TERMS OF USE

Please be advised that our company functions solely as a jewellery wholesaler within a business-to-business (B2B) framework, and does not conduct sales transactions with the general public. The Terms & Conditions presented herein specifically address our relationships with retail clients, and do not apply to their dealings with end consumers.

ACCEPTANCE OF TERMS

By using or visiting House of Jewellery (www.houseofjewellery.com) you agree to these terms and conditions (known as "Terms" hereinafter). House of Jewellery may, in its sole discretion, revise these terms at any time without advance notice to you. You are bound by such revisions by continuing to use or visit the website after they are posted online.

USER ACCOUNTS

To access some features of the website, you may have to register for a House of Jewellery user account. When registering for your user account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your user account, and you must keep your account password secure. You must notify House of Jewellery immediately of any breach of security or unauthorized use of your user account. Although House of Jewellery will not be liable for your losses caused by any unauthorized use of your user account, you may be liable for the losses of House of Jewellery or others due to such unauthorized use.

OWNERSHIP OF WEBSITE CONTENT

House of Jewellery owns all intellectual property rights, include but not limited to copyright and trademark rights; in all materials on or comprising the website (“content”); all written, audiovisual or other materials and graphical elements on the website; but excluding user content. House of Jewellery website content is owned by House of Jewellery and cannot be used without consent.

House of Jewellery’s express, prior, written permission is required for any content that is not included in the license above, such as any graphical elements or website code, and/or for the use of content for any purpose not expressly permitted above, such as for any commercial purpose whatsoever. The House of Jewellery logos are trademarks of the House of Jewellery, and may not be used without the express written permission of the House of Jewellery.

CHOICE OF LAW

The construction and performance of this contract shall be governed and interpreted by the laws under the province of Ontario and any and all disputes arising hereunder shall be brought within Toronto, Ontario.

FORCE MAJEURE

Seller is not liable for losses from causes beyond its reasonable control. This includes actions by any federal, state or local government, or any department or agency thereof; acts of God, fires, flood, weather, strikes, lockouts, embargoes, wars, acts of terrorism, riots, equipment failure, shortages in transportation, or inability to obtain sufficient quantities of fuel, power, labor, manufacturing capacity, materials or other supplies. In the event of a delay due to these reasons, the date of delivery will be postponed an amount of time that is reasonable to compensate for the delay.

LIMITATION OF LIABILITY

House of Jewellery, its employees, agents, officers and directors will not be liable for any direct, indirect, incidental, punitive, consequential, special, exemplary, or other damages, including, without limitation, loss of revenue or income, pain and suffering, emotional distress, or similar damages, or damages resulting from any (i) errors or omissions in content, (ii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (iii) any interruption or cessation of transmission to or from our website, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our website by any third party, or (v) for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the website. This limitation of liability applies regardless of the legal theory giving rise to the damages, and even if House of Jewellery has been advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

You specifically acknowledge that House of Jewellery, its employees, agents, officers and directors shall not be liable for user content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

House of Jewellery shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if House of Jewellery has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

INDEMNITY

You agree to defend, indemnify and hold the harmless House of Jewellery, its employees, agents, officers and directors from and against any and all claims, damages, obligations, judgments, losses, liabilities, costs or debt, attorney’s fees and other expenses arising from: (i) your use of and access to the website; (ii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iii) any claim that you did not have the right to provide any user content or that your user content caused damage to a third party. This defense and indemnification obligation will survive these terms and your use of the website. In such a case, House of Jewellery will provide you with written notice of such claim, suit or action.

MISCELLANEOUS

You affirm that you are either more than 18 years of age, or possess parental or guardian consent to agree to these Terms and access and use the Website, and are otherwise fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties outlined in these Terms, and to abide by and comply with these Terms.

These terms will be governed by and construed following the laws of the province of Ontario, Canada, without giving effect to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in the province of Ontario, Canada.

