Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to Jasmine Earthman Jewelry. Throughout these Terms of Service, the terms “we,” “us,” and “our” refer to Jasmine Earthman Jewelry.

Jasmine Earthman Jewelry operates this online store and website, including all related information, content, features, products, tools, and services offered to customers (collectively, the “Services”). Our online store is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with our Privacy Policy, Return & Refund Policy, Shipping Policy, and any other policies referenced on our website, govern your use of the Services.

By visiting our website, creating an account, placing an order, or otherwise using our Services, you agree to these Terms of Service and our applicable policies.

Please review these Terms carefully before using our Services.

Privacy Policy:

https://checkout.shopify.com/65978433632/policies/34754396256.html?locale=en

Return & Refund Policy:

https://checkout.shopify.com/65978433632/policies/36844535904.html?locale=en

Shipping Policy:

https://checkout.shopify.com/65978433632/policies/36844699744.html?locale=en

If you do not agree to these Terms, you should not use our Services.

SECTION 1 – ACCESS AND ACCOUNT

You must be at least the age of majority in your state or jurisdiction of residence to use our Services or make purchases through our store.

If you create an account or provide information in connection with a purchase, you agree to provide information that is accurate, current, and complete.

You are responsible for maintaining the confidentiality and security of your account credentials and for activity occurring through your account.

You may not use another person’s identity, provide intentionally false information, or transfer your customer account to another person without authorization.

We reserve the right to suspend or terminate accounts that we reasonably believe are being used fraudulently, unlawfully, or in violation of these Terms.

SECTION 2 – OUR PRODUCTS

We make reasonable efforts to accurately display and describe the products offered through our store.

Product photographs, colors, finishes, textures, dimensions, stones, plating, and other visual characteristics may appear somewhat different depending on lighting, photography, manufacturing variations, screen settings, and the device being used.

Small variations that do not materially change the nature or functionality of a product may occur.

Product measurements and specifications are approximate unless specifically stated otherwise.

Descriptions, prices, specifications, availability, and product offerings may be updated or changed when necessary.

We reserve the right to discontinue products, introduce new products, limit quantities, or restrict sales when reasonably necessary.

Any material, plating, waterproof, tarnish-resistance, hypoallergenic, nickel-free, or similar product characteristic applies only where that characteristic is specifically stated in the applicable product listing.

SECTION 3 – ORDERS

Submitting an order constitutes an offer to purchase the selected products.

An order is not considered finally accepted until payment has been successfully processed and the order has been accepted by us.

We reserve the right to decline, limit, modify, or cancel an order when reasonably necessary, including in situations involving suspected fraud, payment problems, inventory errors, pricing errors, product unavailability, or misuse of promotions.

If we need to cancel or materially change an order after it has been placed, we will make reasonable efforts to contact you using the information provided with the order.

Please review your order carefully before submitting it. Once processing begins, we may not always be able to accommodate cancellation or modification requests.

Returns and exchanges are governed by our Return & Refund Policy:

https://checkout.shopify.com/65978433632/policies/36844535904.html?locale=en

Product Availability and Backorders

Product availability is subject to change.

Certain popular products, sizes, colors, or styles may temporarily sell out or become backordered due to demand.

If an item requires additional processing or restocking time, we may contact you with an estimated fulfillment timeframe, available alternatives, or other applicable options.

Backordered, preorder, made-to-order, or specially sourced items may require longer processing times than our standard processing timeframe.

Unless otherwise authorized by us, purchases made through our retail store are intended for personal or household use and may not be purchased for unauthorized commercial resale.

Wholesale, reseller, boutique, or other commercial purchasing arrangements require our prior approval.

SECTION 4 – PRICES, DISCOUNTS AND BILLING

Prices are displayed in U.S. dollars unless otherwise stated.

Prices, promotions, discount offers, and product availability may change without prior notice.

The price charged will generally be the price displayed at the time the order is submitted, subject to correction of genuine pricing or system errors as permitted by applicable law.

Taxes, shipping charges, handling charges, and other applicable fees may be added where required.

Prices offered online may differ from prices offered at pop-up shops, vendor events, markets, private events, or other sales channels.

Promotions may have separate eligibility requirements, expiration dates, minimum purchases, exclusions, or combination restrictions.

A discount code has no cash value and may not be redeemed for cash unless required by law.

You agree to provide current, accurate, and complete billing and payment information.

By submitting payment information, you represent that you are authorized to use the selected payment method.

SECTION 5 – SHIPPING AND DELIVERY

Orders are generally processed within 3–5 business days unless otherwise stated.

Backordered, preorder, customized, made-to-order, or temporarily unavailable products may require additional processing time.

After shipment, domestic delivery generally takes approximately 3–7 business days, excluding weekends and holidays. Delivery estimates are not guarantees.

Shipping times may be affected by carrier conditions, weather, holidays, customs processing, incorrect addresses, service interruptions, or other circumstances outside our direct control.

