Terms & Conditions
Effective Date: 2020-01 | Updated: 2021-07
CONDITIONS OF USE
Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then 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 which are added to the current store shall also be subject to the 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 any changes constitutes acceptance of those changes.
Words importing the singular numbers include the plural and vice-versa; words importing the masculine gender include the feminine and neutral genders. The headings and other captions in these Terms of Service are for convenience and reference only and are not to be construed in any way as additional limitations of the covenants and agreements contained in herein.
CODE OF CONDUCT
Please review our mandatory Code of Conduct, which also governs your visit to our website, to understand your obligatory responsibilities when engaging with us and other members, and when posting comments publicly.
When you visit Julia Morgan Fine Artisan Jewellery, and/or participate in our online services including but not limited to contact forms, website chat service, social media chat services, forums, blog comments, or send emails to us, you are communicating with us electronically. You therefore consent to receive communications from us electronically, and if you provide us with your phone number you consent to receive communications from us via text and/or telephone call. We will communicate with you primarily by e-mail or by posting notices on this site, for which you may receive notifications via email, Wix app, text message, online chat service and/or telephone. You agree that all Agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Importantly, we take both our and your rights and responsibilities very seriously, and your trust is important to us. We take every reasonable action to ensure that we comply fully with the updated Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act, which - among many important purposes - prohibits the sending of commercial electronic messages without the prior consent of the recipient and provides rules governing the sending of those types of messages, including a mechanism for the withdrawal of consent. We advise you to review relevant Canadian policy and law governing online spam prevention and electronic communications so you fully understand your rights and responsibilities. Please visit the Government of Canada website to review the Article in full. For your convenience we provide you with the direct link below. As of the updated date of this Agreement, the following link is direct to the article on the Justice Laws Website hosted by the Government of Canada: https://laws-lois.justice.gc.ca/eng/annualstatutes/2010_23/FullText.html.
Further, we have taken all steps we can to ensure that you understand that granting your permission to receive electronic communications from us is entirely optional and that you have the right to opt out at any time. The mechanisms for which we provide your option to withdraw your consent are explicit in our email communications and we provide many ways for you to withdraw your consent, including by clicking the Unsubscribe link in our electronic newsletter or by contacting us, in writing, directly via email, text or chat message. We ensure that our electronic communications submission forms, including but not limited to our newsletter, include a mandatory checkbox that you must activate that clearly states you understand that by checking the box you are granting us with your permission and consent to communicate with you electronically, and we provide an accompanying link to our policies page that is your responsibility to review prior to giving us your consent. The purpose of this is to ensure you cannot accidentally consent to electronic communications from us and that you must confirm you agree to receiving electronic communications with us because you agree to our policies and understand your rights therein. It is your responsibility to review all of our policies and make sure you understand them prior to checking our mandatory consent box and/or submitting your information to receive electronic communications from us.
All content included on this site, such as product designs, text, graphics, logos, icons, quotes, slogans, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Julia Morgan Fine Artisan Jewellery or our content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Julia Morgan Fine Artisan Jewellery, with copyright authorship for this collection by Julia Morgan Fine Artisan Jewellery, and protected by international copyright laws with all rights reserved.
Julia Morgan Fine Artisan Jewellery 's trademarks and trade dress may not be used in connection with any product or service that does not belong to Julia Morgan Fine Artisan Jewellery, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Julia Morgan Fine Artisan Jewellery. All other trademarks and electronic property not owned by Julia Morgan Fine Artisan Jewellery or our subsidiaries that appear on this site are the property of their respective owners, who have granted us permission and/or have provided their property under public domain copyright for public use and who may or may not be affiliated with, connected to, or sponsored by Julia Morgan Fine Artisan Jewellery or our subsidiaries. Any copyrighted property on our website that is in violation of the owner’s permission is entirely unintentional and we shall never use any copyrighted material to mislead or misconstrue our products, services, trademarks and if we have unknowingly infringed on any copyright we shall remove the property immediately with delay at such written request via email, contact form, text message and/or chat message.
LICENSE AND SITE ACCESS
Julia Morgan Fine Artisan Jewellery grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Julia Morgan Fine Artisan Jewellery. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Julia Morgan Fine Artisan Jewellery. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Julia Morgan Fine Artisan Jewellery and our associates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Julia Morgan Fine Artisan Jewellery 's name or trademarks without the express written consent of Julia Morgan Fine Artisan Jewellery.
