Terms of service

TERMS OF USE

TERMS OF SERVICE

 

OVERVIEW

This website is operated by Esmee Jewelry. Throughout the site, the terms “we,” “us,” and “our” refer to Esmee Jewelry. We offer this website—including all information, tools, and services available from this site—to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By accessing our site and/or purchasing from us, you engage in our “Service” and agree to be bound by the following Terms of Service (“Terms”), including any additional terms, conditions, and policies referenced herein or available via hyperlink. These Terms apply to all users of the site, including without limitation browsers, vendors, customers, merchants, and content contributors.

Please read these Terms of Service carefully before using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions set forth here, you may not access the website or use any of our services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

Any new features or tools added to the current store will also be subject to these Terms of Service. You can review the most current version of the Terms at any time on this page. We reserve the right to update, modify, or replace any part of these Terms by posting updates or changes to our website. It is your responsibility to check this page periodically for any changes. Your continued use of or access to the website following the posting of any changes constitutes your acceptance of those changes.

Our store is hosted on Shopify Inc., which provides us with the e-commerce platform that enables us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this 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.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change at any time without prior notice. This may be due to fluctuations in the cost of materials such as gold, gemstones, or labor.

We reserve the right to modify or discontinue the Service (or any part of the content) at any time, without notice. We shall not be held liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

 

SECTION 5 – PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These items may be limited in quantity and are made to order, which means they are final sale and not eligible for return or exchange.

We make every effort to display product images and colors as accurately as possible. However, we cannot guarantee that your screen’s display will reflect true color or scale.

We reserve the right—but are not obligated—to limit the sale of our products or services to any person, geographic region, or jurisdiction. All product descriptions, pricing, and availability are subject to change at any time, without notice and at our sole discretion. We also reserve the right to discontinue any product at any time.

We do not guarantee that the quality of any products, services, or information purchased or obtained by you will meet your expectations.

 

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may apply to orders placed under the same customer account, credit card, billing address, or shipping address.

In the event of a change or cancellation, we may attempt to notify you via the contact information provided at the time the order was placed.

You agree to provide current, complete, and accurate billing and account information for all purchases made through our store. You also agree to promptly update your account, email address, and payment details so that we can complete transactions and contact you as needed.

 

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we have no monitoring or control.

You acknowledge and agree that we provide access to such tools “as is” and “as available,” without any warranties, representations, or conditions of any kind and without endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Your use of any optional tools offered through the site is entirely at your own discretion and risk. You should ensure that you are familiar with and approve of the terms under which those tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website. Such new features and services shall also be subject to these Terms of Service.

 

SECTION 8 – THIRD-PARTY LINKS

Certain content, products, and services available through our site may include materials from third parties.

Third-party links may direct you to external websites that are not affiliated with Esmee Jewelry. We are not responsible for examining or evaluating the content or accuracy of those sites, and we do not warrant or assume any liability for third-party materials, websites, products, or services.

We are not liable for any harm or damages related to transactions made in connection with any third-party websites. Please review the third party’s policies and practices carefully before engaging in any transaction.

 

SECTION 9 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If, at our request, you send certain submissions (e.g., contest entries), or without a request you send ideas, feedback, proposals, or other materials—whether online, by email, or otherwise—you agree that we may, at any time and without restriction, edit, copy, publish, distribute, and otherwise use them in any medium.

We are under no obligation to (1) maintain any comments in confidence, (2) pay compensation for any comments, or (3) respond to any comments.

You agree that your submissions will not violate the rights of any third party, including copyright, trademark, privacy, or personal rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material. You may not use a false email address or mislead us as to the origin of any submission.

You are solely responsible for any comments you make and their accuracy. We assume no liability for any comments posted by you or any third party.

 

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through our store is governed by our Privacy Policy, which can be viewed here.

 

SECTION 11 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, there may be information on our site or within the Service that contains typographical errors, inaccuracies, or omissions. These may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability.

We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information—or cancel orders—if any information within the Service or on any related website is inaccurate at any time, without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend, or clarify information in the Service or on any related website, except as required by law. No specified update or refresh date should be interpreted as indicating that all information has been modified or updated.

 

SECTION 12 – PROHIBITED USES

In addition to other prohibitions outlined in these Terms, you are prohibited from using the site or its content:

               •             (a) for any unlawful purpose;

               •             (b) to solicit others to perform or participate in unlawful acts;

               •             (c) to violate any applicable local, national, or international laws or regulations;

               •             (d) to infringe upon or violate our intellectual property rights or the rights of others;

               •             (e) to harass, abuse, insult, harm, defame, slander, intimidate, or discriminate;

               •             (f) to submit false or misleading information;

               •             (g) to upload or transmit viruses or malicious code;

               •             (h) to collect or track the personal information of others;

               •             (i) to spam, phish, crawl, scrape, or engage in any harmful behavior online;

               •             (j) for any obscene or immoral purpose; or

               •             (k) to interfere with or bypass the security features of the Service or related sites.

 

We reserve the right to terminate your use of the Service or any related website for violating any of these prohibited uses.

 

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee that your use of our Service will be uninterrupted, timely, secure, or error-free.

You agree that your use of—or inability to use—the Service is at your sole risk. All products and services delivered through the Service are provided “as is” and “as available” unless expressly stated otherwise.

In no case shall Esmee Jewelry, or its affiliates, partners, directors, employees, or service providers be liable for any direct, indirect, incidental, punitive, special, or consequential damages—whether based in contract, tort (including negligence), strict liability, or otherwise—arising from your use of any products or services procured via the site, even if advised of their possibility.

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such cases, our liability shall be limited to the maximum extent permitted by law.

 

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Esmee Jewelry, and our affiliates, partners, officers, directors, contractors, licensors, service providers, subcontractors, and employees, from any claim or demand (including reasonable attorneys’ fees) made by any third party due to or arising out of your breach of these Terms or violation of any law or the rights of a third party.

 

SECTION 15 – SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed severed from these Terms and shall not affect the validity of the remaining provisions.

 

SECTION 16 – TERMINATION

These Terms remain effective unless and until terminated by either you or us.

You may terminate these Terms at any time by notifying us that you no longer wish to use our Services or by ceasing use of our website. We may terminate this agreement at any time without notice if we believe you have failed to comply with any term or provision of these Terms, and you will remain liable for all amounts due up to and including the date of termination.

 

SECTION 17 – ENTIRE AGREEMENT

These Terms of Service and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and Esmee Jewelry. They supersede any prior agreements, communications, or proposals—whether oral or written—between you and us.

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

 

SECTION 18 – GOVERNING LAW

These Terms of Service and any separate agreements through which we provide you services shall be governed by and construed in accordance with the laws of the United States.

 

SECTION 19 – CHANGES TO TERMS OF SERVICE

You can review the most current version of our Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms by posting changes to our website. It is your responsibility to check our site periodically for updates. Continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.