Terms & Conditions
The term ‘Astrid & Miyu’, ‘Astrid and Miyu’, ‘astridandmiyu.com’, ‘us’ or ‘we’ refers to the Astrid & Miyu ltd., a limited company under the laws of England and Wales, or Astrid & Miyu, Inc., a Delaware corporation, depending on the context. The term ‘you’ or ‘customer’ refers to the user or viewer of our Website or the person buying or requesting services and / or products from us. These Terms and Conditions are sometimes referred to below as the “Terms.”
Welcome to our website. The public-facing portions of our website are referred to herein as the “Website.” You are not authorized to make use of non-public portions of our website. Your use of the Website in any form, your creation of an account and/or your submission of any information through the Website constitute your agreement to be bound by these Terms, and a representation and warranty that you are at least 18 years old. Please read these Terms carefully before you continue to use the Website or submit any information to us through the Website. If you disagree with any part of these Terms, please do not use the Website, as we are unwilling to grant you access to the Website or do business with you on any other terms. These Terms will apply between you and Astrid & Miyu, when you buy an item from astridandmiyu.com or one of our physical stores or trunk shows located in the United States of America.
Please note that certain services that we may offer through the Website may be governed by additional terms and conditions, which will supplement, and not replace, these Terms.
The content made available to you on or through this Website, including, but not limited to, written content, interface design and layout, photographs, graphics, images, illustrations, marks, logos, sound or video clips, software code and animation (collectively, the “Content”), is trademarked or copyright protected, and remains our property or the property of our licensors, including without limitation Astrid & Miyu ltd., and is legally protected by intellectual property laws and treaties around the world. You may store, print and display the Content solely for your own personal use in learning about our company and our products, and in purchasing from us. You may not copy, publish, manipulate, distribute or otherwise reproduce, in any format, any of the Content or copies of the Content supplied to you or which appears on this Website nor may you use any such Content in connection with any business or commercial enterprise without prior consent from us. If you would like to request permission to use any of the Content in a way that is not specifically permitted here, please contact us.
Subject to these Terms, we hereby grant you a revocable, non-transferable, non-exclusive, personal and limited license to use and view the Website solely for purposes of requesting or reviewing our products and services and not for any commercial use or for use with, or on behalf of, any third party. Except as expressly permitted by the foregoing sentence, you may not reproduce, redistribute, publish or otherwise use by electronic or any other means any part of the Website or any Content without our prior written consent.
You may not use the website in any manner that interferes with our normal operations or with the use and enjoyment of another user. You may access the website and the Content only through the user interface provided by us. You agree to use the Website and the services only for their intended lawful purpose and in accordance with all applicable laws.
We respect the copyright interests of others and, as such, requires our users to comply with these Terms and all applicable laws regarding copyrights. If you believe that any content shown on or transmitted through the Website violates these Terms or your copyright please report the violation. In the case of a copyright violation please provide the following information:
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site (including the exact URL);
- An address, a telephone number, and an email address where we can contact you and, if different, an email address where the alleged infringing party, if not us, can contact you;
- A statement that you have a good-faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law; and
- A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf.
It is often difficult to determine if your intellectual property rights have been violated. We may request additional information before we remove allegedly infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove the content of both parties.
When registering for an account on this Website, you are responsible for ensuring that your password and account login are kept secret, safe and secure at all times. We will not be held responsible or liable for any misuse of your account resulting from a third party’s access to and use of your password and account login. We may change the information required to place an order or the registration requirements from time to time. Any changes will be posted on the Website.
By placing an order, you are offering to purchase a product and subject to the following Terms. All orders are subject to availability and confirmation of the order price, and acceptance by us. We aim to ship all items within  business hours (provided they are in stock). Our acceptance of your order will take place upon our shipment to you of the products ordered. We reserve the right to change the assortment of items proposed on the Website and may limit from time to time the quantity of products that may be ordered by a single customer in a single buying session. The product pages of the Website can provide you with information regarding products that are currently available for sale through those channels. Any description and information concerning the weight of precious materials and the number of stones and carats are provided as a reference and may vary slightly. We reserve the right to change from time to time the assortment of items offered on our product pages.
