Terms & Conditions
Welcome to the Heather Benjamin Jewelry. We want everyone to have a good time but need to get the ground rules out of the way first. By using heatherbenjaminjewelry.com you are accepting and agreeing to these terms and conditions. Please do not use this website if you do not accept these terms and conditions.
- This website and all content is operated and owned by Heather Benjamin Jewelry. Throughout the site, the terms “we”, “us” and “our” refer to Heather Benjamin Jewelry. Heather Benjamin Jewelry offers this website, including all information and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions and policies stated here.
- 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.
Heather Benjamin Jewelry will make every effort to ensure all products are accurately depicted on the website, however acknowledge that sizes and colours may differ from what is displayed.
As per US Consumer Law you are entitled to a replacement or refund for a major failure of a product. For a minor failure you are entitled to have the product repaired or replaced.
- By purchasing through heatherbenjaminjewelry.com you agree that you are over 18 and have the legal right to make the purchase.
- We endeavor to process all transactions on the following business day however at busy sale periods we can experience delays and will not be held liable for late deliveries or any loss, damage or costs incurred by late delivery.
- Delivery is undertaken by Postal Providers and we cannot guarantee delivery times as this is out of our control once your purchase leaves our warehouse.
- In the instance of lost parcels we are not liable once your parcel has left our warehouse and is in Postal Providers control.
- Heather Benjamin Jewelry is hosted by Shopify Inc who provide us the online e-commerce platform and uses the third party providers, Paypal and Stripe as Payment Gateway Providers. By completing a transaction you agree to be bound by the Terms and Conditions provided by the Payment Gateway Providers.
- All orders are subject to acceptance by Heather Benjamin Jewelry. Heather Benjamin Jewelry reserves the right to cancel an order for any reason such as product availability, unauthorized payments, or any other reason at it’s discretion. Heather Benjamin Jewelry reserves the right to correct errors or inaccuracies in relation to price, product availability, or product descriptions. If your order is rejected for any reason you will be given a full refund for any amount paid for the order.
- All prices on the website are displayed in US dollars and you will be charged in US dollars. Pricing is subject to change without notice
- All Sales are final and you are required to pay all charges incurred through your transaction including shipping and handling charges
Customs and import duties
- International orders may be subject to local charges. Any and all customs or import duties are charged once the parcel reaches its destination country and are to be paid for by the recipient. We cannot be responsible for reimbursing any additional costs charged on delivery of an order. Delivery of international parcels may be delayed due to customs clearance issues and we are not responsible for any loss or additional costs incurred as a result.
- Heather Benjamin Jewelry gift cards are valid for a twelve month period. They are unable to be refunded once purchased and can only be redeemed online via heatherbenjaminjewelry.com
- All content on the site is protected by copyright, trademark and intellectual property rights and remains the property of Heather Benjamin Jewelry. Copying or reproducing any intellectual property is prohibited and unlawful.
User comments, feedback and other submissions
- If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute and otherwise use in any medium any comments that you forward to us.
- We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content 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 these Terms of Service.
- 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. 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.
- By hashtagging #heatherbenjaminjewelry you agree for the image to be shared on the website. We acknowledge that you retain ownership of copyright in any photo you have taken, but you consent to Heather Benjamin Jewelry using and reproducing your photo in our website feed.
- If we display or repost your photo we may do so in whole or in part and are not required to identify you, remunerate you or consult prior to use.
- By tagging a photo #heatherbenjaminjewelry you agree and acknowledge that: you have the consent of the individuals pictured to do so, you are aged 18 years or over or have parental consent to provide photos in the way described in these terms, your photos do not contain anything pornographic, racist, sexist, discriminatory, defamatory, degrading, illegal, harassing or offensive or that violates any person’s privacy, intellectual property or other rights.
Limitation of liability
- We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. 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 delivered to you through the service 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.
- In no case shall Heather Benjamin Jewelry, 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 any of the service or any products procured using the service, or for any other claim related 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 incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
- You agree to indemnify Heather Benjamin Jewelry from and against all legal action, loss, damage or costs incurred by you due to site information, prices and products or in connection with Heather Benjamin Jewelry and using the website heatherbenjaminjewelry.com
Third party websites
- The Website contains links to other websites controlled by third parties (Third Party Websites). Heather Benjamin Jewelry is not responsible for any content on Third Party Websites. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction.
- Cookies are used on some areas of our website in order for tracking website navigation in order for us to provide a better service.
Modifications and severability
- Heather Benjamin Jewelry reserves the right to update or make changes to our site, policies including these terms and conditions and any information on the site at any time without prior notice. Please check at regular intervals for any changes. Continued use of the website following any changes will be deemed acceptance of those changes.
- In the event that any provision of these Terms of Service 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 these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
- The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
You are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, 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 any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. 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. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
- The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
If you have any questions shoot us an email at email@example.com and we’d be more than happy to help you out.
Updated September 8, 2020