Terms and Conditions
This website is operated by EverlastJewel. On this site, the terms "we", "us" and "our" refer to EverlastJewel. EverlastJewel provides this web site, including all information, tools and services available to you, the user, subject to your acceptance of all terms, conditions, policies and notices set forth herein.
By visiting this site and/or purchasing one of our products, you are engaging in our "Service" and agree to be bound by the following Terms and Conditions, including any additional terms, conditions and policies referred to herein and/or accessible by hyperlink. These Terms and Conditions of Sale and Use apply to all users of this Site, including but not limited to users who browse the Site, who are vendors, customers, merchants, and/or content contributors.
Please read these Terms and Conditions of Use carefully before accessing or using our website. By accessing or using any part of this site, you agree to be bound by these Terms and Conditions. If you do not accept all the terms and conditions of this agreement, then you must not access the website or use the services offered on it. If these General Terms and Conditions of Sale and Use are deemed to be an offer, acceptance is expressly limited to these General Terms and Conditions of Sale and Use.
All new features and tools that will be added to this shop at a later date will also be subject to these General Terms and Conditions of Sale and Use. You can view the most recent version of the Terms and Conditions of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes on our website. It is your responsibility to check this page regularly to see if any changes have been made. Your continued use of or access to the Website after any changes are posted constitutes your acceptance of those changes.
Our shop is hosted on Shopify Inc. They provide us with the e-commerce platform that enables us to sell our products and services to you.
ARTICLE 1 - CONDITIONS OF USE OF OUR ONLINE SHOP
By accepting these Terms and Conditions of Sale and Use, you declare that you have reached the age of majority in your country, state or province of residence, and that you have given us your consent to allow any minor in your care to use this website.
The use of our products for any illegal or unauthorized purpose is prohibited, nor shall you, in using the Service, violate any laws of your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms, viruses or other code of a destructive nature.
Any breach or violation of these Terms and Conditions will result in the immediate termination of your Services.
ARTICLE 2 - GENERAL TERMS AND CONDITIONS
We reserve the right to deny access to the services to any person at any time, for any reason whatsoever.
You understand that your Content (excluding your credit card information) may be transferred unencrypted, and this may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements for connecting networks or devices. Credit card information is always encrypted during transmission over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service or use of the Service, or any access to or contact on the website, through which the Service is provided, without our prior express written permission.
The headings used in this Agreement are included for your convenience, and will not limit or affect these Terms.
ARTICLE 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if the information available on this site is not accurate, complete or up to date. The content of this site is provided for information purposes only and should not be your sole source of information for making decisions without first consulting more accurate, complete and up-to-date sources of information. If you decide to rely on the content presented on this site, you do so at your own risk.
This site may contain certain prior information. Such prior information, by its nature, is not up to date and is provided for information purposes only. We reserve the right to change the content of this site at any time, but we have no obligation to update the information on our site. You agree that it is your responsibility to monitor changes to our site.
ARTICLE 4 - CHANGES TO THE SERVICE AND PRICES
The prices of our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (and any part or content of the Service) without notice.
We will not be liable to you or any third party for any price changes, suspension or discontinuance of the Service.
ARTICLE 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be exclusively available online on our website. These products or services may be available in limited quantities and can only be returned or exchanged in accordance with our Return Policy.
We have done our best to display as clearly as possible the colours and images of our products that appear on our shop. We cannot guarantee that the display of colours on your computer screen will be accurate.
We reserve the right, but are not obligated, to limit sales of our products or services to any person in any geographic area or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services we offer. All product descriptions and product prices are subject to change at any time without prior notice, at our sole discretion. We reserve the right to stop offering a product at any time. Any service or product offerings on this site are void where prohibited by law.
We do not warrant that the quality of any products, services, information, or other merchandise obtained or purchased by you will meet your expectations, nor do we warrant that any errors in the Service will be corrected.