Once an order ships, tracking information will generally be provided when tracking is available.

Customers are responsible for providing an accurate and complete shipping address.

If an order is returned because of an incorrect or incomplete address supplied by the customer, additional shipping charges may apply before the order is resent.

Original shipping charges are non-refundable except where otherwise required by law or specifically provided under our policies.

Additional shipping information is available in our Shipping Policy:

https://checkout.shopify.com/65978433632/policies/36844699744.html?locale=en

Nothing in this section limits any rights or remedies that cannot legally be excluded under applicable consumer-protection law.

SECTION 6 – RETURNS, EXCHANGES AND FINAL-SALE ITEMS

Eligible return or exchange requests must generally be made within 14 days after delivery.

Eligible products must be unworn, unused, in their original condition, and returned in their original packaging.

Returns require prior approval.

Products sent to us without authorization may not be accepted.

Customers are responsible for ordinary return shipping costs unless the item received was damaged, defective, incorrect, or we otherwise agree to cover return shipping.

Pierced Jewelry and Hygiene-Sensitive Items

For hygiene and safety reasons, earrings and other pierced jewelry are final sale once worn or tried on and are not eligible for return or exchange, except where required by law or where the product arrived defective or incorrect.

Products specifically marked “Final Sale” are also not eligible for ordinary returns or exchanges.

Damaged, Defective or Incorrect Orders

Please inspect your purchase promptly after delivery.

If an item arrives damaged, defective, or incorrect, please contact us within 48 hours of delivery whenever possible and include your order number and clear photographs showing the issue.

We will review the matter and determine an appropriate remedy in accordance with our policies and applicable law. Nothing in this provision limits any rights or remedies available under applicable law.

Our complete policy is available here:

https://checkout.shopify.com/65978433632/policies/34754396256.html?locale=en

SECTION 7 – INTELLECTUAL PROPERTY

Unless otherwise indicated, the website and its original content—including our business names, logos, branding, photographs, graphics, product descriptions, written content, layout, videos, promotional materials, and other original materials—are owned by or licensed to Jasmine Earthman Jewelry and are protected by applicable intellectual-property laws.

You may access our website for personal, non-commercial shopping purposes.

You may not reproduce, copy, distribute, modify, republish, sell, commercially exploit, or create derivative works from our protected content without prior written authorization, except as permitted by law.

The names, logos, branding, product names, and other identifying marks of third parties remain the property of their respective owners.

Customer reviews, testimonials, photographs, and other user-generated content remain subject to the rights of their respective creators. Where permission or applicable terms allow, you grant us permission to display, reproduce, promote, and otherwise use content you voluntarily submit to us in connection with our business.

SECTION 8 – OPTIONAL TOOLS AND THIRD-PARTY SERVICES

Our Services may provide access to third-party tools, applications, payment providers, social media services, review platforms, tracking services, or other external features.

Such third-party services may be governed by their own terms and privacy policies.

We do not control all third-party services and are not responsible for their independent acts, omissions, availability, content, or policies to the extent permitted by law.

Your use of third-party services is subject to the applicable provider’s terms.

SECTION 9 – THIRD-PARTY LINKS

Our website may contain links to websites or services operated by third parties.

A link does not necessarily mean that we endorse or control the third party.

You access external websites at your own discretion.

Questions, disputes, or concerns involving products or services purchased directly from an unrelated third party should generally be directed to that third party.

SECTION 10 – RELATIONSHIP WITH SHOPIFY

Jasmine Earthman Jewelry is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Jasmine Earthman Jewelry.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Jasmine Earthman Jewelry, including any injury, damage, or loss resulting from purchased products and services.

You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Jasmine Earthman Jewelry.

SECTION 11 – PRIVACY

Personal information collected through the Services is handled in accordance with our Privacy Policy.

Our Privacy Policy can be viewed here:
https://checkout.shopify.com/65978433632/policies/34754396256.html?locale=en

Because our online store is powered by Shopify, certain information may also be collected, processed, or transmitted through Shopify and other service providers used to operate our store.

Please review our Privacy Policy for additional information regarding how personal information may be collected, used, shared, stored, or processed.

SECTION 12 – CUSTOMER FEEDBACK AND REVIEWS

If you voluntarily submit a product review, testimonial, photograph, video, suggestion, comment, or other feedback to us, you represent that you have the right to submit that material.

You agree not to submit content that is fraudulent, unlawful, defamatory, abusive, infringing, malicious, misleading, or that violates another person’s intellectual-property or privacy rights.

Where permitted by the terms under which the material is submitted, you grant Jasmine Earthman Jewelry a non-exclusive, worldwide, royalty-free right to use, reproduce, publish, display, and share that content for legitimate business, promotional, and marketing purposes.

You remain responsible for the accuracy and legality of content you submit.

SECTION 13 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information appearing on our website may contain typographical errors, inaccuracies, technical errors, or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times, product availability, inventory, or other information.

