Terms of service
Website Terms of Service
Last Updated: December 2025
1. Acceptance of Terms
This website is operated by Jewelsmith, Inc. (“Company,” “we,” “us,” or “our”). This website, together with all content, functionality, products, and services offered through it (collectively, the “Website”), is provided subject to these Website Terms of Use (the “Terms”).
By accessing, browsing, or using the Website, or by purchasing any products through the Website, you agree to be bound by these Terms and all policies incorporated by reference, including the Privacy Policy, Refund Policy, and Accessibility Policy (collectively, the “Policies”). If you do not agree, you may not access or use the Website.
These Terms constitute a legally binding agreement between you and the Company.
2. Eligibility and Online Store Terms
By using the Website, you represent and warrant that:
- You are at least the age of majority in your jurisdiction or have the consent of a parent or legal guardian;
- You will use the Website only for lawful purposes; and
- You will not violate any applicable laws, regulations, or third-party rights.
The Company reserves the right to refuse service, cancel orders, or terminate access for any violation of these Terms.
3. Products; Disclosures
Product Descriptions and Images. The Company makes commercially reasonable efforts to accurately describe and display jewelry products, including materials, gemstones, metals, dimensions, and finishes. However:
- Jewelry appearance may vary due to lighting, photography, screen settings, and natural material variation;
- Gemstones, metals, and handcrafted items may vary in color, size, clarity, texture, or finish; and
- Measurements are approximate and provided for convenience only.
All product images are illustrative and not exact representations.
Natural Materials and Sensitivities. Jewelry may contain natural materials, alloys, treatments, or finishes. The Company does not guarantee that products are hypoallergenic. Customers with sensitivities or allergies should consult a qualified professional before purchase.
Limited Inventory. Certain items may be one-of-a-kind or produced in limited quantities. Availability is not guaranteed, and products may be discontinued at any time without notice.
4. Valuation, Appraisal, and Investment
Jewelry sold through the Website is offered for personal use and aesthetic enjoyment only.
The Company makes no representations or warranties regarding:
- Current or future value;
- Resale price or secondary-market performance; or
- Investment potential, appreciation, or depreciation.
Any references to carat weight, materials, rarity, craftsmanship, or quality are descriptive only and do not constitute an appraisal or valuation. Customers seeking insurance, resale, estate planning, or valuation purposes should obtain an independent professional appraisal. The Company is not responsible for discrepancies between third-party appraisals and purchase price.
5. Pricing, Errors, and Order Cancellation
Prices are subject to change without notice. The Company reserves the right to:
- Correct pricing errors;
- Cancel or refuse orders, including after confirmation; or
- Limit quantities per customer, household, or order.
If payment has been processed for a canceled order, a refund will be issued in accordance with the Refund Policy.
6. Risk of Loss; Delivery
Title and risk of loss for all products pass to you upon delivery to the carrier. The Company is not responsible for loss, theft, or damage occurring after shipment.
You are responsible for providing accurate shipping information. The Company is not liable for delays, misdelivery, or non-delivery caused by incorrect or incomplete address information. Delivery confirmation by the carrier shall constitute proof of delivery.
7. Care, Wear, and Assumption of Risk
Jewelry is subject to normal wear and tear. By purchasing jewelry from the Website, you acknowledge and agree that:
- Jewelry is inherently subject to wear, stress, and environmental exposure;
- Stones may loosen; finishes may change; settings may require maintenance; and
- Improper care, impact, chemical exposure, or misuse may cause damage.
Except as expressly stated in the Refund Policy or required by law, the Company is not responsible for loss, damage, or deterioration after delivery. You assume all risks associated with use, storage, and care of the jewelry following delivery.
8. Refunds, Returns, and Exchanges
All refunds, returns, and exchanges are governed exclusively by the Refund Policy, which is incorporated by reference. No refunds or returns will be accepted outside that policy.
9. Third-Party Platforms and Shopify Services
The Website is hosted on Shopify Inc. The Company is not responsible for outages, interruptions, payment-processing errors, or accessibility, security, or performance issues attributable to Shopify or other third-party platforms.
Use of third-party services is at your own risk and subject to their respective terms.
10. Accessibility Policy
The Company’s Accessibility Policy is incorporated by reference into these Terms. The Accessibility Policy describes the Company’s good-faith efforts to improve website accessibility and provides contact information for assistance.
Nothing in the Accessibility Policy or these Terms constitutes a guarantee of full or continuous accessibility or an admission of legal obligation or non-compliance under the Americans with Disabilities Act or any other law.
