Privacy Policy & Terms of Service

 

Personal Information We Collect
When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. As you browse the Site, we may also collect information about the individual web pages or products that you view, the websites or search terms that referred you to the Site, and information about how you interact with the Site. We refer to this automatically collected information as “Device Information”.

We collect Device Information using the following technologies:
– “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies and how to disable cookies, visit
All About Cookies.
– “Log files” track actions occurring on the Site and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
– “Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the Site.

When we refer to “Personal Information” in this Privacy Policy, we mean both Device Information and Order Information.

The Site uses cookies to help keep track of items you place in your shopping cart, including when you have abandoned your cart. This information may be used to determine when to send cart reminder messages via SMS.

How Do We Use Your Personal Information?
We use the Order Information that we collect generally to fulfill orders placed through the Site, including processing payment information, arranging shipping, and providing invoices and/or order confirmations. We may also use Order Information to:

– Communicate with you;
– Screen orders for potential risk or fraud; and
– When consistent with the preferences you have shared with us, provide information or advertising relating to our products or services.

We use Device Information to help us screen for potential risk and fraud, including by using your IP address, and more generally to improve and optimize the Site. This may include generating analytics about how customers browse and interact with the Site and assessing the effectiveness of our marketing and advertising campaigns.

Sharing Your Personal Information
We may share your Personal Information with third parties that help us operate the Site and provide our services. For example, we use Shopify to power our online store. You can learn more about how Shopify handles personal information by visiting
Shopify’s Privacy Policy.

We also use Google Analytics to help us understand how customers use the Site. More information about how Google handles personal information is available through
Google’s Privacy Policy.
You may also opt out of Google Analytics using
Google Analytics Opt-out.

We may also disclose Personal Information when necessary to comply with applicable laws and regulations, respond to a subpoena, search warrant, or other lawful request for information, or otherwise protect our rights.

Text messaging originator opt-in data and consent information will not be shared with third parties for purposes unrelated to providing the requested messaging service.

Behavioral Advertising
As described above, we may use Personal Information to provide targeted advertisements or marketing communications that may be relevant to your interests. For more information about how targeted advertising works, you may visit the Network Advertising Initiative’s educational resources at
Network Advertising Initiative.

Do Not Track
Please note that we do not alter the Site’s data collection and use practices when we receive a Do Not Track signal from your browser.

Your Rights
If you are a European resident, you may have the right to access the personal information we hold about you and request that your personal information be corrected, updated, or deleted, subject to applicable law. If you would like to exercise these rights, please contact us using the information below.

If you are a European resident, we may process your information to fulfill contracts we have with you, such as when you place an order through the Site, or to pursue legitimate business interests described above. Your information may be transferred outside Europe, including to Canada and the United States.

Data Retention
When you place an order through the Site, we may retain your Order Information for our records unless and until you request deletion, subject to applicable legal, accounting, and operational requirements.

Changes
We may update this Privacy Policy from time to time to reflect changes to our practices or for other operational, legal, or regulatory reasons. Any updated version will be posted on this page.

Contact Us
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by email at
[email protected].

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OVERVIEW
This website is operated by EVRYJEWELS. Throughout the Site, the terms “we”, “us”, and “our” refer to EVRYJEWELS. EVRYJEWELS offers this website, 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 visiting our Site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully 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, 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 or tools added to the current store shall also be subject to these Terms of Service. You can review the most current 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 your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc., which provides the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 – ONLINE STORE TERMS
By agreeing to 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 have given us your consent to allow any of your minor dependents to use this Site.

You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction, including applicable copyright laws.

You must not transmit any worms, viruses, or any code of a destructive nature.

A breach or violation of any of the Terms may result in termination of your Services.

SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any lawful reason and at any time.

You understand that your content, excluding credit card information, may be transferred unencrypted and may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is 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, without our express written permission.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this Site is not accurate, complete, or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this Site is at your own risk.

This Site may contain certain historical information. Historical information is not current and is provided for reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service, or any part or content thereof, without notice.

We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made reasonable efforts to display as accurately as possible the colors and images of our products that appear in the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit quantities of products or services that we offer.

