

 

Introduction:

 

http://www.RubyCharm.com (also including all other Domain names reserved by RubyCharm, belonging to the same internet system) - “Website” is a site which is operated and owned by Ruby Charm UG (haftungsbeschrankt) address: Rheinstrasse 60, 76532 Baden-Baden, Deutschland, Bundesrepublik Register: Mannheim HRB 720117 (“we”, “us”, “our”, “RubyCharm”).

Your use of this Website is subject to these Website Terms of Use (“Terms of Use”), which tell you the basis on how you can make use of our Website.

Your purchase of products which we supply to you through this Website (“Products” or “Crafts”) is subject to the Website Terms of Sale (“Terms of Sale”).

Please read these Terms of Use carefully.  Together with our Privacy policy and, if you purchase Crafts through our Website, our Terms of Sale, they govern our relationship with you in relation to this Website and any purchase or order you may make on this Website.  If you have any questions about them, please contact our customer service department office@rubycharm.com or contact us using facilitated Website contact page.

We may change these Terms of Use at any time by updating this page. You should check this page from time to time to review these terms to ensure you are happy with any changes.  Using or accessing this Website indicates your acceptance of these Terms of Use. If you do not accept these Terms of Use, please do not continue to use this Website.

We have made this Website and its content available to you for your own personal non-commercial use. We may modify, withdraw or deny access to this Website at any time. We may withdraw or deny access to this Website at any time in relation to a user who breaches any of the terms contained in these Terms of Use.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must keep this safe and treat such information as confidential, and you must not disclose it to any third party.

 

About Ruby Charm:

 

We are Ruby Charm UG (haftungsbeschrankt), a company registered in Germany. Our registered office is at 60 Rheinstrasse, Baden-Baden 76532.  Our VAT number is DE295983661.

You can contact us by email at office@rubycharm.com.

The Website to which these Terms of Use apply and for which we are responsible is http://www.RubyCharm.com.

 

We think of ourselves as an artistic workshop. Every part of the creation process of this website is special in its own way, and you can read about it in "Our quest" chapter. It will show to you in so many ways what we are doing to make this a special, significant, different, and in the end and most important of all, very beautiful project. Everything is connected - each stone extracted from earth, a stone which is then recognized and touched, hand selected to adorn our handcrafts. Its unique set of colours and shapes, the light that is refracted through and a photographer who is searching for the best angle to capture the uniqueness; the symbolism of species and detail that goes back to the earliest days of our collective memories, the "perfect word" ("Le mot juste") for which we seeking to describe the energy we feel; the effort we put to reconcile ancient and modern, esoteric and electronic, and to teach the network cloud about energy, so we can bring it closer to you, cover vast distance in one blink of an eye, until you can see for yourselves, and to grace and relish with Ruby Charm uniqueness.

 

Our intellectual property rights:

 

This Website and all of its contents including, without limitation, all text, software, software source code, trademarks, logos, designs, images, photographs, audio visual materials, written materials and any other form of material (“Website Content”) is owned by us or licensed to us by third parties. The copyright and all other intellectual property rights in all Website Content are owned by us or our licensors. Any rights or licenses of the Website Content not expressly granted by the Terms of Use are reserved.

The names Ruby Charm, Ruby Charm Unique….are trademarks of Ruby Charm UG.

Living Energies is a trademark owned by Living Energies Franchise PTY. The copyright and other intellectual property rights of Nevena Solar designs are owned by Nevena Solar and Living Energies, and are licensed to us.

 

Ruby Charm gives special thanks to:

-Predrag Toncic photo studio – photography and animation rendering, owned by Ruby Charm under the license of Predrag Toncic.

-Dragan Trifunovic photo studio – photography, owned by Ruby Charm under the license of Dragan Trifunovic

-Retescom Ltd. and Radomir Milikic – software and Website development – software source code is owned by Ruby Charm, under the license of Retescom.

-Mina Zdrnja - a fine artist whose drawings decorates our site - owned by Ruby Charm, under license of Mina Zdrnja.

-Vanja Valcic - writer of science studies, special and most valuable advisor on all geology, chemistry and other scientific matters.

-Nina Valcic - advisor on matters of love, and life inspiration.

-Vuk Valcic – writer of all written materials, attribute management concept, software concept, photography concept, Website concept, all owned by Ruby Charm under the license of Vuk Valcic.

-HS Legal Corporative Consultants Ltd. – legal solution and management.​

 

Except as set out in the Terms of Use your use of the Website Content without written permission of the Website Content owner is strictly prohibited. You may download extracts of any page from this Website for non-commercial, personal use provided that:

-you do not distribute, modify, display, transmit, reproduce, create imitative works from, sell or otherwise use the Website Content without written permission from Ruby Charm,

-no graphics are used separately from auxiliary text,

-our copyright and trade mark notices appear in all copies and you acknowledge this Website as the source of the material; and

-the person to whom you providing these materials are made aware of these restrictions.

We monitor the market for violation of our intellectual property and reserve the right to take any action we deem needed to protect rights.

 

Our liabilities to you:

 

These Terms of Use do not exclude our liability (if any) to you in any matter which it would be illegal for us to exclude or to attempt to exclude our liability.

We do not guarantee that this Website will be compatible with all or any hardware and software which you may use, but we try to make it best possible in any and all hardware, PC, laptop, mobile device or tablet graphics, and compatible to use with all OS and platforms.

We do not guarantee that the use of this Website will not cause damage to any property, including but not limited to loss of data or computer virus infection. We cannot accept any liability for viruses and you are advised to take all appropriate precautions before downloading information or images from the Website.

We do not guarantee that this Website will be available all the time or at any specific time, as this depends on many different causes.

We reserve the right to turn off or modify this Website at any time.