We reserve the right to correct errors or update inaccurate information when discovered.

Where permitted by applicable law, we may also cancel or adjust an order affected by a genuine material pricing, inventory, or system error.

If we cancel an order for which payment has already been collected, the appropriate amount will be refunded.

SECTION 14 – PROHIBITED USES

You may use our Services only for lawful purposes.

You may not use our Services to:

  • Violate applicable laws or regulations.
  • Commit fraud or engage in deceptive conduct.
  • Infringe intellectual-property, privacy, or other legal rights.
  • Upload or distribute viruses, malware, or harmful code.
  • Collect information about others unlawfully.
  • Send spam or unauthorized commercial solicitations.
  • Impersonate another person or organization.
  • Interfere with the security or operation of the Services.
  • Circumvent security or access restrictions.
  • Scrape, extract, copy, or commercially exploit our website or content in an unauthorized manner.
  • Use automated systems in a way that disrupts, harms, or unlawfully accesses the Services.

We may restrict or terminate access when we reasonably determine that these Terms have been violated.

SECTION 15 – AUTOMATED AGENTS

Automated or semi-automated software, artificial-intelligence agents, bots, crawlers, or similar systems may not access, interact with, scrape, or use our Services in a manner that violates these Terms, circumvents technological restrictions, misrepresents automated activity as human activity, or interferes with operation of the Services.

We reserve the right to restrict automated access where reasonably necessary to protect the Services, customers, our intellectual property, security, or legal rights.

This section does not restrict automated access that we expressly authorize or that applicable law requires us to permit.

SECTION 16 – TERMINATION

We may suspend or terminate access to the Services if a user materially violates these Terms, uses the Services unlawfully, compromises security, engages in fraud, or otherwise creates a material risk to us, our customers, Shopify, or third parties.

Termination does not eliminate payment obligations or other obligations that arose before termination.

Provisions that by their nature should survive termination—including intellectual property, feedback rights, disclaimers, limitations of liability, indemnification, governing law, and similar provisions—will continue to apply to the extent permitted by law.

SECTION 17 – DISCLAIMER OF WARRANTIES

To the fullest extent permitted by applicable law, the Services are provided on an “as available” basis.

We do not guarantee that the website will always operate uninterrupted, securely, or without technical errors.

Nothing in these Terms excludes or limits warranties, guarantees, remedies, or other consumer rights that cannot legally be excluded.

Product-specific warranties or representations, if any, are only those expressly stated in the applicable product description or written policy.

SECTION 18 – LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Jasmine Earthman Jewelry and its owners, employees, contractors, service providers, affiliates, and representatives will not be liable for indirect, incidental, special, punitive, or consequential damages arising from the use of the Services where such liability may lawfully be limited.

Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited under applicable law.

Your statutory consumer rights remain unaffected.

SECTION 19 – INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless Jasmine Earthman Jewelry and its affiliates, representatives, employees, contractors, licensors, and service providers from third-party claims, losses, liabilities, or reasonable expenses arising from your unlawful use of the Services, your material violation of these Terms, or your infringement of another person’s legal rights.

This provision applies only to the extent enforceable under applicable law.

SECTION 20 – SEVERABILITY

If any provision of these Terms is determined by a court of competent jurisdiction to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law or severed where necessary.

The remaining provisions will continue in effect.

SECTION 21 – WAIVER AND ENTIRE AGREEMENT

Our failure to enforce a provision of these Terms on one occasion does not constitute a permanent waiver of that provision or any other right.

These Terms, together with the policies and rules incorporated into them by reference, constitute the agreement governing your use of the Services.

Nothing in this section limits rights that cannot legally be waived.

SECTION 22 – ASSIGNMENT

You may not transfer or assign your rights or obligations under these Terms without our prior written consent where consent is legally required.

We may assign or transfer our rights and obligations in connection with a legitimate transfer, sale, restructuring, or operation of our business, subject to applicable law.

SECTION 23 – GOVERNING LAW

These Terms and any separate agreements through which we provide Services shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict-of-law principles, except where applicable consumer law requires otherwise.

To the extent permitted by applicable law, disputes subject to court jurisdiction may be brought before an appropriate state or federal court having jurisdiction in New York.

SECTION 24 – HEADINGS

Section headings are included for convenience and organization only.

They do not limit or otherwise change the meaning of these Terms.

SECTION 25 – CHANGES TO THESE TERMS

We may update these Terms from time to time.

The current version will be posted on this page.

Where required by applicable law, we will provide appropriate notice of material changes.

Changes will become effective on the date stated in the applicable notice or updated Terms.

Continued use of the Services after an update may constitute acceptance of the revised Terms to the extent permitted by law.

SECTION 26 – CONTACT INFORMATION

Questions regarding these Terms of Service may be sent to:

Jasmine Earthman Jewelry

Email: info@jasmineearthman.com
Website: www.jasmineearthman.com