Terms of Use

Please read these Terms of Use carefully before accessing or using the www.us.jewelmer.com (the “Site”).

These Terms of Use govern the relationship between Jewelmer (“We” or “Us”) and the end-user (“You”) for the use of the Site.

Our agreement is made up of: (a) these Terms of Use; (b) the Privacy Policy; and the (c) the Cookie Policy (collectively, this “Agreement”). This Agreement defines Our respective rights and obligations.

We reserve the right to modify this Agreement as the Site may require from time to time. Any modification shall be published on this page and shall become legally binding upon publication. It shall be Your responsibility to be informed of any such modification by accessing this page from time to time.

In all circumstances, Your continued use of the Site shall mean Your unqualified agreement to this Agreement and of any modification. If You do not agree to all the terms and conditions of this Agreement, then please do not access or use the Site.

Our website is hosted on Shopify Inc. They provide Us with the online e-commerce platform that allows Us to sell Our products and services to You.

 

SECTION 1 - ONLINE CHANNEL

The Site is intended as an online channel through which We can advertise, market, and sell Our products. The Site and its contents are intended solely for Your personal and non-commercial use as a visitor and on-line shopper. Any use of the Site or its content other than for personal and non-commercial purposes is prohibited.

Any product or offering made on the Site is subject to a separate set of terms and conditions that apply only to that specific product or offering.

 

SECTION 2 - FEATURES OF THE SITE

The Site is available online throughout the world.

Some features on this Site may require registration. By registering at and in consideration of Your use of the Site You agree to provide true, accurate, current and complete information about Yourself.

Some features on this Site may require use of a password. You are responsible for protecting Your password. You agree that You will be responsible for all statements made, and acts or omissions that occur, using Your password. If You have any reason to believe or become aware of any loss, theft, or unauthorized use of Your password, please notify Us immediately. We shall assume that any communication We receive under Your username and password was made by You unless We receive notice otherwise.

You understand that by nature of the Site being online, any content You input into the Site (not including credit card information) may be transmitted unencrypted over various networks and may change to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

 

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We made every effort to display Our products on the Site as accurately and as realistically as possible. We cannot guarantee that Your computer monitor’s display of any color will be accurate. Also, some items displayed on the Site may appear slightly larger or smaller than their actual size due to screen defaults and photography techniques. Other items may be represented at a larger-than-actual size in order to clearly show details, or smaller-than-actual size in order to show the entire item.

We reserve the right to update or modify the contents of this Site at any time. We are not responsible if information You viewed on the Site is not accurate, complete, or current. The material on the Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this Site is at Your own risk. Any information appearing on the Site that is not current is provided for reference only.

We do not warrant that any error in the Site will be corrected.

Some content, features, and functionality on the Site may be owned and operated by third parties. Your use of and interaction with such third-party content, features and functionality may be subject to separate terms and conditions. You acknowledge that We are not responsible or otherwise liable for third-party content, features, or functionality or for the acts or omissions of third-party providers, and that any claim or cause of action available to You in connection with either of the foregoing will be brought against the applicable third-party provider and not Us.

 

SECTION 4 - PRODUCTS FEATURED ON THE SITE AND PRICING

Not all Our products are featured on the Site. We reserve the right to limit the products displayed or made available on the Site per region or jurisdiction. We may exercise this right on a case-by-case basis.

In some instances, certain products or offerings may be available exclusively on the Site. These products or offerings may have limited quantities.

We reserve the right to limit the quantities of any product or offering featured on the Site. We reserve the right to discontinue any product or offering at any time. Please contact Us if You are interested in a product that is discontinued or is out of stock.

Descriptions or prices of the products or offerings appearing on the Site are subject to change at any time without notice. While We make every attempt to avoid errors, it may happen that prices are inaccurately displayed on the Site due to system or typographical errors, inaccuracy, or omission. We reserve the right to correct these errors when and as they occur.

We do not honor orders made on inaccurate or erroneous prices. If a product’s listed price is lower than its actual price, We will, at Our discretion, either contact You for instructions before shipping the product or cancel the order and notify You of such cancellation. If the order has been shipped, You agree to either return the product or pay the difference between the actual and charged prices.

We do not negotiate prices on products or offerings featured on the Site. All published prices are final.

We undertake no obligation to update, amend or clarify information in the Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Site should be taken to indicate that all information in the Site has been modified or updated.

 

SECTION 5 - SALES TRANSACTIONS

Sales transactions conducted through the Site will be governed by the laws of the United States of America.

We reserve the right to refuse any order You place with Us through the Site. We may, in Our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, or orders that use the same billing or shipping address. In the event that We make a change to or cancel an order, We may attempt to notify You by contacting the e-mail address, billing address, or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in Our sole judgment, appear to be placed by dealers, resellers, or distributors.

