Terms of service

Website: https://www.finegemsstudio.site/
Business Name: BN MAKALU ESTATES LLC
Last Updated: October 10, 2026

1. Introduction and Acceptance

Welcome to Fine Gems Studio. These Terms of Service govern your access to and use of https://www.finegemsstudio.site/, including browsing, purchasing products, communicating with customer service, and using the website's available features.

The website is operated by BN MAKALU ESTATES LLC, located at 15365 Orange Blvd, Loxahatchee, Florida 33470, United States.

By accessing the website or placing an order, you agree to comply with these Terms of Service and the policies incorporated into them, including our Return and Refund Policy, Privacy Policy, and Shipping Policy. If you do not agree with these terms, please discontinue use of the website.

These terms are intended to explain the responsibilities of both the business and its customers in clear, practical language. They do not exclude any consumer protection or other legal right that cannot lawfully be excluded.

2. Products and Store Offerings

Fine Gems Studio offers girls’ socks and children’s bags intended to support everyday dressing, school activities, travel, outings, and other ordinary uses.

We make reasonable efforts to present product descriptions, colors, sizes, materials, designs, and other characteristics as accurately as possible. Product availability and the selection of styles may change over time.

Images are provided to help customers understand the appearance and features of an item. The displayed color may differ slightly from the physical product because of lighting, photography, monitor settings, device displays, or ordinary manufacturing variations.

Customers should review the available product description, size information, quantity, and other relevant details before submitting an order. If essential information is unclear, please contact us before purchasing.

Nothing in this section limits any rights you may have when a product is materially misdescribed, defective, or otherwise subject to a remedy under applicable law.

3. Product Suitability and Responsible Use

Our products are intended to be selected and used according to their descriptions, construction, and applicable care instructions.

For girls’ socks, customers should review the available sizing information and care guidance before use. For children’s bags, customers should consider the product's stated dimensions, features, intended use, and any stated carrying limitations.

Parents and guardians should supervise children as appropriate to the child's age, the product's design, and the circumstances of use. Keep packaging materials and any detachable components away from young children when they may present a hazard.

Do not assume that a product is suitable for every age group, activity, or carrying requirement unless that suitability is expressly stated. Contact us if you need clarification about a product's listed characteristics.

4. Eligibility to Purchase

By placing an order, you confirm that you are legally able to enter into the transaction and that the information you provide is accurate to the best of your knowledge.

If you are purchasing products for a child, you remain responsible for ensuring that the order is placed by an authorized adult and that the products are selected and used appropriately.

We reserve the right to decline or cancel an order where there is a reasonable and lawful basis, including suspected fraud, payment authorization failure, a material listing error, inventory unavailability, or an apparent violation of these terms.

5. Product Prices, Taxes, and Fees

Prices are displayed in the currency indicated at checkout. We make reasonable efforts to ensure that prices and applicable charges are presented accurately.

The final amount due may include the product price, applicable taxes, and any shipping charge disclosed before the order is submitted. Our standard shipping terms provide free shipping for qualifying orders, while orders with a merchandise total below $10 are charged a $5.99 shipping fee, as described in the Shipping Policy.

If a material pricing or listing error is discovered, we may contact you to explain the issue and offer an appropriate resolution, such as confirmation at the correct price or cancellation with a refund of amounts paid for the canceled order, subject to applicable law.

We will not intentionally use a correction process to deprive customers of rights or remedies required by law.

6. Orders and Order Acceptance

Submitting an order constitutes an offer to purchase the selected products under the terms displayed at checkout.

An order confirmation email may acknowledge receipt of your order, but it does not necessarily establish that the order has been finally accepted or dispatched. Acceptance may depend on payment authorization, inventory verification, fraud screening, and fulfillment review.

If we cannot fulfill an order, we may notify you and cancel the affected items or the entire order, as appropriate. If payment has already been collected for an order we cancel, we will arrange the applicable refund.

Please review your order details carefully before submitting payment. If you identify an error, contact us promptly. We cannot guarantee that a change can be made once fulfillment has begun.

7. Payment and Transaction Security

You agree to provide valid payment and billing information and to authorize payment for the order you place.

Payments may be processed by third-party payment service providers. Your transaction may be subject to the provider's own terms, authentication procedures, and security checks.

We may delay or decline an order if payment cannot be authorized, transaction information is inconsistent, or a reasonable security concern arises.

Electronic order confirmations, receipts, and other transaction communications may be delivered electronically. Where applicable, electronic records and signatures are governed by relevant law, including applicable provisions of Florida Statutes Chapter 668.

8. Shipping and Delivery

We ship orders according to our Shipping Policy and the options presented at checkout. Delivery estimates are provided for planning purposes and are not guarantees of a particular delivery date unless expressly stated otherwise.

You are responsible for reviewing the shipping address and contact information before completing an order. Once a package is handed to the carrier, some delivery events are outside our direct control.

If a shipment is delayed, appears lost, arrives damaged, or is marked delivered but cannot be located, contact us with your order number and relevant tracking information. We will review the circumstances and explain the available next steps.

Our Shipping Policy forms part of these Terms of Service. If a shipping-specific procedure is described in greater detail there, that procedure should be read together with these general terms.

9. Returns, Refunds, and Exchanges

Our Return and Refund Policy explains the conditions for requesting a return, replacement, exchange, or refund.

Customers should contact [email protected] before sending products back. A return may require an order number, product photographs, or other reasonable information to establish the nature of the issue.

