Terms & Conditions

TERMS OF USE

Welcome to eBlackJewelry, Inc.  By accessing or using this Site, you (“User”) agree to comply with the terms and conditions governing your use of any areas of the eBlackJewelry, Inc.  website (the “Site”) as set forth below.

USE OF SITE

This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose except as expressly permitted by eBlackJewelry, Inc. eBlackJewelry, Inc. and its affiliates reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if eBlackJewelry, Inc. believes that User conduct violates applicable law or is harmful to the interests of eBlackJewelry, Inc. or its affiliates.

CONTENT

  1. Proprietary Rights in Content

User acknowledges that the eBlackJewelry, Inc.  Site contains content, including but not limited to text, images, graphics, logos, typefaces, icons, audio, video and software, and other material (collectively “Content”) that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. The compilation (meaning the collection, arrangement and assembly) of all content on this Site is the exclusive property of eBlackJewelry, Inc. and protected by U.S. and international copyright laws. All software used on this Site is the exclusive property of eBlackJewelry, Inc. and protected by U.S. and international copyright laws. The Content and software on this Site may be used as a shopping and selling resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance of the Content of this Site is strictly prohibited.

  1. Submission of Information or Content

 

eBlackJewelry, Inc. welcomes User comments, information and submissions (collectively, “Submission”). eBlackJewelry, Inc., however, does not assume any obligation with respect to any Submission and no confidential or fiduciary understanding or relationship is established by eBlackJewelry, Inc. receipt or acceptance of any Submission. All Submissions become the exclusive property of eBlackJewelry, Inc. and its affiliates.  eBlackJewelry, Inc. and its affiliates may use any Submission without restriction and User shall not be entitled to any compensation.

  1. Third-Party Content

Neither eBlackJewelry, Inc., nor its affiliates, nor any of their respective officers, directors, employees, or agents, nor any third party, including any Provider, or any other User of this Site, guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In some instances, the Content available through eBlackJewelry, Inc., may represent the opinions and judgments of Providers or Users. eBlackJewelry, Inc. and its affiliates do not endorse and shall not be responsible for the accuracy or reliability of any opinion, advice, or statement made on this Site by anyone other than authorized eBlackJewelry, Inc. employees. Under no circumstances shall eBlack Jewelry.com, Inc., or its affiliates, or any of their respective officers, directors, employees, or agents be liable for any loss, damage or harm caused by a User’s reliance on information obtained through eBlackJewelry, Inc. It is the responsibility of User to evaluate the information, opinion, advice, or other Content available through this Site.

ONLINE CONDUCT

User agrees to use the eBlackJewelry, Inc. Site only for lawful purposes. User is prohibited from posting on or transmitting through eBlack Jewelry.com any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.

If eBlackJewelry, Inc. is notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content provided by User, eBlack Jewelry.com, Inc. may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from eBlackJewelry, Inc. eBlackJewelry, Inc. may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate eBlackJewelry, Inc.; or (iii) to protect the rights or property of eBlackJewelry, Inc., its Users or Providers.

eBlackJewelry, Inc. reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, the eBlackJewelry, Inc. Site, the communities that make up eBlackJewelry, Inc., or any rights of eBlackJewelry, Inc. or its affiliates or any other party, or to violate any applicable law. Notwithstanding the foregoing, neither eBlackJewelry, Inc. nor its Providers can ensure prompt removal of questionable Content after online posting. Accordingly, neither eBlackJewelry, Inc., nor its affiliates, nor any of their officers, directors, employees, or agents, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or Content on Timex.com.

DISCLAIMERS AND LIMITATION OF LIABILITY

User agrees that use of this Site is at User’s sole risk. Neither eBlackJewelry, Inc., nor its affiliates, nor any of their respective officers, directors, employees, agents, third-party content providers, merchants, sponsors, licensors or the like (collectively, “Providers”), warrant that this Site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this Site, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through this Site. THIS SITE IS PROVIDED BY EBLACKJEWELRY, INC. ON AN “AS IS”AND “AS AVAILABLE” BASIS. EBLACK JEWELRY, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, EBLACK JEWELRY, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EBLACK JEWELRY, INC. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. Under no circumstances shall eBlackJewelry, Inc. or any other party involved in creating, producing, or distributing this Site be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use this Site, including but not limited to reliance by a User on any information obtained from eBlackJewelry, Inc. or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to eBlackJewelry, Inc.’s records, programs, or services. User hereby acknowledges that these disclaimers and limitation on liability shall apply to all content, merchandise, and services available through this Site. In states that do not allow the exclusion of limitation or limitation of liability for consequential or incidental damages, User agrees that liability in such states shall be limited to the fullest extent permitted by applicable law.