Only adults (individuals who have reached the age of majority (18 in most states)) who have legal capacity to enter into contracts, and who are citizens of or residents living in the United States of America may order products through the Website. If you are under the age of majority or lack legal capacity to enter into contracts, you must have your parent or guardian place an order on your behalf, and this person must consent to these Terms. Any other individuals, and legal entities generally, are prohibited from ordering goods using this site. If you do not qualify please do not use this site. Any orders placed in violation of these terms will be considered null and void.
By placing an order through the Website, you represent and warrant that you are a bona fide end-user customer and will not deliver, sell or otherwise distribute our products or purchase our products for commercial purposes or any other commercial benefit. If we believe, in our sole discretion, that an order would violate the terms of the preceding sentence or that you are engaging in fraudulent or grey market activities, then we may refuse such order.
name, shipping address, billing address and payment information are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. Notwithstanding anything to the contrary provided for herein, we reserve the right to refuse, cancel and terminate orders at any time. For example, we may refuse, terminate or cancel your order if there is an ongoing dispute concerning payment of a prior order or if we suspect, in our sole discretion, that you have engaged in fraudulent or grey market activities or have otherwise violated these Terms.
Contract: When you place an order and make a full payment, you will receive an email acknowledging a receipt of your order. This is not an order acceptance from us. Our acceptance of your order will take place on the shipment to you of the products ordered. Only those goods listed in the confirmation email sent at the time of shipment will be included in the contract formed between you and us.
Pricing: The prices payable for goods that you order are as set out in our Website, but do not include state, county and local sales or use taxes, although we use reasonable efforts to include these amounts in our checkout process. Delivery costs will be charged in addition as provided in our checkout process. For purchasers located in the U.S., all of our prices are in United States Dollars (USD) and you will be billed in USD. We try to make every effort to ensure that all items are described and priced accurately. In the event that a product is listed at an incorrect price due to a typographical error or a website error, we will not process your order and will instead alert you promptly as to the actual price of the goods. You will then have the option to proceed at this updated price or cancel. We will only process any such order with your permission.
Payment: We accept the following credit cards: Visa, MasterCard, American Express, and Discover. Cards issued by banks domiciled outside the United States of America may not be accepted. When ordering on the Website, you will need to enter your payment details on the appropriate form. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to us, you will need to contact your card issuer directly to solve this problem, and we will not be liable for any delay or non-delivery.
We have selected Shopify to perform certain services in connection with our website, including online payment processing (“Shopify”). [any information required by provider.] In order to process your order, we or Shopify may perform a pre-authorization of your credit card. The amount of your purchase will be blocked on your credit card until your order is shipped to the shipping address you have provided to us, at which time you will be sent an order confirmation and your credit card will be charged the applicable purchase price. By submitting an offer to purchase products on the Website, you expressly authorize us to perform such credit card pre-authorization and, where we deem necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit-card number, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and to authorize individual purchase transactions.
In order to secure your transaction and prevent fraud, we or Shopify may perform a credit card and anti-fraud check. By placing your order, you will be deemed to have authorized such checks and, where we or Shopify deem it necessary, from time to time to transmit or obtain information that you have provided to us about you in order to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and to authorize a particular purchase transaction.
Discount Codes: We may from time to time offer promotional discount codes (either directly or via third parties) which may apply in respect of any, or certain specified, purchases made through this Website. Such codes may only be applied to purchases of full-price items and cannot be used in conjunction with any other offer or discounts. Additional terms may apply to the use of discount codes, so please review them carefully.
Delivery: We aim to dispatch all orders within 48 business hours (provided they are in stock). We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order. We work with a variety of shipping providers. We can accept no responsibility for packages that are signed for by someone other than the addressee, or where the addressee waives signature. It is your responsibility to ensure that the delivery address you give us is correct and accurate and that there is somebody to sign for and take delivery of the goods from the delivery service used (if required). For our delivery & returns policy please click here. You will become the owner of the goods you have ordered when they have been shipped to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction. If your order is returned to us because the shipping service could not complete the delivery to you for whatever reason, then you may be responsible for the repeat delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract. If we do so we will refund the money you have paid in advance for the goods but we shall be entitled to deduct delivery, repeat delivery and storage costs incurred by us.
If your product develops a fault within 30 days of purchase, please return with proof of purchase and we’ll exchange or refund it. Please note that conditions that develop as a result of misuse or abuse of a product, or the loss of a product, are not covered.