We reserve the right to refuse sales through the Site to anyone for any reason at any time.

 

SECTION 6 - YOUR ACCOUNT, SHIPPING, AND PAYMENT INFORMATION

Orders on the Site are considered completed only after Your shipping information and Your payment details (such as Your credit card information and any promotional codes or gift cards You may have) are processed and confirmed. By entering Your payment information and submitting Your order, You authorize Us and Our third party payment processors to charge the amount of the order to Your selected payment method.

You agree to provide current, complete and accurate purchase and account information for all purchases made the Site. You agree to promptly update Your account and other information, including Your e-mail address and credit card numbers and expiration dates, if necessary, so that We can complete Your transactions and contact You as needed.

We are not responsible for any charges or expenses collected by third parties (such as credit card charges, unplanned overdraft charges, etc.) in relation to any purchase You may make through the Site.

We shall always keep Your information confidential and private. We shall not use or share any personal data collected on the Site except in accordance with this Agreement. Where allowed, We will process Your personal data for purposes of enhancing the Site. Please read the Privacy Policy for more information.

 

SECTION 7 – INTELLECTUAL PROPERTY

All content on the Site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof), is the exclusive property of and owned by Us, Our licensors or Our content providers and is protected by copyright, trademark and other applicable laws. You may access, copy, download, or print material contained on the Site for Your personal and non-commercial use, provided You do not modify or delete any copyright, trademark or other proprietary notice that appears on the material You access, copy, download, or print. Any other use of content on the Site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products, or offerings obtained from the Site, or use of the Site for purposes competitive to Us, is expressly prohibited.

You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. We reserve the right to refuse or cancel any person’s registration for the Site, remove any person from the Site or prohibit any person from using this Site for any reason whatsoever. We, or Our licensors or content providers, retain full and complete title to the material provided on the Site, including all associated intellectual property rights, and provide this material to You under a license that is non-transferrable and revocable at any time in Our sole discretion. We neither warrants nor represents that Your use of materials on this Site will not infringe rights of third parties not affiliated with Us.

You or third parties acting on Your behalf are not allowed to frame the Site or use Our proprietary marks as meta tags, without Our written consent. These marks include, but are not limited to, those listed on the Site. You may not use frames or utilize framing techniques or technology to enclose any content included on the Site without Our express written consent. Further, You may not utilize any Site content in any meta tags or any other “hidden text” techniques or technologies without Our express written consent.

 

SECTION 8 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

We reserve the right to edit, copy, publish, distribute, translate and otherwise use in any medium any user comment, feedback, or other similar submissions made on the Site. We are and shall be under no obligation (1) to maintain any such comment, feedback, or submission in confidence; (2) to pay compensation for it; or (3) to respond to any of it.

We may, but have no obligation to, monitor, edit or remove content on the Site that We determine in Our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or this Agreement.

You agree that Your comments, feedback, or other submissions on the Site will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that Your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site or any related website or portal. You may not use a false e-mail address, pretend to be someone other than Yourself, or otherwise mislead Us or third parties as to the origin of any comments, feedback, or submissions. You are solely responsible for any comments You make and their accuracy. We take no responsibility and assume no liability for any comments posted by You or any third-party.

 

SECTION 10 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that Your use of the Site will be uninterrupted, timely, secure, or error-free, or that any identified defect will instantly be corrected.

We do not warrant that the results that may be obtained from the use of the Site will be accurate or reliable.

You agree that the Site may be inaccessible for indefinite periods of time due to maintenance or other activities that We may perform at any time, without notice to You, or due to interruptions beyond Our control (such as but not limited to maintenance of the domains host or server-related issues). We will not be liable for any loss or damage arising from such interference or failure.

You assume all the risks associated with Your use of the Site, any information available or accessed through the Site, and any security feature provided specifically for the Site. The Site and all Our products made available to You through the Site are (except as expressly stated by Us) provided 'as is' and 'as available' for Your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

We are not responsible for loss of data. You are solely responsible to ensure that Your data is properly backed-up and stored in a secure location other than in the Service.

In no case shall We, Our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from Your use of the Site or purchase of any product using the Site, or for any other claim related in any way to Your use of the Site, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Site or any content (or product) posted, transmitted, or otherwise made available via the Site, even if advised of their possibility.

 

SECTION 11 - GENERAL PROVISIONS

In the event that any provision of this Agreement is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this Agreement, such determination shall not affect the validity and enforceability of any other remaining provisions.

Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

This Agreement shall be governed by and construed in accordance with the laws of the United States of America. 

 

SECTION 12 - CONTACT INFORMATION

Questions about this Agreement should be sent to Us at inquiries@jewelmer.com. You may not use this contact information for unauthorized purposes, including marketing or solicitation.

 

Updated as of: December 8, 2020