PRIVACY POLICY

eBlack Jewelry respects the privacy of its Users.

USAGE BY CHILDREN UNDER 13

eBlackJewelry, Inc. cannot prohibit minors from visiting this Site. eBlack Jewelry, Inc. must rely on parents, guardians and those responsible for supervising children under 13 to decide which materials are appropriate for such children to view and/or purchase. eBlack Jewelry, Inc. requires that all purchases be made either (i) by individuals 13 years of age or older, or (ii) by minors under 13 through a eBlack Jewelry.com, Inc. authorized affiliated program which permits parents and other guardians to both pay for the purchases of minors, and give verifiable permission for such minors to purchase items on our site and for the collection by us of certain information in accordance with the terms of our privacy policy. EACH TIME YOU PURCHASE A PRODUCT AT EBLACK JEWELRY, INC., YOU ARE REPRESENTING TO EBLACK JEWELRY, INC. THAT YOU ARE EITHER (I) AN INDIVIDUAL 13 YEARS OF AGE OR OLDER, OR (II) A MINOR UNDER 13 WHO IS PURCHASING THROUGH AN EBLACK JEWELRY.COM INC AUTHORIZED AFFILIATED PROGRAM WHICH PERMITS PARENTS AND OTHER GUARDIANS TO BOTH PAY FOR THE PURCHASES OF MINORS, AND GIVE VERIFIABLE PERMISSION FOR SUCH MINORS TO PURCHASE ITEMS ON OUR SITE AND FOR THE COLLECTION BY US OF CERTAIN INFORMATION IN ACCORDANCE WITH THE TERMS OF OUR PRIVACY POLICY.

TERMINATION OF USAGE

eBlack Jewelry, Inc. may terminate User’s access, or suspend any User’s access to all or part of eBlack Jewelry.com, without notice, for any conduct that eBlack Jewelry, Inc., in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third-party Provider, a service provider, or eBlack Jewelry, Inc. or any of its affiliates.

INDEMNITY

User agrees to indemnify and hold eBlack Jewelry, Inc., its affiliates and their respective officers, directors, employees and agents, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party arising out of or in connection with User’s breach of any term or condition of this User Agreement or User’s violation of any law or the rights of any third party.

COPYRIGHT

All content contained on this Site, including but not limited to text, images, graphics, logos, typefaces, icons, audio, video and software, is the property of eBlack Jewelry, Inc., its affiliates or their respective content suppliers and protected by U.S. and international copyright laws.

TRADEMARKS

Trademarks appearing on eBlackJewelry, Inc. may only be used with the permission of eBlack Jewelry, Inc. or the respective trademark owners. Any controversy or claim arising out of or relating to this User Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.

 

RETURN POLICY

We strive to provide you with an experience that makes you feel confident in your purchase and use of our products and services. We hope your selection brings you many years of enjoyment.

Our Return/Refund Policy

If for any reason you are not satisfied with your purchase, you may return it within 30 days to eBlackJewelry, Inc. within 30 days of purchase.

Custom designed merchandise or specially ordered items cannot be returned or exchanged.

If you purchased an item from eBlackJewelry, Inc. and had it shipped directly to you, please follow the instructions on your packing slip (also listed below):

  • Indicate the return reason in the Return Reason column on the front of the packing slip next to the line item you are returning.
  • Include your packing slip and all original documentation with your merchandise (you may want to make a copy of your packing slip for yourself)
  • Affix the pre-printed return shipping label from the front of your packing slip to the outside of your shipping box.
  • Affix the return address label from the front of your packing slip to the top left corner of your shipping box.
  • Please ship your merchandise pre-paid and insured for the full purchase price to the address indicated on your packing slip.

Please Note:

  • Your packing slip must accompany your return.
  • All returns are subject to inspection by our Quality Assurance team before a refund is processed.
  • We will credit your original method of payment excluding delivery charges within 3 weeks of receiving your return.

eBlackJewelry, Inc. is not responsible for merchandise that it does not receive or that is not returned in accordance with these terms.  eBlackJewelry, Inc. reserves the right to not accept returns based on condition and timeliness and any warranty implied extends only through the delivery of the item(s) to the purchaser and is limited only to obvious flaws in workmanship due to the handmade nature of our products.

ACKNOWLEDGMENT

By accessing or using this Site, USER AGREES TO BE BOUND BY THE TERMS AND CONDITION, INCLUDING DISCLAIMERS. eBlackJewelry, Inc. reserves the right to make changes to its Site and these terms and conditions, including disclaimers, at any time.

Effective Date: November 7, 2015