11. Intellectual Property
All Website content, including designs, text, images, logos, product names, and branding, is owned by or licensed to the Company and protected by intellectual property laws.
You may not reproduce, distribute, modify, or exploit any Website content without the Company’s prior written consent.
12. User Submissions and Reviews
Any reviews, comments, or submissions you provide may be used by the Company without compensation or obligation. You represent that you have the right to submit such content and that it does not infringe any third-party rights.
The Company reserves the right to remove or moderate content at its discretion.
13. Prohibited Uses
You may not use the Website to:
- Violate laws or regulations;
- Infringe intellectual property rights;
- Misrepresent identity or affiliation;
- Engage in fraudulent, abusive, or harmful conduct; or
- Scrape, copy, or misuse Website content.
Violation may result in immediate termination of access.
14. DISCLAIMER OF WARRANTIES
THE WEBSITE AND ALL PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
THE COMPANY DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPATIBLE WITH ALL TECHNOLOGIES OR ASSISTIVE DEVICES.
15. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF VALUE, OR PERSONAL DISSATISFACTION.
THE COMPANY’S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM.
16. Time Limitation on Claims
To the fullest extent permitted by applicable law, any claim or cause of action arising out of or relating to these Terms, the Website, any product, or any Policy must be commenced within one (1) year after the claim accrues. Any claim not brought within this period is permanently barred.
17. Force Majeure
The Company shall not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including acts of God, natural disasters, supply-chain disruptions, labor shortages, shipping delays, governmental actions, pandemics, or telecommunications failures. Performance timelines shall be extended for the duration of such events.
18. Chargebacks and Payment Disputes
You agree not to initiate chargebacks or payment disputes without first contacting the Company to attempt resolution.
Excessive, fraudulent, or abusive chargebacks may result in order cancellation, account suspension, and recovery of fees incurred by the Company in connection with such chargebacks.
19. Indemnification
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless the Company and its affiliates, officers, directors, employees, agents, contractors, licensors, and service providers from and against any and all claims, damages, losses, liabilities, judgments, settlements, penalties, fines, and expenses, including reasonable attorneys’ and expert fees, arising out of or relating to your use of the Website or purchase of products, your violation of these Terms or any incorporated Policy; your violation of applicable laws or regulations, content or materials you submit, misuse, resale, or improper care of jewelry products, chargebacks or payment disputes initiated by you, or any misrepresentation or fraudulent conduct.
The Company may assume exclusive defense and control of any indemnified matter. This obligation survives termination.
20. Dispute Resolution; Mandatory Arbitration; Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
Before initiating arbitration or litigation, you agree to provide written notice to info@jewelsmith.com and allow thirty (30) days for informal resolution.
Except where prohibited by law, any dispute arising out of or relating to these Terms, the Website, any product, or any Policy shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.
Arbitration shall take place in North Carolina, unless otherwise required by law.
YOU AND THE COMPANY AGREE THAT ALL CLAIMS MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY ONLY AND NOT AS PART OF ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.
Either party may bring an individual claim in small-claims court or seek injunctive relief for intellectual-property infringement. This section survives termination.
21. Governing Law; Venue; Forum Selection
These Terms shall be governed by the laws of the State of North Carolina, without regard to conflict-of-laws principles.
To the extent any dispute is not subject to arbitration, you and the Company agree that such dispute shall be brought exclusively in the state or federal courts located in North Carolina, and you consent to personal jurisdiction and venue in those courts. You waive any objection based on inconvenient forum or improper venue.
This section applies solely to non-arbitrable claims and to proceedings to enforce or confirm an arbitration award.
22. Assignment
You may not assign these Terms without the Company’s prior written consent. The Company may assign these Terms freely in connection with a merger, sale of assets, restructuring, or by operation of law.
23. No Third-Party Beneficiaries
These Terms are for the sole benefit of the Company and the user and do not confer any rights or remedies on any third party.
24. No Waiver; Equitable Relief
The Company’s failure to enforce any provision shall not constitute a waiver. You acknowledge that unauthorized use of the Website may cause irreparable harm, entitling the Company to injunctive or equitable relief without posting bond.
25. Interpretation
Headings are for convenience only. “Including” means “including without limitation.” These Terms shall not be construed against the drafting party.
26. Entire Agreement; Severability
These Terms and the Policies constitute the entire agreement. If any provision is unenforceable, the remaining provisions remain in full force.
27. Changes to Terms
The Company may update these Terms at any time. Continued use of the Website constitutes acceptance of the updated Terms.
28. Contact Information
Jewelsmith, Inc.
info@jewelsmith.com
2200 W. Main St., Ste. A-170, Durham, NC 27705
919-286-2990
