TERMS OF SERVICE

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OVERVIEW

This website is operated by Topaz Jewelry. Throughout the site, the terms “we”, “us” and “our” refer to Topaz Jewelry. Topaz Jewelry provides this online boutique, 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 utilizing our site and/ or purchasing something from us, you enter into our “Service” and agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein. These Terms of Service are applicable to any user who may use our site, in any capacity.


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

Any new features, tools, and new content which are added to the current store shall also be subject to the Terms of Service. You can review the most up-to-date version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is the user's responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 - ONLINE STORE TERMS

By accepting 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 TOPAZ JEWELRY USA 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

TOPAZ JEWELRY USA reserves 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 transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information will always be encrypted during transfer over networks.
All users agree not to recreate, 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 expressed written permission by TOPAZ JEWELRY USA.
The headings used in this agreement are included for the purpose of better navigating this page only and will not limit or otherwise affect these Terms.

SECTION 3 - MODIFICATIONS TO THE SERVICE AND PRICES

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


SECTION 4 - PRODUCTS OR SERVICES (if applicable)

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may choose to exercise this right on a individual case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 5 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order a user may place with us. We reserve the right to limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to reach you by contacting the e-mail and/or billing address/phone number provided at the time the order was checked out. We may exercise the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. If you are a dealer, or would like to resell or distribute, please reach out to us at Sales@topazjewelryusa.com.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers, expiration dates, and billing addresses, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 6 - OPTIONAL TOOLS

We may provide you with access to third-party tools in order to improve your shopping experience, over which we neither monitor nor have any control nor input.
You acknowledge and agree that we bestow access to such tools ”as is” and “as available” without any warranties, conditions of any kind, and without any endorsement. TOPAZ JEWELRY USA shall have no liability whatsoever arising from or relating to the user's use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion. Please ensure that you are familiar with and approve of the terms of any utilized tools/widgets provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 7 - THIRD-PARTY LINKS

Occasionally, certain content and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
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. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. If you'd like, you may forward us a copy as well to Sales@topazjewelryusa.com

SECTION 8 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

In the event you should send us either requested submissions (ie. Contest Entries etc.) or unrequested submissions( ie. creative ideas, proposals, comments, etc.) by any source, you agree that we may copy, reuse, publish, translate, and/or edit any/all of the received content that you may have forwarded to us. Topaz Jewelry USA is not obligated to keep any comments in confidence; is not required to render compensation for any comments; or to reply 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 agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. 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.

Promotions -

Topaz Jewelry USA may from time to time offer promotional contests to our customers and social media followers. Promotion participation is only valid in the USA and Canada. Topaz Jewelry USA reserves the right to delay, suspend, and/or cancel any promotion at any time. Participants must be at least 18 years of age.

Contest/Promotion winners will have up to 48 hours to reply to Topaz Jewelry USA's winning notification correspondance. If no contact is established within 48 hours, Topaz Jewelry USA will select a different winner, and the original winner will forfeit the winnings.

Complimentary Shipping Promotion -

Topaz Jewelry USA's complimentary shipping is currently available to U.S. residents only and does not support package tracking. Complimentary shipping

SECTION 9 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. Please review our Privacy Policy for further information.

SECTION 10 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit 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 in 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, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 11 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, the user will not engage in or solicit others to participate in any form of illegal action, or action which would solicit others to perform illegal actions. You may not infringe upon or violate any of our intellectual property rights. Users can not submit false or misleading information.  You may not 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 any form of TOPAZ JEWELRY USA Service or of any related website. We reserve the right to terminate your access to any Service or related website for violating any of the prohibited uses.

SECTION 12 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from 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 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 Topaz 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.

SECTION 13 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless TOPAZ JEWELRY USA and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless 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 of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 14 - SEVERABILITY

In the event that any element in these Terms of Service is determined to be unlawful, void or unenforceable, such element 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.

SECTION 15 - TERMINATION


These Terms of Service will remain effective unless and until terminated by either you or us. You may cancel these Terms of Service any time either by notifying us that you no longer wish to use our Services, or ceasing the use of our site.
If in our sole judgment you violate, or we suspect that you have violated, 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).

SECTION 16 - ENTIRE AGREEMENT

Should we fail to exercise or uphold any provision or right of these Terms of Service, it 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).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 17 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the state of Delaware, USA.


SECTION 18 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at support@topazjewelryusa.com.


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