Terms and Conditions

Please read these terms and conditions carefully before using Our Service.

1. Overview:

a. This website is owned and operated by Love By The Ounce,LLC. Throughout the site the terms such as “I”, “me”, “my”, “us”, “our”,and “we” refer to Love By The Ounce, LLC. as well as the owner Kelly Brown. This website is available to you the user, conditioned upon your acceptance of all terms, conditions, polices and notices stated here.

b. These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

c. By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service. You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

d. Due to the delicate nature of my products and customization utilized, it is important that you understand the terms and conditions as detailed below.

2. Interpretation and Definitions

a. Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

Goods refer to the items offered for sale on the Service.

Orders mean a request by You to purchase Goods from Us.

Service refers to the Website.

Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

Website refers to Love By The Ounce, accessible from www.lovebytheounce.com

You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

b. Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service. You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Placing Orders for Goods

By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.

c. Your Information

If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.

You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.

By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.

d. Order Cancellation

We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:

• Goods availability

• Errors in the description or prices for Goods

• Errors in Your Order

We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.

e. Availability, Errors and Inaccuracies

We are constantly updating Our offerings of Goods on the Service. The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

f. Prices Policy

The Company reserves the right to revise its prices at any time prior to accepting an Order.

The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.

g. Payments

All Goods purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (PayPal, for example).

Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.

h. Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

I. Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

j. Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

k. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

l. Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

3. Sending Milk and Inclusions:

a. Directions on how to send your breast milk will be sent to you in your confirmation email after you complete your purchase. The shipping address is not disclosed on the website due to privacy concerns, this will also be included in the confirmation email. If you do not receive the email please check your junk/spam email. If you still do not see the email please email me at Kelly@lovebytheounce.com. Please read the directions carefully and include all information required.

b. THE STEPS TO SHIPPING YOUR MILK AND INCLUSIONS:

You will send one ounce of breastmilk. This must be fully THAWED before and during shipping. This amount is enough for three pieces of jewelry. If you are purchasing more than three pieces you can email to see what amount you should send. DO NOT SEND MORE THAN ONE OUNCE!

Triple bag milk in breastmilk storage bags. Do NOT send in containers, they will not be returned to you and also are more likely to leak.and do NOT send in containers.

Write name and invoice # on the OUTSIDE BAG. If leaking occurs, your milk will not change colors from the marker.

If you are sending more than one milk be sure to write which milk you would like used for which piece.

DO NOT send your “last” milk. There is always the possibility of it getting lost in transit and I am human, mistakes can happen.

Package in USPS SMALL FLAT RATE BOX. If you are out of the US, any box will do. Do not send in a regular envelope or bubble mailers.

Please do NOT require signature for delivery.

Your full name and return address MUST be on the package.

Make sure you get tracking and keep your receipt.

Love By the Ounce, LLC.cannot control services outside of my studio; therefore, we are not responsible for inclusions lost en route to the studio and cannot issue refund on shipping totals.

c. Milk Received: You will not be notified when your milk arrives.

d. Local Drop Off: Customers local to St. Louis, MO, may arrange to have a drop off of milk. Contact me at Kelly@lovebytheounce.com so that we can coordinate a time.

E. Leftover Milk: Any preserved breastmilk that is not used in the creation of your pieces is labeled with your invoice number and stored. This is to assist should anything happen to your piece or if you want an additional piece curated. The leftover milk will not be returned to you.

If you choose to make another purchase using the milk on hand you will need to reference your previous order number in the notes section of the invoice. You are also required to email me at Kelly@lovebytheounce.com in order to inform me of your new order.

f. Inclusion Arrival and Refunds: Love By The Ounce, LLC. cannot control services outside of my studio; therefore, Love By The Ounce, LLC are not responsible for inclusions lost en route to the studio. Shipping services are not within my control; therefore, Love By The Ounce, LLC cannot issue refunds on shipping totals.

