Terms of service
GENERAL OVERVIEW
Welcome to HEMAR Jewelry. The terms "we" and "our" refer to HEMAR Jewelry. HEMAR Jewelry operates this store and website, including all information, content, features, tools, products, and services provided to you, the customer, to offer a curated shopping experience (the "Services"). HEMAR Jewelry uses Shopify technology to provide the Services.
The following terms and conditions, and all policies referenced therein (the "Terms of Service" or "Terms"), describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully as they contain important information about your legal rights and cover areas such as disclaimers and limitations of liability.
By viewing, interacting with, or using our Services, you agree to comply with these Terms of Service and our Privacy Policy [LINK]. If you do not agree with these Terms of Service or the Privacy Policy, you must not use our Services.
SECTION 1: ACCESS AND ACCOUNT
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 and have given consent for any minors under your care to use the Services on devices you own, purchase, or manage.
To use the Services, including accessing our online stores, browsing them, or purchasing any products or services we offer, you may be asked to provide certain information, such as your email address, billing address, payment method, and shipping address. You represent and warrant that all information you provide in our stores is accurate, current, and complete, and that you have all necessary rights to provide this information.
You are solely responsible for maintaining the security of your account credentials and all activity under your account. You may not transfer, sell, or assign your account to another person, nor grant licenses linked to your account.
SECTION 2: OUR PRODUCTS
We make every effort to accurately represent our products and services in our online stores. However, please note that product colors or appearances may differ from what is displayed on your screen due to the type of device you use to access the store and its settings.
We do not guarantee that the appearance or quality of products or services you purchase will meet your expectations or be identical to what is displayed in our online stores.
All product descriptions are subject to change at any time at our sole discretion without notice. We reserve the right to discontinue any product at any time and may limit quantities of products offered to any person, geographic region, or jurisdiction as applicable.
SECTION 3: ORDERS
When you place an order, you are making an offer to purchase. HEMAR Jewelry reserves the right to accept or reject your order for any reason at our sole discretion. Your order will not be accepted until HEMAR JewelryT confirms acceptance. We must receive and process your payment for order acceptance.
Please review your order carefully before shipment, as HEMAR Jewelry may not be able to accommodate cancellation requests once an order is accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you via the email, billing address, or phone number provided at the time of the order.
Your purchases are subject to returns or exchanges only according to our Refund Policy [LINK]. You represent and warrant that your purchases are for personal or household use only, not for resale or commercial export purposes.
SECTION 4: PRICING AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be confirmed in your order confirmation email. Unless expressly stated otherwise, published prices do not include taxes, shipping, handling, customs duties, or import fees.
Prices posted in our online stores may differ from those offered in physical, online, or third-party stores. From time to time, we may offer promotions for the Services that may affect pricing and are governed by terms and conditions separate from these Terms. In the event of a conflict between promotional terms and these Terms, the promotional terms will prevail.
For all purchases made in our stores, you agree to provide current, complete, and accurate information regarding purchases, payments, and accounts. You agree to promptly update account information, such as your email address and credit card numbers and expiration dates, so we can complete your transactions and contact you as necessary.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete; (ii) you have the proper authorization to use such credit card for the purchase; (iii) your credit card company will cover the charges you incur; and (iv) you will pay the charges incurred at the published prices, including shipping, handling, and applicable taxes, if any.
SECTION 5: SHIPPING AND DELIVERY
We are not responsible for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not liable for delays caused by shipping companies, customs processing, or events beyond our control. Once we deliver products to the shipping carrier, ownership and risk transfer to you.
SECTION 6: INTELLECTUAL PROPERTY
Our Services, including, but not limited to, trademarks, logos, text, samples, images, graphics, product reviews, video and audio, and the design, selection, and arrangement thereof, are the property of HEMAR Jewelry, its affiliates, or licensors and are protected by U.S. and foreign copyright and other intellectual property laws.