ARTICLE 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, reduce or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or from the same customer account, credit card, and/or orders that use the same billing and/or shipping address. In the event that we change or cancel an order, we may attempt to notify you by contacting you at the email and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole discretion, may appear to be from merchants, resellers or distributors.
You agree to provide current, complete and accurate order and account information for all orders placed through our shop. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you if necessary.
For more details, please see our Return Policy.
ARTICLE 7 - OPTIONAL TOOLS
We may provide you with access to third party tools over which we have no monitoring, control or influence.
You acknowledge and agree that we provide access to such tools on an "as is" and "as available" basis, without any warranties, representations or conditions of any kind and without any endorsement. We shall have no legal liability arising out of or in connection with the use of these optional third party tools.
If you use the optional tools offered on the Site, you do so at your own risk and discretion, and you should consult the terms and conditions under which such tools are offered by the applicable third party vendor(s).
We may also offer new services and/or features on our Site (including new tools and resources) in the future. These new features and services will also be subject to these Terms and Conditions of Sale and Use.
ARTICLE 8 - THIRD PARTY LINKS
Certain content, products and services available through our Service may include material from third parties.
Third party links on this site may redirect you to third party websites that are not affiliated with us. We are not required to review or evaluate the content or accuracy of such sites, and we do not guarantee or assume any responsibility for any content, websites, products, services or other materials accessible on or from such third party sites.
We are not responsible for any harm or damage in connection with the purchase or use of goods, services, resources, content, or any other transaction conducted in connection with these third party websites. Please read the policies and practices of third parties carefully and make sure you understand them before engaging in any transaction. Any complaints, claims, concerns, or questions regarding the products of these third parties should be directed to the same third parties.
ARTICLE 9 - COMMENTS, SUGGESTIONS AND OTHER USER PROPOSALS
If, at our request, you submit specific content (for example, to enter competitions), or if without our request, you send creative ideas, suggestions, proposals, plans or other materials, whether online, by e-mail, by post, or otherwise (collectively, "Comments"), you grant us the right, at any time and without restriction, to edit, copy, publish, distribute, translate and otherwise use in any media any Comments you send to us. We are not and shall not be obligated to (1) maintain the confidentiality of any Comments; (2) pay compensation to anyone for any Comments provided; or (3) respond to any Comments.
We may, but are under no obligation to, monitor, edit or remove content that we believe, in our sole discretion, is unlawful, offensive, threatening, abusive, defamatory, libelous, pornographic, obscene or otherwise objectionable, or that infringes any intellectual property or these Terms and Conditions of Sale and Use.
You agree to write comments that do not violate the rights of third parties, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You also agree that your comments will not contain any illegal, defamatory, offensive or obscene content, nor will they contain computer viruses or other malicious software that could in any way affect the operation of the Service or any associated web site. You may not use a false e-mail address, pretend to be someone you are not, or try to mislead us and/or third parties as to the origin of your comments. You are entirely responsible for all comments you post and for their accuracy. We take no responsibility and disclaim any liability for any comments you or any third party post.
ARTICLE 10 - PERSONAL INFORMATION
By consenting to EverlastJewel’s SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.
If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
For any questions, please text HELP to the number you received the messages from. You can also contact us for more information.
We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
ARTICLE 11 - ERRORS, INACCURACIES AND OMISSIONS
From time to time, there may be information on our site or in the Service that could contain typographical errors, inaccuracies or omissions that could relate to product descriptions, prices, promotions, offers, product shipping costs, delivery times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders, if any information on the Service or on any related website is inaccurate, at any time without notice (including after you place your order).
We are under no obligation to update, modify or clarify any information in the Service or on any other associated website, including but not limited to pricing information, except as required by law. No fixed date for updating or updating in the Service or on any other associated website should be relied upon to conclude that the information in the Service or on any other associated website has been changed or updated.