4. Turnaround Time

**Check the FAQ section for the current turn around estimate**

a. The turnaround time begins once your breastmilk has been received and checked in. I process check ins once a week.

b. Cut Off Dates: Due to an increase in orders, there are times of the year in which cut off dates are used. Christmas and Mothers Day are two major U.S. holidays that require a cut off date. Cut off dates are announced in our website and Facebook group.

**Please remember, although we strive to have your order arrive before a certain date, no item is guaranteed an arrival date as we cannot have control over other service providers such as USPS.**

c. Delays: Delays may occur under a variety of circumstances. Circumstances are including but not limited to

Complications in order design

Holidays

Recasting

Supply order delays

Supply back orders

Family sickness or emergencies

Other unforeseen circumstances

d. Turnaround Changes: The estimated turnaround time is subject to change at any given point due to any circumstances, the notification will be made through our Facebook group. You agree to this possibility when you purchase from Love By The Ounce, LLC..

e. Split Orders: Sometimes, delays can occur during processing and may only be on part of the order. Instead of holding the entire order, Love By The Ounce, LLC. may separate the items and partially ship the order. The remainder of the order will be shipped once it is finished. You will not be charged an additional shipping fee and will be issued a gift card if this is necessary.

5. SHIPPING OF COMPLETED PIECES

a. Delivery Dates: Love By The Ounce, LLC. has no control over other service providers and therefore there is NO guarantee on delivery dates once USPS takes possession of your package. Love By The Ounce, LLC cannot be held responsible for delays in delivery.

b. Lost Items: If you item has become lost in transit, please send us an email to discuss further. If your breastmilk gets lost in transit to Love By The Ounce, LLC. we are not responsible for replacement.

c. Address Changes: If you have a pending order and need to update your address you will need to contact through email at Kelly@lovebytheounce.com. Once your package is sent to USPS I will not be apple to stop the shipment or change the address. Love By The Ounce, LLC. is not responsible for shipping error addresses other than the one that was originally submitted at checkout.

d. Local Pick-Up: If you are local to St. Louis, MO you have the option to arrange a pickup of your item. You will need to contact us at Kelly@lovebytheounce.com in order to make arrangements. If you paid for return shipping of your item this will not be refunded.

6. Refunds, Returns, and Remakes

a. Inspect: When you receive your item, please inspect it thoroughly. Keep in mind that with any handmade item colors of the milk will vary, there can be bubbles, mold lines, as well as uneven surfaces. All of these are within the range of acceptable imperfections with handmade jewelry. If you still feel that there is an issue with your piece you must contact Love By The Ounce, LLC. within 3 days of when you receive your piece through email at Kelly@lovebytheounce.com.

The settings for many of the pieces are either handmade or produced by a manufacturer, as such they can be imperfections such as slightly irregular circles.

Please remember that each milk is a slightly different color and when preserved could be many colors such as white, off white, yellow, even some green and blue. Your stone will also be the color of that milk.

b. Warranty: Your breastmilk is preserved to ensure your piece lasts a lifetime. Your precious keepsakes should not discolor due to preservation of the inclusion. If a piece of breastmilk jewelry is going to discolor due to a milk preservation error, it will happen within the first 3 months. For this reason, we offer a 3 month guarantee on our breastmilk stone. It is very important to follow all of our jewelry care instructions such as not bathing or showering with your jewelry on, exposing it to direct sunlight or prolonged heat, chemicals, or submerging it in water. Your breastmilk jewelry is coated in a high quality jeweler’s resin which is a hard plastic. Mistreatment and improper care of your precious jewelry can lead to discoloration or warping of the piece. If your jewelry becomes discolored before 3 months from the time your order was finished, we will be happy to examine the jewelry. If in our professional opinion, the milk jewelry has discolored as a result of a milk preservation error and not due to improper jewelry care, we will remake the piece for you at the cost of shipping. The mentioned imperfections that occur from handmade items are not covered in this warranty. Normal wear and tear also is also not covered under this warranty. If you feel your piece qualifies under these conditions please contact by email Kelly@lovebytheounce.com and I will be happy to discuss. If in my expert opinion your piece is defective you will have 30 days to return the item from the initial date of contact. If you fail to return the damaged item within that time period you will forfeit any warranty.

