Terms & Conditions
J.Y. Jewellery Limited Terms & Conditions (“Terms & Conditions”)
Effective As of October 12th, 2015
These Terms & Conditions of use set forth below shall apply to all use of this website, http://jyjewellery.ca and https://jyjewellery.ca (the “Website”), made available by J.Y. Jewellery Limited (“J.Y. Jewellery”, “we”, “us”, “our”) and all purchases of products and services made through the Website. All content, information, products and services provided on and through the Website may be used solely under the following terms and conditions.
We reserve the right to modify or amend the Terms & Conditions at any time in our sole discretion without prior notice. It is your responsibility to review the Terms & Conditions to determine if there have been any modifications or amendments.
Your use of the J.Y. Jewellery web site constitutes your acceptance of these Terms & Conditions. If you do not agree to these terms, you should immediately discontinue your use of the Website.
- Website License
As a user of the Website (“you”), you are granted a non-exclusive, non-transferable, revocable, limited license to access and use the Website and content in accordance the these Terms & Conditions. You may access, use and create electronic or print copies (expect where prohibited) of the Website for your informational, non-commercial and personal use. Such license is subject to the terms of these Terms & Conditions.
- Limitation of Use
As a condition of use, you agree not to (i) sell, resell, market, adapt or use for commercial purposes the Website or content on the Website, (ii) modify, adapt, translate, reverse engineer any content of the Website not intended to be read, including any code from the Website, (iii) copy, imitate, mirror, reproduce, publish, display, post or transmit any of the Website (including all intellectual property of J.Y. Jewellery) in any form or by any means, (iv) collecting or using any product listing or descriptions, (v) use the Website or any products or services from the Website for any unlawful purpose, (vi) use the Website in any way that interferes with the normal operation of the Website, and (vii) use the Website other than as expressly permitted herein. No other use of the materials or information is authorized. Any violation of the foregoing may result in civil and/or criminal liabilities.
- Registered Account
Certain sections and services on the Website require you to register. If registration is requested, you agree to to provide and maintain, valid, accurate, current and complete information about yourself. It is your responsibility to inform J.Y. Jewellery of any changes to that information. You agree that you will not impersonate any person or misrepresent an affiliation with another person or entity. J.Y. Jewellery reserves the right to refuse registration of your account.Once registered, you will be a registered user with a password with access to your account and use to the Website. You are responsible for keeping your username and password secure and confidential. You agree that you are solely responsible for any use of the Website by any person using your username and password. Furthermore, you agree that we shall not be liable for any loss or damage as a result of your failure to comply with this section or these Terms & Conditions.
By submitting feedback or content to a forum or any other portion of the the Website, you automatically grant J.Y. Jewellery a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adopt, publish, edit, translate, create derivative works from, distribute, redistribute, transmit, perform and display such content (in whole or in part) nationally and/or to incorporate it in other works in any form, media, or technology now know or later developed for the full term of any rights that may exist in such content. J.Y. Jewellery reserves the right to remove any content submitted to the J.Y. Jewellery web site at any time for any reason.
You may submit an order to purchase products by completing the order form and submitting the order on the Website. An order confirmation will be sent to you from our Website confirming you have placed an order for our products. Any orders placed on the Website constitute a binding offer by you to purchase J.Y. Jewellery products and services in accordance with these Terms & Conditions, including your agreement to pay the purchase price full, and all applicable shipping and handling, taxes and levies. When an order is placed for J.Y. Jewellery products or services you must pay for those products or services at the time of purchase and in the manner specified on the Website. A product may go out of stock before a notification is made on the Website, should this happen we may cancel your order.
All prices and other references to currency on the Website are displayed in Canadian dollars. You shall pay for your orders by Paypal, Stripe or by other online payment facilitators that may be used by J.Y. Jewellery from time to time. If there is an issue with payment, we may contact you to make alternative methods for payment. If complete payment for the order is not received or verified, the order will be cancelled. You are liable for all debt collection costs if you should fail to make payment.
- Shipping and Delivery
We ship to valid mailing addresses within Canada only. We use Canada Post for orders under $500. We use FedEx for orders with a value of or exceeding $500. We will use reasonable efforts to have the products purchased through the Website delivered to you within any time frame indicated on the Website. However, we make no guarantee as to the delivery of such products within the time frame indicated if such time frame is outside the reasonable control of J.Y. Jewellery and we will not be liable for any loss, expense, or other damage caused by any delay in delivery.
- Taxes and Other Fees
Prices displayed on the Website are exclusive of all applicable taxes, fees and levies. Your order and the may be subject to loading charges, shipping insurance, handling charges, any taxes, levies and duties payable in connection with the purchase, shipment and delivery of your ordered products. Such fees and costs vary and J.Y. Jewellery has no control over these fees and charges. As such, you agree that the payment of these fees in connection with your orders are your responsibility.