Any unauthorized use terminates the permission or license granted by Julia Morgan Fine Artisan Jewellery. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Julia Morgan Fine Artisan Jewellery so long as the link does not portray Julia Morgan Fine Artisan Jewellery, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Julia Morgan Fine Artisan Jewellery logo or other proprietary graphic or trademark as part of the link without express written permission.
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 you 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 but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your account and access our products and services.
YOUR CLIENT ACCOUNT
MANDATORY CODE OF CONDUCT: When you create a client account with us, you agree that you shall follow our Code of Conduct in whole and at all times, both within your client account and outside your client account on any other part of our Site or Service with us and while making any mention or reference of Julia Morgan Fine Artisan Jewellery within and outside of our Site and Services.
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. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by unauthorized 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 credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You agree that any inaccuracies in the information you provide is not our responsibility and we will not be liable for any costs incurred directly or indirectly, including but not limited to shipping and handling, delivery fees, brokerage fees, cross-border fees, tariffs and insurance premiums.
REVIEWS, COMMENTS, FEEDBACK, EMAILS, AND OTHER SUBMISSIONS
Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringement on copyrights and intellectual property rights, or otherwise violate any rights of any third party, or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You may not use a false e-mail address, impersonate any person or entity, pretend to be anyone else but yourself only, or otherwise mislead us or any third party as to the origin of any comments, cards or other content. Julia Morgan Fine Artisan Jewellery reserves the right (but not the obligation) to remove or edit such content, but may not regularly review posted content or regularly monitor for unacceptable material as described in this policy.
If, at our request, you send certain specific submissions (for example 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, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
If you post content or submit material, and unless we indicate otherwise, you grant Julia Morgan Fine Artisan Jewellery and our associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Julia Morgan Fine Artisan Jewellery and our associates and sublicensees the right to use the name that you submit in connection with such content, if we so choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Julia Morgan Fine Artisan Jewellery and our associates for all claims resulting from content you supply. Julia Morgan Fine Artisan Jewellery has the right but not the obligation to monitor and edit or remove any activity or content without notice. Julia Morgan Fine Artisan Jewellery takes no responsibility and assumes zero liability for any content posted by you or any third party.
RISK OF LOSS
All items purchased from Julia Morgan Fine Artisan Jewellery are made pursuant to a shipment contract with a respective carrier. In essence this means that the risk of loss and title for such items pass to you upon our delivery to the carrier, regardless of carrier company and destination, and that it is your responsibility to take up any questions, concerns or issues directly with the carrier. Outside of our shipment contract with a carrier, we claim no partnership or affiliation with a carrier. We take all reasonable steps to ensure you are provided with clear notification and/or online tracking of the carrier we have contracted to deliver your shipment.
We assume zero liability for any actions taken by any carrier and it is your responsibility to contact the appropriate carrier for questions and concerns related to any activities once the carrier is in possession of your shipment. We, however, wish you to be content with your experience with us from start to finish and we will do everything in our power to ensure the carriers we use for our shipments are trustworthy and reputable. At our sole discretion on a case-by-case basis, we may choose to endeavour to ourselves rectify a loss in part or in full that is the responsibility of a carrier, in order to satisfy our standards of exceptional customer service and satisfaction that we provide at Julia Morgan Fine Artisan Jewellery.
PRODUCT DESCRIPTIONS & LIMITATIONS
Julia Morgan Fine Artisan Jewellery and our associates attempt to be as accurate as possible in our product and service descriptions and photographs. However, Julia Morgan Fine Artisan Jewellery does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. The representation of colour, shape, size and texture accuracy is described as accurately as possible. We cannot guarantee that your computer monitor's display of any colour and texture will be accurate.
Due to the nature of our materials and methods of fabrication, each and every piece will have minor variances in appearance and feel due to factors including but not limited to, natural variances that occur in stone, gemstone, crystal, metal, and other materials, and hand fabrication (which is defined in part by the absence of our use of machine manufacturing and casting). We make every effort to ensure you are provided with the best possible service and product quality and that prior to completion of your purchase you are well-informed of the potential for minor variances occurring in every product. If a product offered by Julia Morgan Fine Artisan Jewellery is not as described, your sole remedy is to return it in unused condition compliant with our Return Policy.
We reserve the right, but are not obligated, to limit the 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 the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. 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.
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 any errors, inaccuracies or omissions, and to change or update information or cancel orders if any 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 without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
ACCURACY OF INFORMATION & THIRD-PARTIES
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, necessarily, is not current and is provided for your 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.