c. Returns: I WILL NOT ACCEPT ANY RETURNS OR EXCHANGES OF ANY KIND. EACH PIECE IS UNIQUE AND THEREFORE CANNOT BE RETURNED. PLEASE BE 100% SURE ON RING SIZE BEFORE ORDERING AS A REFUND OR EXCHANGE WILL NOT BE ISSUED IF YOU ORDERED THE INCORRECT SIZE. Note that variations such as small air bubbles within the piece, mold lines, evidence of hand forming and hand sanding, bead caps not sitting 100% flush, and other small imperfections are all within the normal range of handmade jewelry. By purchasing from LOVE BY THE OUNCE, you understand that your piece will not be 100% “flawless”. Exchanges or remakes are not covered by LOVE BY THE OUNCE, LLC.

d. CHANGES TO ORDERS: Any requests to change an order must be done within a 24 hr time frame after the order was placed. Once the 24 hr time frame has passed we do not allow changes. Settings are custom ordered we DO NOT keep a stock in!

e. Cancellations: If you need to cancel your order, you can do so up to 24 hours after order is placed. You will need to contact within 24 hours of order being submitted via email Kely@lovebytheounce.com.

ALL Cancelations are charged a 20% fee. This is non-negotiable. The remaining 80% will be returned in the same form as the payment was sent.

f. Reserved Rights: Love by the Ounce, LLC. reserves the right to cancel/refund an order at any time. Canceled orders may be issued due to intolerable behavior from the customer. Intolerable behavior includes but is not limited to disrespectful communication, cursing, belittling, threatening, and harassing.

g. Dispute Disclaimer: Love By The Ounce, LLC. would prefer that you contact us to resolve issues before filing a dispute with your bank, credit card company, or the Better Business Bureau. If you file a dispute, funds are frozen until the dispute is resolved; therefore, a refund or gift card cannot be issued. The bank or credit card company will contact us for an explanation of our process and our terms and conditions. Then, a decision regarding refunds will be made. In the case of a Better Business Bureau complaint, the claim is forwarded to us. We send a response detailing our terms and conditions and an accounting of all correspondence with the customer along with our proposed solution. The customer is given a chance to respond to the proposal, and then we have a chance to finalize our response. Love By The Ounce, LLC. reserves the right to counter any dispute. Any information posted online (including but not limited to pictures, names, comments, and personal messages), sent via message to the business page, assistants, etc. can be used in a dispute.

7. Product Safety

a. Adult Wear: WARNING: CHOKING HAZARD. Our jewelry is intentionally crafted for adult wear. Handle with care around children. We know how much children love to play with our special jewelry, but it’s important to keep in mind that all of our jewelry, like any other jewelry, is a potential choking hazard for little ones. Always keep your jewelry safely out of reach from small children. We are not liable for jewelry broken by children. We are not liable for injuries caused by breakage, improper handling, allowing a child to wear or play with the jewelry, wearer negligence, etc.

b. Materials: We try to get the best materials from our suppliers. All of our materials are stated as the supplier has stated them to me.

c. Metal Allergies: If you or the person you are purchasing for has a metal allergy, you should use caution when purchasing and speak with your doctor before making the purchase. We urge you to research and make the best health decision for yourself. Our items are .925 sterling silver but some may still find this causes a reaction. Gold filled pieces at times can also contain nickel.

d. Allergy Disclaimer: Love By The Ounce, LLC. is not responsible for any physical reaction (including but not limited to any allergic and anaphylactic responses) to our jewelry. We will not replace or refund items due to any reaction to our jewelry, please see our terms on this above.