Products purchased via this Website may be exchanged for J.Y. Jewellery products of equal or lesser value. Exchange requests must be made by email, phone, or in-store within fourteen (14) business days after you have received a product. Products must be returned in their original condition and must be returned with any original packaging, including any tags, stickers or labels affixed to the product. J.Y. Jewellery is under no obligation to exchange returned products that do not have original tags, stickers or labels affixed to the products. J.Y. Jewellery does not refund payments for returned products.
- Warranties in Relation to our Products
We offer a thirty (30) business day warranty from the date of purchase on our products against workmanship defects. If the defect is the result of any other reason, such as accident, wear and tear, or inappropriate use, such defect will not be protected by the warranty. We reserve the sole right to determine if a product is protected by our warranty.
J.Y. Jewellery is committed to the goals of Canada’s Anti-Spam Legislation (“CASL”) governing Commercial Electronic Messages (“CEM” as defined in CASL) and has established policies to comply with the CASL. J.Y. Jewellery may from time to time communicate to recipients by CEM, such as email, and may send a CEM to recipients who have a registered account on the Website. CEM’s from J.Y. Jewellery will only be sent to recipients who have; (i) expressly or impliedly consented to receiving CEM’s from J.Y. Jewellery, and such consent has not been withdrawn, or (ii) an existing business relationship as defined in the CASL exists between the recipient and J.Y. Jewellery.
- Errors, Display and Corrections
J.Y. Jewellery does not represent or warrant that the Website will be error-free, free or viruses or other harmful components, or that defects will be corrected. J.Y. Jewellery does not warrant or represent that the content and any information available on or through the Website will be correct, accurate, timely, or otherwise reliable. J.Y. Jewellery cannot guarantee that your computer monitor will display any and all of our product colour, texture or detail accurately. Some products may appear larger or smaller than their actual size in the product images displayed on the Website. J.Y. Jewellery may make changes to the content or the Website site at any time.
- Links to Other Websites and Services
Third-party content may appear on or be accessible from the Website. J.Y. Jewellery is not responsible for and assumes no liability for any third-party content or websites.
- Intellectual Property Rights
The Website and all content, including all images, text, illustrations, designs, icons, video, audio, software, documents and other material, unless otherwise indicated, is protected by law including, but not limited to, Canada copyright and trademark law, as well as other federal or provincial laws and regulations. Any unauthorized use of the Website and its content may violate copyright laws, trademark laws, trade secret laws, or laws relating to privacy and publicity. Any rights not expressly granted herein are reserved.
THE INFORMATION, CONTENT, SERVICES AND PRODUCTS FROM OR THROUGH THE J.Y. JEWELLERY WEB SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION, SERVICE OR PRODUCT. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS WEBSITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
- Limitation of liability
J.Y. Jewellery, its shareholders, directors, employees, contractors, and any affiliated party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from: (a) any errors in or omissions from the Website or any services or products obtainable therefrom, (b) the unavailability or interruption of the Website or any features thereof, (c) your use of the Website, (d) the content contained on the Website, or (e) any delay or failure in performance of the Website.
- Representations and Indemnification
By using the Website you represent, warrant and covenant to J.Y. Jewellery that you will use the Website, and any products purchased or services ordered through the Website in accordance with all applicable provincial, federal and international laws and regulations and in accordance with these Terms & Conditions.
You agree to defend, indemnify and hold harmless J.Y. Jewellery and its affiliates and each of their respective directors, officers, shareholders, employees, contractors or other representatives harmless from and against any claims, damages, costs and expenses, including legal fees, arising from or related to (i) your use of the Website, or (b) your breach of any representation, warranty, condition or provision of these Terms & Conditions.
J.Y. Jewellery may, in its sole discretion, terminate or suspend your access to all or part of the Website, including but not limited to material downloaded from the Website, for any reason, including without limitation, breach of this agreement. In the event this agreement is terminated, the restrictions regarding information, products and materials appearing on the Website and the representations and warranties, indemnities, and limitation of liabilities set forth in this agreement shall survive any such termination.
- Governing Law and Jurisdiction
This agreement shall be governed by and construed in accordance with the laws of the Province of Ontario exclusive of its choice of law principles. The Ontario provincial courts shall have exclusive jurisdiction over any dispute arising out of or relating to this Agreement, and each party hereby consents to the jurisdiction of such courts.
- General Provisions
If any provision of this agreement is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed from this agreement and the remaining provisions of this agreement shall remain in force. The waiver of any provision of the Terms & Conditions shall not be considered a waiver of any other provision or of J.Y. Jewellery’s right to require strict observance of each of the terms herein.
If you have any questions about J.Y. Jewellery’s Terms & Conditions, please contact us at email@example.com.