ARTICLE 12 - PROHIBITED USES
In addition to the prohibitions set out in the General Terms and Conditions of Sale and Use, you are prohibited from using the site or its content: (a) for illegal purposes; (b) to induce others to do or participate in illegal acts; (c) to violate any state, federal, provincial or international law, rule or regulation; (d) to infringe or violate our or any third party's intellectual property rights; (e) to harass, abuse, insult, injure, defame, libel, slander, denigrate, intimidate or discriminate against anyone based on gender, sexual orientation, religion, ethnic origin, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in a manner that impairs the functionality or operation of the Service or any related, independent, or Internet web site; (h) to collect or track the personal information of others; (i) to spam, phish, hijack a domain, extort information, browse, search or scan the web (or any other resource); (j) for obscene or immoral purposes; or (k) to violate or circumvent the security measures of our Service, any other web site, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating the prohibited uses.
ARTICLE 13 - DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
We do not warrant or make any representations that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that any results that may be obtained through the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services provided to you through the Service are (unless otherwise expressly stated by us) provided to you "as is" and "as available" for your use without representations, warranties or conditions of any kind, either express or implied, including all implied warranties of merchantability or merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
In no event shall EverlastJewel, our directors, officers, employees, affiliates, agents, contractors, trainees, suppliers, service providers and licensors be liable for any injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to loss of profits, revenues, savings, data, replacement costs or any similar damages, whether in contract, tort (including negligence), strict liability or otherwise, arising out of your use of any service or product from the Service, or in respect of any other claim relating in any way to your use of the Service or any product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind arising out of your use of the Service or any content (or product) published, transmitted, or otherwise made available through the Service, even if you have been advised of the possibility thereof. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability will be limited to the maximum extent permitted by law.
ARTICLE 14 - COMPENSATION
You agree to indemnify, defend and hold harmless EverlastJewel, our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from and against any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms and Conditions or the documents referenced herein, or your violation of any law or the rights of a third party.
ARTICLE 15 - SEVERABILITY
In the event that any provision of these Terms and Conditions of Sale and Use is held to be illegal, invalid or unenforceable, such provision may nevertheless be enforced to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms and Conditions of Sale and Use, such severance shall not affect the validity and enforceability of any remaining provisions.
ARTICLE 16 - TERMINATION
The obligations and liabilities incurred by the parties prior to the date of termination shall survive the termination of this Agreement for all purposes.
These Terms and Conditions of Sale and Use are effective unless and until terminated by either of you. You may terminate these Terms and Conditions of Use at any time by notifying us that you no longer wish to use our Services, or when you cease to use our site.
If we determine, in our sole discretion, that you are failing, or if we suspect that you have been unable to comply with the terms of these Terms and Conditions, we may also terminate this agreement at any time without notice to you and you will remain liable for all sums due up to and including the date of termination, and/or we may deny you access to our Services (or any part thereof).
ARTICLE 17 - ENTIRE AGREEMENT
Any failure on our part to exercise or enforce any right or provision of these Terms and Conditions of Sale and Use shall not constitute a waiver of such right or provision.
These Terms and Conditions of Sale and Use or any other policies or operating rules that we publish on this site or in connection with the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, and supersede all prior and contemporaneous communications, proposals and agreements, whether oral or written, between you and us (including, but not limited to, any prior version of the Terms and Conditions of Sale and Use).
Any ambiguity as to the interpretation of these Terms and Conditions of Sale and Use shall not be construed to the detriment of the drafting party.
ARTICLE 18 - CHANGES TO THE GENERAL TERMS AND CONDITIONS OF SALE AND USE
You can consult the most recent version of the General Terms and Conditions of Sale and Use at any time on this page.
We reserve the right, at our sole discretion, to update, amend or replace any part of these Terms and Conditions of Sale and Use by posting updates and changes on our site. It is your responsibility to visit our site regularly to check for changes. Your continued use of or access to our site following the posting of any changes to these Terms and Conditions of Sale and Use constitutes acceptance of those changes.
ARTICLE 19 - CONTACT DETAILS
Questions regarding the General Terms and Conditions of Sale and Use should be sent to us at firstname.lastname@example.org.