All product descriptions and pricing are subject to change at any time without notice. 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 products, services, information, or other material purchased or obtained by you will meet your expectations, or that errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, 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. If we make a change to or cancel an order, we may attempt to notify you using the email address, billing address, or phone number provided at the time the order was placed.

We reserve the right to limit or prohibit orders that, in our reasonable judgment, appear to be placed by dealers, resellers, or distributors.

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 payment information, so that we can complete your transactions and contact you as needed.

For more detail, please review our Return Policy.

SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have control or input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without warranties, representations, or conditions of any kind and without endorsement. We shall have no liability arising from or relating to your 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. You should ensure that you are familiar with and approve of the terms under which tools are provided by the relevant third-party provider.

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 8 – THIRD-PARTY LINKS
Certain content, products, 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 of third-party materials or websites, and we do not warrant or assume responsibility for third-party materials, websites, products, or services.

We are not liable for harm or damages related to the purchase or use of goods, services, resources, content, or other transactions made in connection with third-party websites. Please review third-party policies and practices carefully before engaging in any transaction.

Complaints, claims, concerns, or questions regarding third-party products should be directed to the applicable third party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send specific submissions, such as 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 referred to as “comments”, you agree that we may, subject to applicable law, edit, copy, publish, distribute, translate, and otherwise use such comments in any medium.

We are not obligated to maintain comments in confidence, pay compensation for comments, or respond to comments.

We may, but have no obligation to, monitor, edit, or remove content that we determine in our reasonable discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates intellectual property rights or these Terms of Service.

You agree that your comments will not violate any right of a third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights.

You further agree that your comments will not contain unlawful, abusive, obscene, or malicious material, or contain any computer virus or other malware that could affect the operation of the Service or any related website.

You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of comments. You are solely responsible for comments you make and their accuracy.

SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11 – 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 errors, inaccuracies, or omissions and to change or update information or cancel orders if 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 pricing information, except as required by law.

SECTION 12 – PROHIBITED USES
In addition to other prohibitions set forth in these 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 unlawful acts;
(c) to violate applicable international, federal, provincial, state, or local regulations, rules, or laws;
(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 against others;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or malicious code;
(h) to collect or track the personal information of others without authorization;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or unlawful purpose; or
(k) to interfere with or circumvent the security features of the Service, related websites, or the Internet.

We reserve the right to terminate your use of the Service or any related website for violating these prohibited uses.

SECTION 13 – 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 results obtained from use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods or cancel the Service at any time, without notice.

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 through the Service are provided “as is” and “as available”, except as expressly stated by us, without warranties or conditions of any kind to the extent permitted by applicable law.

In no case shall EVRYJEWELS, 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 arising from your use of the Service or products purchased through the Service, except to the extent such limitation is not permitted by applicable law.

SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless EVRYJEWELS and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, arising from your breach of these Terms of Service, the documents incorporated by reference, or your violation of any law or third-party rights.

SECTION 15 – SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall nevertheless be enforced to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed severed from these Terms of Service without affecting the validity and enforceability of the remaining provisions.

SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred before the termination date shall survive termination of this agreement for all purposes.

These Terms of Service remain 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 by ceasing to use our Site.

If, in our reasonable judgment, you fail to comply with any term or provision of these Terms of Service, we may terminate this agreement and/or deny you access to our Services or any part thereof, subject to applicable law.

SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of that right or provision.

These Terms of Service and any policies or operating rules posted by us on this Site or in respect of the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding prior or contemporaneous agreements, communications, and proposals, whether oral or written, including 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 18 – 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 Canada, except where applicable law requires otherwise.

SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of changes constitutes acceptance of those changes.

SECTION 20 – CONTACT INFORMATION

Questions regarding the Terms of Service should be sent to:
[email protected].

SECTION 21 – DISPUTE RESOLUTION & ARBITRATION

By using EVRYJEWELS’s Services, you agree that, to the extent permitted by applicable law, disputes between you and EVRYJEWELS arising out of or relating to these Terms, your transactions, your use of the website, or our products may be resolved through binding arbitration rather than in court, except for matters that applicable law permits to be brought in court, including qualifying small claims and certain intellectual property matters.