These terms permit you to use the Services solely for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works, publicly display, include in public demonstrations, republish, download, store, or transmit any material from the Services without our prior written consent. Unless expressly stated herein, no provision of these Terms grants or should be interpreted as granting any license or other rights to patents, trademarks, copyrights, or any other intellectual property of HEMAR Jewelry, Shopify, or third parties. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. HEMAR Jewelry reserves all rights not expressly granted herein.
The names, logos, product and service names, designs, and slogans of HEMAR Jewelry are trademarks of HEMAR Jewelry, its affiliates, or licensors. You may not use these trademarks without prior written consent from HEMAR Jewelry. The names, logos, product and service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans in the Services are trademarks of their respective owners.
SECTION 7: OPTIONAL TOOLS
As part of the Services, you may be provided access to third-party customer tools over which we have no control, supervision, or involvement.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without warranties, representations, or conditions of any kind and without endorsement. We will not be responsible for any use you make of optional third-party tools.
At your sole discretion, you assume the risk of using any optional third-party tools provided through the site, and you must ensure you understand and approve the terms under which third-party providers offer the tools.
Future releases of new features through the Services, including the introduction of new tools and resources, will also be considered part of the Services and subject to these Terms of Service.
SECTION 8: THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or managed by third parties (including embedded third-party functionality). We are not responsible for reviewing or evaluating, nor for the accuracy of, third-party materials or websites you choose to access. If you choose to leave the Services to access third-party materials or websites, you do so at your own risk.
We are not responsible for any harm or damages related to your access to third-party websites or for any purchases or use of third-party products, services, or website resources. Please review third-party policies and practices carefully before making any transactions. Complaints, claims, or questions regarding third-party products and services must be directed to them.
SECTION 9: RELATIONSHIP WITH SHOPIFY
[MERCHANT NOTE: This section accurately describes Shopify's relationship with your store and should not be removed or modified.]
HEMAR Jewelry uses Shopify technology to provide the Services. However, any sale or purchase made in our store is conducted directly with HEMAR Jewelry. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and HEMAR Jewelry, including injuries, damages, or losses caused by purchased products or services. You hereby expressly release Shopify and its affiliates from any claims, damages, and liabilities arising from your purchases and transactions with HEMAR Jewelry.
SECTION 10: PRIVACY POLICY
All personal information collected through the Services is subject to our Privacy Policy, available here [LINK], and certain personal information may be subject to Shopify’s Privacy Policy, available here. By using the Services, you acknowledge that you have read these privacy policies.
Since the Services are hosted on Shopify, Shopify collects and processes personal information related to your access and use of the Services to provide and improve the Services for you. Information you submit through the Services will be transmitted to Shopify and third parties, which may be located in countries outside your residence, and shared with them. For more information on how we, Shopify, and our partners use your personal information, please review our Privacy Policy [LINK].
SECTION 11: FEEDBACK
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, comments, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium and for any purpose, including commercial use.
You also represent and warrant that: (i) you own all rights necessary to submit the Feedback; (ii) you disclosed any compensation or incentives received in relation to your submission; and (iii) your Feedback complies with these Terms. We have no obligation to (1) keep your Feedback confidential; (2) compensate you for your Feedback; or (3) respond to your Feedback.
We may, at our sole discretion, monitor, edit, or remove Feedback that we determine to be illegal, offensive, threatening, defamatory, pornographic, obscene, objectionable, infringing on intellectual property, or in violation of these Terms.
You agree that your Feedback will not violate the rights of any third party, including copyright, trademark, privacy, personality, or other personal or property rights. You agree that your Feedback will not contain false, abusive, or illegal statements, or viruses or other malware. You are solely responsible for any Feedback you submit and its accuracy. We are not responsible for Feedback posted by you or third parties.
SECTION 12: ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, information regarding the Services may contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, shipping charges, transit times, or availability. We reserve the right to correct any errors, inaccuracies, or omissions and change or update information or cancel orders in the event of any inaccuracies at any time without prior notice (even after you have placed your order).