We are liable to you for all losses which you suffer as a result of a breach of these Terms of Use by us, but not if losses you may incur were not a foreseeable consequence of us breaching these Terms of Use. Our liability to you shall not include any business losses that you may incur, including but not limited to lost data, lost profits or business interruption.

Please note that nothing listed in Terms of Sale or Terms of Use in any way affects your statutory rights.

 

We guarantee and certify:

 

We proclaim and hereby undertake and warrant that the following information appearing on our site is accurate. Also, disclaimers and warranties of the same content will be set up in visible places on the Website in order to avoid any kind of misunderstanding.

1) We guarantee that the information presented on the physical properties of offered Products is correct or very close to being completely accurate, with the possibility of minor errors, or errors of less importance for the essence of things. This guarantee primarily refers to the weight of jewellery, to all stated sizes and dimensions, to mineral types and to the materials used for making, including the type of processing and finish used in gemstone production. Specifically, please note that some products on our Website (‘Products’) may appear slightly larger or smaller than actual size due to screen defaults and photography techniques. Other Products may be represented at a larger than actual size in order to show details more clearly, or at a smaller than actual size to show the entire item. The actual size is always specified in international measurements. We will issue a legally binding certificate to this effect.

2) All Crafts that we offer for sale are presently in stock. We sell exclusively already produced jewellery, so we can send them immediately, once you make the purchase.

3) We guarantee that the Product photographs precisely and explicitly represent the offered jewellery and gemstones. These images have not in any way been adjusted, developed, modified or revised using any photo-editing software, nor were they artificially ‘enhanced’ using photo processing tools, to make the Crafts appear perfect and unreal. The photographs on our website represent the items we offer as accurately as possible, except in rare cases when it is clearly stated that there are some minor differences. We clean Crafts AFTER we sell them to you and not photos BEFORE we sell. Therefore small details and even flaws can be seen. We sell jewellery that is crafted by hand to bring out the inherent qualities of the minerals that are unique in each gem, and are shown in the photographs. It is these unique characteristics that give our pieces of jewellery an attractive charm to the wearer who feels attuned to it. Certain photos are enlarged many times to display any peculiarities that may not be visible to the naked eye. Such individual details set these pieces apart, distinguishing them from others that are machine-made with many identical copies, all lacking in character. We will issue a legally binding certificate to this effect.

4) Each Product we offer is hand-crafted, unless expressly stated otherwise. We will issue a legally binding certificate to this effect.

5) Each piece we offer is an original – like you - except in the few cases where it is expressly stated on the Website not to be so. These particularities include the design, colour and shape of the stone, as well as its mineral structure, its colours, allure and glamour, and energy. All this makes Ruby Charm Unique Crafts. About this we will issue a legally binding certificate.

6) Each gemstone that is a part of our Crafts was chosen with our hands, and was held and recognized. Each crystal we sell is vibrantly alive and full of energy. We never buy crystal before seeing it, nor do we buy in bulk or in barrels. We never buy online, unseen and not distinguished. All we sell was chosen, touched upon our hands before we ventured to offer it you. About this we will issue a legally binding certificate.

7) The information on the scientific basis of minerals, metals and gems contained on this Website is given for general information and for purposes of interest only. Whilst we try to ensure that the information on the Website is correct and up-to-date, we cannot be responsible for any inaccuracies. As a result, you should not solely rely on this information, and we recommend that you seek advice or further guidance before taking any action based on the information given on this Website.

8) Information about the energy of crystals, the attributes and characteristics they possess, and about their impact on our lives, as well as the symbolism they carry, is given to promote a better understanding of the creation of the Earth. However, we cannot accept any responsibility for any influence our crystals may have on anyone, nor do we guarantee any effect. Such information is intended for symbolic interpretation, as well as a psychological support in pursuing your goals. For their influence in this sense we do not accept any kind of responsibility nor do we guarantee any effect.

9) The foregoing is especially true for the crystals stated to have a beneficial influence on health and physical well-being. The effects of the crystals, as expressed on this Website, are intended only as  symbolic, as a part of ancient beliefs, as well as for their energy and psychological benefits. If you have any health problems, please consult your doctor. This site does not offer alternative medicine, nor any guarantee of health benefits.

10) The information given in the Contents section, entitled Stories about gemstones, Stories about crafts, Stories about people and crystals and Stories about the properties of stones is all entirely fictitious. These stories are works of fiction and imagination, some inspired by real people and events, others without any known basis. These stories are for entertainment and interest. They teach us to think and conjure, and to better understand the appearance and characteristics of our Crafts or gems. 

 

Linking:

 

We may link to other websites which are not within our control.  When we do this, we will try and make it as clear as possible that you are leaving our Website.  We are not responsible for these websites in any way.  It is your responsibility to check the terms and conditions and privacy policy on any other website which you visit.

You are not entitled (nor will you assist others) to set up links from your own websites to the Website (whether by hypertext linking, deep-linking, framing, toggling or otherwise) without our prior written consent, which we may grant or withhold at our absolute discretion (the granting of which may be subjected to further conditions):

-the site from which you wish to link must comply with all relevant laws and regulations and must not contain content which may be considered to be distasteful or offensive; and

-you must not imply that we endorse or are associated with any other website, product or service.

 

You agree that when accessing the Website you shall not price scrape or harvest pricing either manually or by use of a web spider, web robot or any other web crawling technology.

 

GOVERNING LAW AND JURISDICTION:

 

Formation, existence, construction, performance, validity of these Terms of use will be governed by the laws of Bundesrepublik Deutschland.

The German courts will have non-exclusive jurisdiction to settle any disputes which may arise out of or in connection with these Terms of Use or use of the Website. This current version of Terms of use shall begin to be effective as of December 1, 2014.

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