For hygiene reasons, ordinary change-of-mind returns of girls’ socks generally require that the items remain unworn, unwashed, and in their original condition. Children’s bags must also meet the applicable return-condition requirements.

These procedures do not eliminate remedies required by law for defective, incorrectly supplied, or materially misrepresented products.

10. Acceptable Website Use

You may use our website for lawful personal shopping, product research, and related customer-service activities.

You agree not to:

• Use the website for unlawful, fraudulent, or deceptive purposes.

• Submit deliberately false order, payment, identity, or delivery information.

• Attempt to gain unauthorized access to the website, its systems, or other users' information.

• Introduce malicious code, interfere with site security, or disrupt normal operation.

• Use automated tools to access or extract website content in a manner that violates applicable law or infringes our rights.

• Copy, republish, or commercially exploit protected website materials without authorization.

• Submit abusive, threatening, or knowingly fraudulent claims through customer-service channels.

We may investigate suspected misuse and take proportionate action, including restricting access or declining a transaction where legally justified.

11. Intellectual Property

The website's original text, product descriptions, graphics, layout, branding, photographs, and other content may be protected by intellectual property laws.

Unless otherwise indicated, those materials may not be copied, republished, distributed, modified, or commercially exploited without the relevant rights holder's permission, except as allowed by law.

Purchasing a product does not transfer ownership of the website's intellectual property or grant a license to use its branding or content for commercial purposes.

Third-party names, marks, and materials remain the property of their respective owners.

12. Reviews, Feedback, and Customer Submissions

If you submit feedback, suggestions, product reviews, or other content, you are responsible for ensuring that your submission is lawful and does not violate another person's rights.

Do not submit private information about another individual without appropriate authority. We may moderate, remove, or decline to display content that appears fraudulent, unlawful, abusive, misleading, or unrelated to the website's legitimate purpose.

If you provide a suggestion about product presentation, packaging, or customer service, we may use that feedback to improve our business operations, subject to applicable law and any separate agreement governing the submission.

13. Third-Party Services

Our store may rely on third-party platforms for payments, website hosting, analytics, customer communications, and delivery.

These services may be governed by separate terms and privacy notices. We do not control every aspect of an independent provider's systems or operations, although we aim to work with service providers appropriate to our business needs.

Any use of an external website or service is subject to its applicable terms. Nothing in this section removes responsibilities that we may have under applicable law.

14. Website Availability and Changes

We aim to keep the website accessible and accurate, but continuous, uninterrupted availability cannot be guaranteed.

Maintenance, technical problems, security measures, hosting issues, or events outside our reasonable control may temporarily affect access or functionality. We may update product listings, revise website features, or discontinue a product when reasonably necessary.

We will not use a website change to eliminate rights that have already accrued to customers under applicable law.

15. Consumer Protection and Legal Compliance

These terms are intended to be interpreted consistently with applicable federal law and Florida law, including relevant provisions of Florida's consumer-protection statutes.

Florida Statutes Chapter 501 includes provisions addressing deceptive and unfair trade practices. Nothing in these terms authorizes misleading product descriptions, improper billing, or the denial of a remedy that the law requires.

Where a provision of these terms conflicts with a mandatory legal requirement, the applicable legal requirement will control to the extent of the conflict.

16. Disclaimers and Limitation of Liability

To the extent permitted by applicable law, the website and its general content are provided on an “as available” basis. We do not guarantee that the website will always be uninterrupted, error-free, or compatible with every device or browser.

We do not exclude any express product commitment made at checkout or any warranty or consumer right that cannot lawfully be disclaimed.

To the extent permitted by law, BN MAKALU ESTATES LLC will not be liable for indirect, incidental, special, or consequential losses arising from website access or use when such losses are not legally recoverable. This limitation does not apply where prohibited by law or where liability cannot lawfully be restricted.

Nothing in this section excludes liability for fraud or other liability that cannot legally be excluded.

17. Indemnification

To the extent permitted by law, you agree to be responsible for losses or reasonable costs arising from your unlawful use of the website, intentional misuse of its systems, or material violation of these terms where such conduct causes harm to the business or another party.

This provision does not require you to indemnify us for losses caused by our own unlawful conduct or waive any right that applicable law makes non-waivable.

18. Governing Law and Disputes

These Terms of Service are governed by the laws of the State of Florida, without applying conflict-of-law principles to the extent they would require the application of another jurisdiction's law.

Before initiating formal proceedings, customers are encouraged to contact us at [email protected] so that we can attempt to understand the issue and seek a practical resolution.

If a dispute cannot be resolved informally, it will be handled by a court or other authorized forum with proper jurisdiction. Nothing in this section prevents a customer from exercising a statutory right or seeking a remedy that cannot lawfully be restricted.

19. Severability and No Waiver

If a provision of these terms is found to be invalid or unenforceable, the remaining provisions will remain effective to the extent permitted by law.

Our failure to enforce a provision on one occasion does not automatically waive our right to enforce it in the future.

20. Updates to These Terms

We may revise these Terms of Service when our products, operations, technology, or legal obligations change. The updated version will display a revised “Last Updated” date.

Changes will apply as permitted by law. Where a particular notice, consent, or other procedure is legally required, we will follow that requirement.

21. Contact Information

For questions about these terms, an order, or a website transaction, contact:

BN MAKALU ESTATES LLC
15365 Orange Blvd
Loxahatchee, FL 33470
United States

Email: [email protected]
Contact Person: SHEREE DENEA CARPENTIER
Website: https://www.finegemsstudio.site/