Terms of Service
THESE TERMS OF SERVICE CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS HOW DISPUTES WITH LEILABOX ARE RESOLVED. BY ACCEPTING THESE TERMS, YOU ARE AGREEING TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED BELOW TO RESOLVE ANY DISPUTES WITH LEILABOX. PLEASE READ IT CAREFULLY.
These Terms of Service (“Terms”) are a legal agreement between you ("you" or "your") and LeilaBox, LLC, a Maryland limited liability company, with its principal place of business at 600 Jefferson Plaza, Suite 308, Rockville, MD 20852 ("LeilaBox" "We,", “we” "us," or "our"), establishing terms and conditions under which you will submit information to, and borrow or purchase designer jewelry (each a “Product” and collectively, "Products or Items") and receive related services (“Services”) from, LeilaBox via our website at https://www.LeilaBox.com (the "Website").
You agree to receive all communications from LeilaBox under this agreement electronically via email, you agree to keep your current email address updated always and agree that you will be deemed to have received any notices we send to that email address.
We reserve the right to change the terms of this agreement in the future and any changes will apply to the borrowing and purchase of any products after the date of such change. We may provide notice of any such changes by email, notice to you upon log-in, or by publishing them on the website. If you do not agree to any changes in the terms as they may occur, please arrange to terminate your subscription by notifying LeilaBox of your unwillingness to accept the changes to the terms by emailing info@LeilaBox.com or calling us at and by immediately returning all outstanding products and discontinuing your use of the services and the website.
LeilaBox Subscription Services
The Services allow registered members to access the Website and, with an Account (as defined below), BORROW or BUY Products from LeilaBox in accordance with these Terms. Members also agree to comply with any terms, conditions, or policies that LeilaBox may provide to users from time to time on the Website.
LeilaBox offers rebillable subscriptions (“Subscription”). By purchasing a Subscription, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Your subscription will be automatically extended for successive terms, at the then-current subscription rate.
A Subscription membership continues until terminated. LeilaBox or the member can terminate at any time at their discretion with no cancellation fee and no responsibility for recurring charges after cancellation; provided that all of the Products you do not wish to purchase must be returned prior to the next billing cycle or your membership will not terminate and you will continue to incur recurring charges. Upon termination, your Account is not deleted and you can still sign in to the Website until such time as LeilaBox limits your access to or suspends your Account. You agree that any termination, limitation of access and/or suspension shall be made in LeilaBox’s sole discretion and that LeilaBox not be liable to you or any third party for the termination, limitation of access and/or suspension of your Account. Without prejudice to our other rights under these Terms, if you breach these Terms we may take such action as we deem appropriate to deal with the breach.
Under our subscription programs, the member is sent Products to borrow from our selection, and have them shipped to the member's address. All of this with no due dates or limits on the number of times a member can borrow. However, we do limit the number of Products you may borrow at any one time and all Products you do not wish to purchase must be returned at the same time in order to borrow additional Products, all as outlined on the Website. We reserve the right to require the return of any or all borrowed Products in your possession in the event you fail to make required payments on time. Delivery time for products you have selected to borrow may vary based upon many factors including but not limited to (a) inventory availability, (b) your delivery address, (c) when you place an order, and (d) other circumstances impacting delivery. Accordingly, LeilaBox makes no guarantees as to actual delivery time. We will send you an email letting you know when your Product is shipped. The borrowing period begins the time of delivery to the shipping carrier. The risk of loss for Products shipped passes to you upon delivery and from then on you bear the risk of loss and are responsible for the Products until returned to and received by LeilaBox; provided, however, that if you receive a damaged Product, please email us at info@LeilaBox.com immediately and return all your Products together as you normally would. All shipping carrier confirmed deliveries are the sole responsibility of the recipient. If you are unable to locate a confirmed delivery, you are required to contact LeilaBox immediately so we can investigate. Until the investigation is complete and we are able to determine the results of the lost Products, at our discretion, we may decide to temporarily suspend the borrowing period. The Products shipped to you include a return envelope for which postage has already been paid so you can more easily return your Products to us.
