terms and conditions

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

1. Overview:

a. This website is owned and operated by Milkstone, LLC. Throughout the site the terms such as “I”, “me”, “my”, “us”, “our”,and “we” refer to Milkstone, LLC.. as well as the owner Melanie Malia. 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 Milk Stone, accessible from www.milkstone.co
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.

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.

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 not priced correctly, 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.

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:

When an order is placed, an email confirmation will be sent with specific instructions on sending your inclusions to us. Here are the guidelines to follow:

1. You are responsible for covering the shipping costs for sending your inclusions to us.

2. Avoid selecting signature upon delivery, as our P.O. Box cannot accommodate signed deliveries.

3. The mailing address for your inclusions will be provided in the confirmation email.

Note: Please do not send Milk Stone the last of any of your inclusions in the rare event that mail gets lost.Only ashes will be returned with your order, while any remaining inclusions will be carefully preserved and stored for potential future pieces at your request.

Sending Breast Milk

  1. Put 15ml into a breast milk storage bag and make sure it is sealed properly.
  2. Take that bag and place it in another breast milk storage bag.
  3. Take that bag and place it in yet another breast milk storage bag.
  4. Label the third exterior breast milk storage bag with your full name and order number. Please do not label the interior bags.  In case the breast milk leaks through the first and second bag the ink won't leach into your breast milk.
  5. If you are sending any other inclusions with your breast milk they need to be in a separate bag that is also labeled with your name and order number.
  6. This can be sent in a normal letter envelope or small bubble wrapper. No need to send in an extravagant package.

Sending Hair

  1. Please send a thick lock of hair or whatever you feel comfortable parting with. 
  2. Take the lock of hair and tie a string around it.  
  3. Wrap that in a little piece of tissue and put that in a ziplock bag.
  4. Label with your name and order number

Sending Flowers

  1. Please ensure that your flowers are fully dried before sending to prevent mold.
  2. To dry your flowers, gently sandwich them flat between two layers of paper towels and place them inside a book or heavy object for pressing. Another method is using silica gel, which can be purchased on Amazon, though it is a pricier option. Alternatively, you can hang the flowers upside down to dry in sunlight. While this method may cause slight color fading over time, rest assured that your flowers will be preserved in UV resin to maintain their beauty. Please note that some minimal fading may occur naturally as part of the preservation process.
  3. To ensure accurate preservation, kindly include at least one petal from each flower you wish to have preserved. You may select from our birth month flower options during checkout or provide your own meaningful blooms for us to work with. For safe shipment, sandwich the petals between paper towels and place them in a labeled ziplock bag along with your name and order number. When sending in breast milk along with the petals, we recommend placing them in separate bags to prevent any potential leakage from affecting the other inclusions. This precaution ensures the integrity of your cherished pieces in case of any unforeseen circumstances.

Sending Ashes, Soil, Sand or formula

  1. Please send at least 1 tablespoon in a ziplock baggie.
  2. Please label the outside of your baggie with your name and order number.

Sending Placenta

  1. If using a capsule please provide one or two.
  2. If not already encapsulated please ensure the placenta is fully dried by using a dehydrator or oven.  Once completely dry please crush before sending.

Sending Umbilical Cord Stump

  1. Please cut a little piece off of the umbilical stump.  Ensure that it is completely dried before sending.
  2. Cut into small pieces and place in a ziplock bag.

Milkstone, LLC. cannot control services outside of our studio; therefore, we are not responsible for inclusions lost en route to the studio and cannot issue refunds or shipping totals.  Milk Received: You will not be notified when your milk arrives.


4.Turnaround Time
**Current turnaround time is an estimated 6-20 weeks**

a. The turnaround time begins once your breastmilk has been received and checked in. We 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 on our social media pages.

**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 Social Platforms.  You agree to this possibility when you purchase from Milkstone, LLC.


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

b. Lost Items: If your finished keepsake has become lost in transit to you, we are not held responsible and are not liable to replace it however, please send us an email to discuss further. If your breast milk and inclusions gets lost in transit to Milkstone, LLC. we are not held responsible.

c. Address Changes: If you have a pending order and need to update your address you will need to contact Milkstone LLC through email at hello@milkstone.co. Once your package is sent to USPS we will not be able to stop the shipment or change the address. Milkstone, 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 Northeast PA you have the option to arrange a pickup of your item. You will need to contact us at hello@milkstone.co 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 Milkstone, LLC within 3 days of when you receive your piece through email at hello@milkstone.co.

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 is also not covered under this warranty. If you feel your piece qualifies under these conditions please contact Milkstone LLC. by email at hello@milkstone.co and we will be happy to discuss. If in our 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: Milkstone LLC. 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 Milkstone LLC, you understand that your piece will not be 100% “flawless”. Exchanges or remakes are not covered by Milkstone, LLC.

d. CHANGES TO ORDERS: Unfortuantely, once an order has been processed, electronic changes cannot be made.  However, we may be able to assist you with alternate solutions if we are contacted within 24 hours of your purchase.  Should you encounter any challenges, please reach out to us at Hello@milkstone.co.


e. Cancellations: Orders can be canceled wintin 24 hours of purchase for a refund, subject to a cancellation fee of $50.00.  If the cancellation request is made after the 24 hour window, a store credit will be issued instead. You will need to contact  Milkstone LLC. within 24 hours of order being submitted via email at hello@milkstone.co.

f. Reserved Rights: Milkstone, 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: Milkstone, 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. Milkstone, 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 us.

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: Milkstone, 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.