You may not assign these Terms or assign any rights or delegate any obligations under these Terms, in whole or in part, whether voluntarily or by operation of law, without our prior written consent.

These terms constitute the entire agreement between you and House of Jewellery concerning the subject matter and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remaining provisions of the Terms will continue in full force and effect.

In the event of any inconsistency between the English and French versions of these Terms, the English version shall govern.

CODE OF CONDUCT

a. You may not use the House of Jewellery website for any illegal or unauthorized purpose. In addition to the laws of the province of Ontario, Canada, you also agree to comply with all local laws that apply to your use of the website.

b. You may not use the website in any manner which could disable, overburden, damage, or impair the website, House of Jewellery’s servers or computer network, or interfere with any other party’s use and enjoyment of the website.

c. You agree that you are responsible for your conduct and communications while using the website and for any consequences of that use. By way of example, and not as a limitation, you agree that when using the website, you will not:

• post or upload any inappropriate, promotional, defamatory, destructive, obscene, or unlawful content;
• defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
• post or upload any user content that infringes any patent, trademark, copyright, trade secret or other intellectual property right of any party;
• impersonate another person, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of any content;
• use the website in connection with surveys, contests, junk email, spamming or any duplicative messages (commercial or otherwise);
• use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the website to collect information about other users or domain names;
• upload files that contain bugs, viruses, trojan horses, worms, or any other similar software or programs that may damage the operation of the computer or property of another; or
• submit user content that falsely expresses or implies that such user content is sponsored or endorsed by any party where it is not sponsored or endorsed by such party.

d. While House of Jewellery prohibits such conduct and user content in connection with the website, you understand and agree that nonetheless you may be exposed to such conduct or user content and that you use the website at your own risk.

e. House of Jewellery reserves the right to monitor the use of this website to determine compliance with these Terms. Although House of Jewellery does not read, review, vet or otherwise assess user content in advance of its posting, House of Jewellery reserves the right to remove any user content and/or terminate your House of Jewellery user account without notice for breach or any other reason.

ECOMMERCE GUIDELINES

House of Jewellery prohibits, without prior permission, the sale of any of its products to online marketplace providers or ecommerce aggregators.

House of Jewellery reserves the right to limit use of any and all product images and/or descriptions.

House of Jewellery will review nonobservance of above guidelines on a case by case basis, results of which can include suspension or close of an account.

SMS and E-Mail MARKETING CONSENT

By providing your phone number, you consent to receive promotional and marketing text messages (SMS) from House of Jewellery at the number provided. These messages may include updates on promotions, new product launches, or other marketing communications. Message and data rates may apply. Consent is not a condition of any purchase. You can opt out of receiving SMS messages at any time by replying STOP to any message.

Upon account approval, you will be automatically subscribed to our marketing email list. To unsubscribe, click the "Unsubscribe" link included in your first marketing email.

WARRANTY DISCLAIMER

This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible according to applicable law, House of Jewellery disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. House of Jewellery does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available is free of viruses or other harmful components. House of Jewellery does not make any warranties or representations regarding the use of the materials on this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some provinces/states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

TYPOGRAPHICAL ERRORS

If a House of Jewellery product is mistakenly listed at an incorrect price, House of Jewellery reserves the right to refuse or cancel any orders placed for products listed at the incorrect price. Also, prices are subject to change without notice. House of Jewellery reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, House of Jewellery shall issue a credit to your credit card account in the amount of the incorrect price.

TERMINATION

These terms and conditions apply to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by House of Jewellery without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

ACCESSIBILITY

House of Jewellery is committed to making our sites accessible and user-friendly to everyone. If you are having difficulty viewing or navigating the sites, or have a suggestion on how to make the sites more accessible to people with disabilities, please contact us.

CONTACT US

Please contact us at House of Jewellery (2020) Inc. 1202- 27 Queen St E Toronto Ontario M5C 2M6 Canada

[email protected].

UPDATES TO TERMS OF USE

Terms of Use updated: September 23, 2024