If there is slight damage or wear (e.g. lost earring back, a stone falls out, etc.) this is fully covered. If you have any damage or loss issues, please email us immediately at info@LeilaBox.com. If you return a Product with excessive or abusive damage exceeding normal wear and tear, as determined by LeilaBox in its sole discretion, you agree that LeilaBox may charge your credit card and collect the full member’s price for such Product. You are also responsible in the event of a theft or loss of a Product and in this event you will be responsible for the full member’s price (less any applicable available discount) immediately upon notification of the loss of the Product. Also, LeilaBox reserves the right to close your account at any time if we notice multiple cases of excessive damage or abuse to the Products you have borrowed.
If you erroneously ship an item to us mistakenly believing it was a borrowed Product, we will endeavor to notify you of the item discovered, but we are not responsible or liable for items sent to us in error. If you realize you’ve sent us an item in error, please contact us at info@LeilaBox.com as soon as possible so we can attempt to locate it and return it to you.
Becoming a Member and Obtaining an Account
Before you can begin use of the Services, you must register through the Website to obtain an account (“Account”). You must have a valid credit card and Internet access to use our Services. You must be 18 years of age or older to register as a member and use the Services and you must reside within the United States or its territories. Your membership will automatically renew for successive monthly membership periods, unless you cancel your membership or your membership is otherwise determined by LeilaBox to terminate under these Terms. You agree to provide true, accurate, current and complete information about yourself as prompted by the Website's registration form, and you agree to maintain and promptly update this data (including, without limitation, you e-mail address and your shipping address) and style profile section of the Website to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have any reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may review, deny, suspend or terminate your Account and refuse to offer you any and all current or future use of the Services and the Website. You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer. You are solely responsible for any activity related to your Account. If you suspect any unauthorized use of your Account, notify us immediately. In order to provide you with ease of access to your Account, we may place a cookie (a small text file) on the computers from which you access the Website. When you revisit the Website, this cookie will enable us to recognize you as the Account holder and allow you to more easily access your Account.
When using this Website and an applicable third party social networking services (e.g., Facebook, Twitter, Instagram, Google +) (each and collectively, a “Social Network”), you may have the option to consent to connecting your profile or activity on our Website with your Social Network information and activity. If you choose to use our Social Network populating feature to create an account, we may import information for your account or profile on our Website from a Social Network. We only import from the information you allow to be imported from the Social Network access to which is controlled by your privacy settings on that Social Network. The authentication of your Social Network login credentials is conducted solely by the Social Network. If you do use this feature we will initially create your profile by displaying your first name as the user name displayed to other users, gender, current city, interests, about me, photos, and age (which is calculated from your birthdate). With your permission, we may also combine that information with your public social media profile (which may include your friend list, birthday, work history, interests, current city, photos, personal description and likes). IN ORDER TO VERIFY THAT THE INFORMATION WE RECEIVE FROM A SOCIAL NETWORK IS TRUE, ACCURATE, AND COMPLETE, AS IT WILL CONSTITUTE THE REGISTRATION DATA, WE MAY CONTACT YOU PRIOR TO REGISTERING YOUR ACCOUNT.
When you open an Account, you will be required to provide LeilaBox with accurate, complete and current credit card information for a valid credit card that you are authorized to use. LeilaBox currently only accepts Visa, MasterCard, American Express, and Discover Card. We do not accept pre-paid or pre-loaded cards or personal check or travelers checks of any kind. By signing up for the Services, you authorize LeilaBox or its agent to bill your credit card for the applicable subscription fee, any Product purchases, shipping charges (if any), any and all applicable taxes, and any other charges you may incur in connection with your use of the Services. Other fees will be charged to your credit card as you incur them. You agree not to charge back any fees or charges and any charge backs will result in you paying associated charge back fees. For a monthly Subscription, the renewal date is the day you're billed each month. For example, if we first billed you on March 5, your renewal date is the 5th of each month. We will bill you for another month of service every 5th day of the month.