Informal Dispute Resolution

Before filing for arbitration, you agree to attempt informal resolution by sending a Pre-Arbitration Demand to
[email protected].
The demand should include your contact details, counsel information if applicable, a description of the dispute, and your signature.

If the issue is not resolved within 60 days, either party may initiate arbitration, subject to applicable law and the procedures described below.

Arbitration Rules & Mass Filings

Arbitration will be administered by National Arbitration and Mediation (NAM) under its applicable rules, including applicable Mass Filing rules. If NAM is unavailable, a court may appoint an arbitrator where permitted by law.

The Federal Arbitration Act (FAA) governs this arbitration provision to the extent applicable. The submission of 25 or more substantially similar demands within 180 days shall be treated as a “Mass Filing” for purposes of the procedures described in this section.

Mass Filings may be processed in batches of 25, with one arbitrator assigned to each batch, subject to the applicable NAM rules and procedures.

For current NAM rules and procedures, please visit:

NAM Rules, Fees & Forms
.

The arbitrator may award damages, declaratory or injunctive relief, and recoverable costs to the extent permitted by applicable law.

Any arbitration award may be enforced through a judgment in a court with appropriate jurisdiction.

The arbitrator will have authority to determine threshold arbitrability issues to the extent permitted by applicable law, including whether this arbitration provision is applicable or enforceable.

Class Action & Jury Waiver

To the extent permitted by applicable law, you and EVRYJEWELS waive the right to trial by jury and participation in class, collective, or representative actions. Claims must be brought individually, except where applicable law does not permit such a waiver or limitation.

Governing Law & Venue

The arbitration provisions in this section are intended to be governed by applicable law. Any non-arbitrable matters shall be brought in a court with appropriate jurisdiction, subject to applicable law.

Severability

If any provision of this Arbitration Clause is found to be illegal or unenforceable, that provision will be severed to the extent required. The remaining provisions will continue to apply to the fullest extent permitted by law.

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No Resale Policy

All products available for purchase on this website are intended for personal use unless otherwise stated. By placing an order through this Site, you agree that products purchased are not intended for unauthorized commercial resale or distribution.

Evry Jewels Inc. prohibits the purchase of its products for unauthorized commercial resale. Unauthorized resale, redistribution, or commercial exploitation of products purchased from this website may constitute a violation of our Terms and applicable law.

We reserve the right to cancel or refuse an order that we reasonably suspect is intended for unauthorized resale or distribution, subject to applicable law.

Questions about the Terms of Service should be sent to:
[email protected].

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Mobile Terms of Service

EVRYJEWELS

Last updated: Feb. 20, 2024

The EVRYJEWELS mobile message service (the “Service”) is operated by EVRY JEWELS inc. (“EVRYJEWELS”, “we”, or “us”). Your use of the Service constitutes your agreement to these Mobile Terms.

We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time. Your continued use of the Service following the effective date of any changes constitutes acceptance of those changes.

By consenting to EVRYJEWELS’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of EVRYJEWELS through your wireless provider to the mobile number you provided, even if your mobile number is registered on a state or federal Do Not Call list, to the extent permitted by applicable law.

Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information such as order updates and account alerts. Promotional messages may include promotions, special offers, and other marketing communications, including cart reminders.

You understand that you do not have to sign up for this program in order to make purchases, and your consent is not a condition of any purchase with EVRYJEWELS. Participation in this program is completely voluntary.

We do not charge for the Service, but message and data rates may apply. You are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Check your mobile plan and contact your wireless provider for details.

You may opt out of the Service at any time by texting the single keyword STOP to
+18442932739
or by using the unsubscribe link, where available, in any text message. You will receive a one-time opt-out confirmation message. No further messages will be sent to your mobile device unless initiated by you or otherwise permitted by applicable law.

If you have subscribed to other EVRYJEWELS mobile message programs and wish to cancel, you may need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +18442932739 or email
[email protected].

We may change any short code or telephone number used to operate the Service at any time and will notify you of such changes where required.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of information sent through the Service, errors in such information, or any action you may or may not take in reliance on the information or Service.

We respect your privacy. To learn how we collect and use personal information, please review our Privacy Policy.