SECTION 13: PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly:
(a) for illegal or malicious purposes;
(b) to violate international, federal, provincial, or state laws or regulations;
(c) to infringe our intellectual property rights or those of others;
(d) to harass, abuse, insult, harm, defame, slander, discredit, or intimidate our employees or anyone else;
(e) to transmit false or misleading information;
(f) to knowingly send, receive, upload, download, use, or reuse material that violates these Terms;
(g) to send or solicit "spam," "chain letters," "junk mail," or any similar content;
(h) to impersonate any person or entity or attempt to do so;
(i) to engage in any conduct that restricts or inhibits someone’s use or enjoyment of the Services or could harm HEMAR Jewelry, Shopify, or other users.
Additionally, you agree not to:
(a) upload or transmit viruses or any malicious code affecting the Services;
(b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services;
(c) collect or track others’ personal information;
(d) engage in phishing, scams, or web scraping;
(e) interfere with or bypass security features of the Services, other websites, or the Internet.
We reserve the right to suspend, disable, or terminate your account without notice if we determine that you have violated any part of these Terms.
SECTION 14: TERMINATION
We may terminate this agreement or suspend your access to the Services (or any part thereof) at our sole discretion at any time without notice, and your responsibility for all amounts owed up to the date of termination will survive.
The following sections will survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by nature persist after termination.
SECTION 15: DISCLAIMER OF WARRANTIES
The information presented in or through the Services is provided for general informational purposes only. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is at your own risk.
UNLESS EXPRESSLY STATED BY HEMAR Jewelry, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR OTHER DISCLAIMERS, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 16: LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL HEMAR Jewelry, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, NOR SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, SAVINGS, DATA, OR REPLACEMENT COSTS, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SECTION 17: INDEMNIFICATION
You agree to indemnify, defend, and hold harmless HEMAR Jewelry, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any loss, damage, liability, or claim, including reasonable attorney fees, arising from (1) your breach of these Terms of Service or incorporated documents; (2) violation of any law or third-party rights; or (3) your access to or use of the Services.
We will notify you of any indemnifiable claim, though failure to provide prompt notice does not relieve you of obligations unless substantial harm has occurred. We may control the defense and resolution of such claims at your expense, including selecting counsel, but will not settle claims imposing non-monetary obligations without your consent. You will cooperate in the defense of indemnifiable claims, such as by providing relevant documents.
SECTION 18: SEVERABILITY
If any provision of these Terms of Service is deemed illegal, invalid, or unenforceable, that provision shall apply to the maximum extent permitted by law and the invalid portion shall be considered severable; such determination will not affect the validity or enforceability of any other provision.
SECTION 19: WAIVER; ENTIRE AGREEMENT
Our failure to enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service, and the operational policies posted on this site or regarding the Services, constitute the entire agreement between you and us, governing your use of the Services, and supersede any prior agreements, communications, and proposals, whether oral or written, including any previous versions of the Terms of Service.
Any ambiguity in the interpretation of these Terms shall not be construed against the party that drafted them.
SECTION 20: ASSIGNMENT
You may not delegate, transfer, or assign this Agreement or your rights or obligations under these Terms without our prior written consent, and any attempt to do so shall be void. We may transfer, assign, or delegate these Terms, along with our rights and obligations, without your consent or notice.
SECTION 21: GOVERNING LAW
These Terms of Service and any separate agreements by which we provide Services shall be governed and interpreted under the federal and state or territorial courts of the jurisdiction where HEMAR Jewelry is located. You and HEMAR Jewelry submit to the jurisdiction of such courts.
SECTION 22: HEADINGS
Headings in this agreement are included for convenience only and do not limit or otherwise affect these Terms.
SECTION 23: CHANGES TO TERMS OF SERVICE
You may review the most current version of the 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 of Service by posting updates and modifications on our website. You are responsible for periodically reviewing our website for changes. We will notify you of any material changes in accordance with applicable law, and such changes will take effect on the date specified in the notice. Continued use of or access to the Services after any modifications constitutes acceptance of the changes.
SECTION 24: CONTACT INFORMATION
You should direct any questions about the Terms of Service to support@hemarjewelry.com.
Our contact information is as follows:
HEMAR Jewelry
support@hemarjewelry.com
5500 LANSINGFORD TRAIL
+1 (860) 553-7280