If LeilaBox does not receive payment from your credit card provider, if your credit card expires or is rejected, or if there is a charge back for any reason, you agree to pay all amounts due upon demand. Following any such non-payment, we may require you to provide a second valid credit card before continuing to use the Services and you authorize LeilaBox to charge outstanding fees and other amounts due us against any credit card you have on file with us. LeilaBox reserves the right to take all steps necessary to collect amounts due from you, including but not limited to legal action and/or using third party collection agencies. If your account is forwarded to a collection’s agency, you will additionally be liable for any recovery fees and costs charged by the agency. LeilaBox reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
You are solely responsible for any and all fees charged to your credit card by the issuer, bank, or financial institution including, but not limited to, overdraft, insufficient funds, charge backs, and over the credit limit fees. You agree to notify us about any billing problems or discrepancies within 30 days after they first appear on your Account statement. If you do not bring them to our attention within 30 days, you agree that you waive your right to dispute such problems or discrepancies.
We reserve the right to determine whether your credit card(s) is/are pre-authorized to accept a minimum charge equal to each Product being borrowed or purchased. In the event we feel the amount of available credit is not sufficient to cover these amounts, we may request the immediate return of all outstanding items and/or that you provide a second valid credit card before continuing to use the Service.
Typically, an initial authorization for $1.00 is processed; this is to verify the validity of the card. There will then be a second authorization for the actual amount of the monthly subscription fee or purchase price. Once the order has gone through and shipped, only the actual amount of the order and any applicable taxes/fees/charges will be charged.
To purchase any of the Products sent to you, just keep the Product or Products you want to buy when you return the rest of your borrowed Products. Prices for each Product are listed on the packing list included in your set. You hereby authorize LeilaBox to charge your credit card for the Products you've kept, plus any applicable sales taxes, when we receive the returned Products. You can also click "buy now" on your feedback page under your Account, thereby authorizing LeilaBox to immediately charge your credit card for the Products purchased.
If through normal wear the purchased Product becomes damaged, we will replace or refund the Product for up to 60 days after your purchase.
SUBJECT TO THE IMMEDIATELY PRECEDING PARAGRAPH, ONCE YOU PURCHASE A PRODUCT THE TRANSACTION IS COMPLETE AND LEILABOX WILL NOT SUBSEQUENTLY ACCEPT A RETURN OR REFUND OF THAT PRODUCT FOR ANY REASON.
Limited License/Access Limits
Unless otherwise stated, LeilaBox and/or its licensors own the intellectual property rights in and to the Website and material on the Website. Unless otherwise specified, the content on this Website is for your personal and non-commercial use and LeilaBox grants you a limited license to access the Website solely for that purpose. All other intellectual property rights are reserved. You must not use this Website to transmit or send unsolicited commercial communications or for any purposes related to marketing without our express written consent. You must not use this Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Website without the express written consent of LeilaBox.
Without our express written consent, LeilaBox specifically prohibits any use of the Services, and requires all users to agree not to use the Services, for any of the following:
Republishing material from this Website (including republication on another website);
Selling, renting or sub-licensing material from the Website;
Showing any material from the Website in public;
Reproducing, duplicating, copying, communicating, transmitting, posting, or otherwise exploiting material on this Website for a commercial purpose;
Editing or otherwise modifying any material on the Website;
Redistributing material from this Website except for content specifically and expressly made available for redistribution;
Creating multiple accounts for the same user;
Accessing data not intended for you or logging on to an Account, which you are not authorized to access;
Impersonating any person or entity, or otherwise misrepresenting your affiliation with a person or entity; or
Engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violating any city, state, national or international law or regulation that would fail to comply with accepted Internet protocol.