8. Care Instructions:

a. Tarnishing: Love By The Ounce, LLC. uses .925 sterling silver or gold filled pieces. .925 sterling silver can tarnish. Sterling silver is 92.5% silver and 7.5% copper (the addition of the copper is what can cause the metal to tarnish.) The reason that the copper is added is to provide a stronger, longer lasting piece of jewelry. Pure silver is very soft and not an ideal candidate for a long lasting piece of jewelry.

b. Humidity: Never expose your jewelry to water or high levels of humidity. This means that you should remove your jewelry before swimming or taking a shower or bath and you should never store your jewelry in the bathroom. Also, polish your jewelry at least once a week using a soft cloth to remove dust. A polishing cloth is preferable but any soft cloth that isn’t abrasive in any way would be suitable for cleaning.

c. Storage: Protect your jewelry by storing it in a cool, dry place – a closed jewelry box is preferable for jewelry storage. Finally, always remove your jewelry before bedtime to prevent accidental breakage.

d. Stone Care: Please do not expose breast milk stone or keepsake stone to any harsh solvents, such as acetone or cleaning agents. Harsh solvents can destroy the breast milk and keepsake stone. Please do not expose your keepsake to essential oils, as this may cause harsh yellowing to the keepsake stone. Leaving your breast milk stone in direct sunlight for extended periods of time is not recommended.

e. Wear: We of course want you to enjoy your jewelry, however you should always remove before bathing, swimming, extended uv exposure, use of any chemicals as well as before sleeping.

f. Disclaimer: We polish each item before shipping, and we are not responsible for tarnish due to climate changes in shipping. Please purchase a polishing cloth and polish it upon receipt.

9. Additional Disclaimers:

a. LIABILITY POLICY: Please be aware that by purchasing a keepsake from LOVE BY THE OUNCE, LLC. and sending in your breastmilk that you free LOVE BY THE OUNCE, LLC., the owner/designer, KELLY BROWN, and all estate and associates of KELLY BROWN from any liability of your breastmilk. It is requested above that you DO NOT send the very last of any of your breastmilk and that you reserve some at home. For breastmilk that you send, we are released from ALL liability or legal pursuit for any accidents or loss to your breastmilk including a fire, flood, studio robbery, Act of God, or other accidents. Your order and sending of breastmilk implies your agreement and understanding of this policy.

b. Flakes Disclaimer: **Adding flakes may also make the surface uneven.** Flakes may also increase the chances of bubbles. When adding flakes to your item, We cannot guarantee the final look.

c. Stone Density: Your breast milk stone is a solid piece, but the hardness may vary. Because we create the pieces from a liquid state, your milk may settle differently in the resin causing some stones to be softer than others. However, all stones will be durable and built to last under normal wear.

d. Handmade Disclaimer: As with all handmade items there is a margin of acceptable imperfections, this is including but not limited to small air bubbles, mold lines, uneven finish, resin overpour. Some of the items also require use of epoxy as well as a clear resin top coat. This provided your piece with additional protection but we cannot guarantee that they will not be visible on the final product.

e. Pets: My home is pet-friendly. We try to keep all animals away from the keepsakes and preservation process.

f. We reserve the right to photograph any piece that we create. We also reserve the right to utilize these photographs in any promotion we see fit, including but not limited to, social media, website, promotional materials, etc…

g. We reserve the right to amend our Terms and Conditions at any time. Customers agree to be bound by possible T&C amendments when ordering. Customers cannot change their minds about agreeing to the terms and conditions after ordering.

h. Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue services (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 services
i. We reserve the right to limit the sales of our products or services to any person, geographic region or jurisdiction but are not obligated to. 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 any time 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.

j. Occasionally there may be information on our site or in the services 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.

k. You may not use Love By The Ounce,LLC. or any of our affiliated sites, groups, or pages for any illegal or unauthorized purpose nor may you violate any laws in your jurisdiction (including but not limited to copyright laws). You will comply with all applicable laws, rules, and regulations in your use of Love By The Ounce, LLC’s website and Facebook groups.

l. You agree to indemnify, defend and hold harmless Love By The Ounce, LLC.L and our owner, parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, 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.

m. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the services, use of the service, or access to the services or any contact on the website through which the service is provided, without express written permission by us. You must not transmit any worms or viruses or any code of a destructive nature.

n. 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.
If you have any questions about the Terms and Conditions of use you may contact us by email at Kelly@Lovebytheounce.com