Defective goods, delay and delivery of the wrong quantity. If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, please let us know as soon as possible by notice by email to email@example.com and within thirty days of the issue arising. In the event that we deliver a greater quantity of goods than you ordered, it is your responsibility to notify us of such error. At your request, we will provide you with a refund or credit for the goods invoice value for faulty goods which we cannot reasonably repair or replace. If you request a refund for a faulty good we request that you return the item to us for examination. We are unable to cover the cost of returns of orders from outside of the United States of America.
If you do not receive goods ordered by you within a reasonable time of the specified delivery date on which you ordered them, we will have no liability to you unless you notify us by email or telephone at our contact address of the problem within 14 days of the date on which you ordered the goods. If you notify us of a problem under this condition, our only obligation will be, at your option either (a) to make good any shortage or non-delivery; or (b) to refund to you the amount paid by you for the goods in question, as we may determine in our sole discretion.
Except as expressly provided above, or as otherwise provided by nonwaivable provisions of applicable law, you agree that our liability, if any, in connection with your use of the Website, the Content and/or our products shall not exceed the value of your purchase, or if you did not make a purchase the value of the average purchase during the month you visited the Website.
Except as otherwise provided by nonwaivable provisions of applicable law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify us of and we have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause above.
WHILE EVERY REASONABLE EFFORT WILL BE MADE TO ENSURE THAT THE DESCRIPTIONS, PHOTOGRAPHS OR GRAPHICAL REPRESENTATIONS OF THE PRODUCTS DISPLAYED ON THE WEBSITE ARE AS ACCURATE AS POSSIBLE, WE DO NOT WARRANT THAT SUCH MATERIALS OR OTHER CONTENT IS ERROR-FREE, WHETHER AS A RESULT OF INACCURACY, OMISSION, OBSOLESCENCE OR OTHERWISE. ACCORDINGLY, YOUR SOLE REMEDY IN THE EVENT OF ANY SUCH ERROR IS TO RETURN THE PRODUCT AS SET FORTH IN OUR RETURN POLICY.
YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND US RELATING TO THE PROVISION OF THE WEBSITE, OUR PRODUCTS AND OUR SERVICES TO YOU, AND WE WOULD NOT PROVIDE THE WEBSITE, PRODUCTS OR SERVICES TO YOU WITHOUT THIS LIMITATION.
PLEASE READ THIS SECTION CAREFULLY. EXCEPT AS THESE TERMS OTHERWISE PROVIDE, YOU WAIVE YOUR RIGHTS TO TRY ANY CLAIM IN COURT BEFORE A JUDGE OR JURY AND TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, OR OTHER REPRESENTATIVE ACTION.Agreement to Binding Arbitration
Any dispute, claim or controversy between you and us, our agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates (collectively for purposes of this section, “we,” “us” or “ours”) arising from or relating in any way to: (1) these Terms and their interpretation or the breach, termination or validity thereof, and the relationships which result from these Terms; (2) your use of any website owned or operated by us or our affiliated brands; or (3) any products or services sold or distributed by us or our affiliated brands or through any website owned or operated by us or our affiliated brands (collectively, “Covered Disputes”) will be resolved by binding arbitration, rather than in court.
The arbitrator also has the sole authority to and shall address all claims or arguments by both parties concerning the entry into, legality, and enforceability of this arbitration clause, the scope of this clause, and the arbitrability of any claim or issue arising between you and us.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms as a court would.Exceptions to Arbitration
Notwithstanding the foregoing, in lieu of arbitration: (1) either you or we can bring an individual claim in small claims court in the United States of America consistent with any applicable jurisdictional and monetary limits that may apply, provided that it is brought and maintained as an individual claim; and (2) you agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.Jury Trial and Class Action Waiver
Except as these Terms otherwise provide, you and we acknowledge and agree that you are waiving the right to a trial by jury and to the litigation of disputes in state or federal courts of general jurisdiction. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action/class arbitration or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. You and we may not be plaintiffs or class members in any purported class, collective, private attorney general, or representative proceeding, or otherwise make or proceed with any claim on a collective or consolidated basis, and may each bring claims against the other only in your or our individual capacity. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the individual claim. Other rights that you would have if you went to court, such as access to discovery, also may be unavailable or limited in arbitration.Governing Law
You and we agree that any claim between us involves commerce under, and is governed exclusively by, the Federal Arbitration Act (“FAA”) and federal law, and not by any state or local laws, or the laws of other countries, concerning or purporting to place limits on the availability or scope of arbitration or in any way imposing requirements beyond or inconsistent with those set forth in the FAA. Where otherwise applicable, the laws of the State of Delaware apply.Initiating Arbitration and Arbitration Rules
Prior to initiating any arbitration, the initiating party will give the other party at least 60-days' advance written notice of its intent to file for arbitration. We will provide such notice by email to your email address on file with us and you must provide such notice by email to [firstname.lastname@example.org]. During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Covered Disputes. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration.