Disclaimers of Warranties; Limitations on Liability
THE MATERIALS ON LEILABOX'S WEB SITE ARE PROVIDED "AS IS". LeilaBox makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, LeilaBox does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In no event, shall LeilaBox or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on LeilaBox's Internet site, even if LeilaBox or a LeilaBox authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
You agree to indemnify and hold LeilaBox, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services in violation of these Terms and/or arising from a breach of these Terms.
“LeilaBox” is a trademark of Leila Enterprises, LLC. All LeilaBox graphics, logos, page headers, button icons, scripts, proprietary product names, and service names are trademarks or trade dress of LeilaBox. Any trademarks not owned by LeilaBox that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by LeilaBox. All content and compilation thereof on the Website, including, but not limited to, text, graphics, logos, designs, photographs, button icons, images, data compilations, and software, is the property of LeilaBox, its licensors, or its Product suppliers, and is protected by United States and international copyright laws. No material, including, but not limited to, the material listed above, should be reproduced or used without our express written permission.
Links and Advertising
We may provide, or third parties may provide, links to other Web sites or resources that are beyond our control. We make no representations as to the quality, suitability, functionality, or legality of any sites to which links may be provided, and you hereby waive any claim you might have against us, with respect to such sites. LEILABOX IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WEB PAGES THAT ARE CONTAINED OUTSIDE THE WEBSITE.
Your correspondence or business dealings with, or participation in promotions of, advertisers or partners found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or partner. You agree that we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or partners on the Website.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND LEILABOX HAVE AGAINST EACH OTHER ARE RESOLVED.
You and LeilaBox agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of these Terms, your use of or access to the Website, or any Products or Services offered, borrowed, or sold or purchased through the Website, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.
You and LeilaBox each agree that any and all disputes or claims that have arisen or may arise between you and LeilaBox relating in any way to or arising out of this or previous versions of the Terms, your use of or access to the Website, or any Products or Services borrowed, sold, or purchased through the Website, shall be resolved exclusively through final and binding arbitration, rather than in court, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property. Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this section of the Terms to the exclusion of state law inconsistent therewith.
YOU AND LEILABOX AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING OR PRIVATE ATTORNEY GENERAL ACTION. Unless both you and LeilaBox agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims, and may not otherwise preside over any form of a consolidated, representative, collective, or private attorney general action, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other users.
Arbitration uses a neutral arbitrator instead of a judge or jury, court review of an arbitration award is very limited, and arbitration is more informal than a lawsuit in court. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of the Terms as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this section of the Terms rate, equitable actions with respect to intellectual property as described above, or the interpretation of prohibition of class and representative actions, private attorney general actions, and non-individualized relief shall be for a court of competent jurisdiction to decide.
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this section of the Terms. The AAA’s rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The use of the word “arbitrator” in this provision shall not be construed to prohibit more than one arbitrator from presiding over an arbitration: rather, the AAA’s rules will govern the number of arbitrators that may preside over an arbitration conducted under this section of the Terms.
A party who intends to seek arbitration must first send to the other, by certified mail, a completed form Notice of Dispute (“Notice”). The Notice to LeilaBox should be sent to LeilaBox at the address first set forth above. LeilaBox will send any Notice to you to the physical address we have on file associated with your Account; it is your responsibility to keep your physical address up to date. All information called for in the Notice must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought.
The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same LeilaBox user to the extent required by applicable law. The arbitrator’s award damages must be consistent with the terms of the “Disclaimer of Warranties; Limitations on Liability” section above as to the types and amounts of damages for which a party may be liable.
Any dispute relating in any way to your visit to, or use of this Website, to the products you purchase through the Website, your Subscription, or to your relationship to LeilaBox shall be submitted to confidential arbitration in the state of Maryland. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Maryland. You agree that regardless of any statute of law to the contrary, any claim or cause of action arising out of, related to or connected with the use of this Website must be filed within one (1) year after such claim of action arose or be forever banned.
Should you have any questions regarding these terms, please contact us immediately.