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 and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. To the best of our knowledge, all third-party links, content and information are accurate as of the time of its publishing and we endeavour to ensure any third-party content we provide is free from viruses, spam and other potentially harmful electronic risks, however we cannot guarantee this and so we shall not be held responsible and assume absolutely no liability related to any third-party content of any kind therein.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY JULIA MORGAN FINE ARTISAN JEWELLERY ON AN "AS IS" AND "AS AVAILABLE" BASIS. JULIA MORGAN FINE ARTISAN JEWELLERY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, ACCURACY, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE, INCLUDING ANY THIRD PARTY INFORMATION OR LINKS. ANY INFORMATION AND EXTERNAL LINKS WE PROVIDE ON OUR SITE IS SOLELY FOR ENJOYMENT PURPOSES AND/OR YOUR CONVENIENCE. WE DO NOT CLAIM ANY RESPONSIBILITY FOR ACCURACY AND WE DO NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR ANY EXTERNAL LINKS, SITES, INFORMATION, OR CLAIMS. ANY CONTENT ON OUR SITE THAT IS NOT THE PROPERTY OF JULIA MORGAN FINE ARTISAN JEWELLERY IS PROVIDED BY US TO ENRICH YOUR SITE EXPERIENCE AND TO THE BEST OF OUR KNOWLEDGE SUCH CONTENT IS ACCURATE AS OF THE DATE IT IS POSTED AND ANY CONTENT PROVIDED BY US IS NOT INTENTIONALLY MISLEADING OR MISCONSTRUING. WE DO NOT CLAIM RESPONSIBILITY REGARDING CONTENT ACCURACY ON OUR SITE INCLUDING BUT NOT LIMITED TO EDUCATIONAL, FACTUAL OR HISTORICAL CONTEXT. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, JULIA MORGAN FINE ARTISAN JEWELLERY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. JULIA MORGAN FINE ARTISAN JEWELLERY DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR EMAIL SENT FROM JULIA MORGAN FINE ARTISAN JEWELLERY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. JULIA MORGAN FINE ARTISAN JEWELLERY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE AND/OR ELECTRONIC COMMUNICATIONS BY US, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN REGIONAL, STATE AND PROVINCIAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. IT IS YOUR RESPONSIBILITY TO READ AND UNDERSTAND YOUR RIGHTS AND RESPONSIBILITIES WITHIN YOUR RESPECTIVE JURISDICTION AND WE ADVISE YOU TO SEEK LEGAL ADVICE SHOULD YOU REQUIRE FURTHER CLARIFICATION. NONE OF OUR POLICY CONTENT HEREIN IS TO BE CONSTRUED AS LEGAL ADVICE IN ANY MANNER OR FORM.
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 the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
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 to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
You agree to indemnify, defend and hold harmless Julia Morgan Fine Artisan Jewellery and our parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, designers, fabricators, bench jewellers, owners and operators, or founder harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In no case shall Julia Morgan Fine Artisan Jewellery, our parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, designers, fabricators, bench jewellers, owners and operators, or founder be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some provinces, states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such provinces, states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
By visiting Julia Morgan Fine Artisan Jewellery, you agree that the laws of the province of Ontario, Canada, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that may arise between you and Julia Morgan Fine Artisan Jewellery or our associates.
Any dispute relating in any way to your visit to Julia Morgan Fine Artisan Jewellery or to products you purchase through Julia Morgan Fine Artisan Jewellery shall be submitted to confidential arbitration in Ontario, Canada except that, to the extent you have in any manner violated or threatened to violate Julia Morgan Fine Artisan Jewellery's intellectual property rights, Julia Morgan Fine Artisan Jewellery may seek injunctive or other appropriate relief of any applicable jurisdiction, in a provincial, state and/or federal court in the state of Ontario, Canada, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the Rules then prevailing of the Canadian Arbitration Association. We advise you to review the Rules provided for by the Canadian Arbitration Association and as of the update of this policy these Rules can be found at https://canadianarbitrationassociation.ca/ . The Arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, TERMINATION AND SEVERABILITY
Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to Julia Morgan Fine Artisan Jewellery. We reserve the right to make changes to our site, policies, and these Terms, Service and Conditions at any time without notice. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition or reasonable intention of conditions as determined by us. You can review the most current version of the Terms of Service at any time at this page.
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 any changes to these Terms of Service constitutes acceptance of those changes.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any 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. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are 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 when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).