Any arbitration will be held before a single neutral arbitrator and will be governed by the Consumer Arbitration Rules and the Consumer Due Process Protocol (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”) as currently in effect, and as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at https://www.adr.org/consumer, by calling the AAA at 1-800-778-7879, or by writing to the AAA Notice Address set forth below. To the extent that there is a conflict between this clause and the AAA Rules, the arbitrator shall resolve such conflicts so as to preserve the parties’ mutual obligation to arbitrate claims on an individual basis.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the AAA and to email@example.com. The AAA’s address is: American Arbitration Association Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043 (the “AAA Notice Address”). You may also send a copy to the AAA online at https://www.adr.org. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.Arbitration Fees
Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. We are committed to providing for dispute resolution at a reasonable cost to consumers consistent with the AAA Rules, and any matters related to such cost, if not agreed to by you and us, will be decided by the arbitrator.Other
To the extent that any other provision of these Terms is found to be inconsistent with rights, duties, and requirements of this arbitration agreement, or where the application of such a provision would change or render unenforceable any part of this arbitration agreement, such provision shall be null and void and the terms of this arbitration agreement shall control.
Unless otherwise expressly stated in these Terms, all notices from you to us must be in writing and sent by email to our contact address at firstname.lastname@example.org and all notices from us to you will be displayed on our Website.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
You agree to indemnify, hold harmless and, at our option, defend us (including our affiliates, officers, directors, employees, agents, licensors, suppliers, and any-third part information providers from and against all damages, claims, demands, liabilities, costs and expenses, including reasonable attorney’s fees, resulting from any violation of these Terms, applicable law or any material that you submit to us via the Website, social media or otherwise, if any.
We will not be in breach of our contract with you or otherwise liable for any delay in performance if to the extent that any delay or failure is due to circumstances beyond its reasonable control including, without limitation, shipping delays, strikes, lockouts and other industrial disputes, breakdown of systems or network access, flood, fire, explosion, pandemic, epidemic, public health emergencies, emergency measures implemented by governmental authorities, or accident.
Customers will be automatically entered into Astrid & Miyu Loyalty Program once they create an Astrid & Miyu account and place their first order. Further, by accepting the loyalty points, each customer agrees to release and hold harmless Astrid & Miyu, its licensees, affiliates, subsidiaries, merchant partners, advertising and promotion agencies and their respective directors, officers, employees, representatives and agents from any and all liability for any injuries, loss or damage of any kind to person, including death, and property, arising in whole or in part, directly or indirectly, from acceptance, use or misuse of the loyalty discounts or participation in any Loyalty Program related activity. This Loyalty Program is void where prohibited by law. Astrid & Miyu reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Loyalty Program; to be in violation of these Terms; or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any use of robotic, automatic, macro, programmed or like entry, methods will void all such entries by such methods. In the event of a dispute as to entries submitted by multiple users having the same email account, the authorized subscriber of the email account used to enter the Loyalty Program at the actual time of entry will be deemed to be the user and must comply with these rules. Authorized account subscriber is deemed to be the natural person who is assigned an email address by an internet access provider, online service provider or other organization, which is responsible for assigning email, addresses or the domain associated with the submitted email address. We prosecute fraudulent activities to the full extent of the law.
We reserve the right at our sole discretion to modify, suspend or cancel the Loyalty Program, without notice for any conduct that we, in our sole discretion, believe is in violation of acceptable usage of our Loyalty Program. We also reserve the right to revoke reward points if we feel the participant has tried to abuse the Loyalty Program in any way.
We reserve the right to change these Terms from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. We will provide you with notice of the changes by publishing the updated Terms on our Website. Please check the Website regularly to determine whether the Terms have been changed. We will also endeavour to email you to notify you of material changes to the Terms. If you do not agree to any change to the Terms then you must immediately stop using the Website. We make no representations or warranties about the accuracy completeness or suitability for any purpose of the information and related graphics published on our Website. From time to time our site may contain technical inaccuracies or typographical errors.