These Terms & Conditions (“Terms”) govern your access to and use of the website located at www.brilliantcuts.store (the “Site”) and any services, products or content available via the Site (collectively, the “Services”). By using or accessing the Site, you agree to these Terms. If you do not agree, you must not use the Site.
1. Acceptance of Terms
1.1 You acknowledge that by placing an order on the Site or otherwise using the Site, you have read, understood and agree to be bound by these Terms and any policies referenced herein (e.g., Privacy Policy, Shipping & Returns Policy).
1.2 We reserve the right to modify, amend or update these Terms at any time; such changes will be posted on the Site and become effective when posted. Your continued use of the Site after changes constitutes your acceptance of such changes.
2. Use of the Site
2.1 Eligibility: You must be at least 18 years of age (or the age of majority in your jurisdiction) to use the Site and place orders.
2.2 Account: If you register for an account, you agree to provide true, accurate, current and complete information and to maintain and promptly update your information. You are responsible for safeguarding your password and any activity under your account.
2.3 Prohibited Use: You agree not to use the Site for any unlawful purpose or in any way that might harm us or other users or the Site’s functioning.
3. Products, Orders & Pricing
3.1 Product Descriptions: We attempt to describe products (handcrafted jewelry, fine art, etc) as accurately as possible; however, we do not warrant that descriptions or other content are error-free.
3.2 Pricing: All prices listed on the Site are in U.S. Dollars unless stated otherwise and are subject to change without notice. We reserve the right to cancel or refuse any order for reasons including, but not limited to: product availability, error in description or price.
3.3 Order Acceptance: Your receipt of an order confirmation (via email) does not constitute acceptance of your order. We reserve the right to refuse or cancel an order before shipment.
4. Payment
4.1 We accept the payment methods displayed on the Site. You represent and warrant that you are authorized to use the payment method you provide.
4.2 Security: We employ commercially reasonable measures to protect your payment information, but we cannot guarantee absolute security.
5. Shipment, Delivery & Risk of Loss
5.1 Shipment: We will ship products to the address you provide. Delivery dates are estimates only and we are not liable for delays.
5.2 Risk of Loss: For physical goods, risk and title pass to you when we deliver the product to the shipping carrier.
5.3 Customs, Duties & Taxes: If you order from outside the U.S., you are responsible for all customs duties, taxes or other charges.
6. Returns, Refunds & Exchanges
6.1 As described in our separate “Returns & Refunds Policy” (link/section on Site), you may return or exchange products only under the terms specified therein.
6.2 We reserve the right to refuse returns that do not comply with our policy (e.g., items not in original condition, beyond allowed return period).
7. Intellectual Property
7.1 All content on the Site (including text, graphics, images, product designs) is owned or licensed by us and protected by copyright, trademark and other laws.
7.2 You may use the Site for your personal, non-commercial use. You must not copy, modify, distribute or create derivative works without our prior written consent.
8. Limitation of Liability & Disclaimers
8.1 Disclaimer: The Site and Services are provided “as is” and “as available” without any warranties, express or implied. We disclaim all warranties to the maximum extent permitted by law.
8.2 Limitation of Liability: To the fullest extent allowed by law, we (and our officers, directors, employees, etc) will not be liable for any indirect, incidental, special, consequential or punitive damages arising out of your use of the Site or purchase of products. Our total liability for any claim arising out of any product or your use of the Site is limited to the amount you paid for that product (or $0 if none).
8.3 Some jurisdictions do not allow exclusion or limitation of certain warranties or liabilities; in such jurisdictions the above may not fully apply.
9. Indemnification
You agree to defend, indemnify and hold harmless us, our affiliates and our respective officers, directors, employees from any claims, liabilities, damages, losses or costs arising out of your breach of these Terms or your use of the Site.
10. Governing Law & Dispute Resolution
10.1 These Terms and any disputes arising out of them will be governed by the laws of the Commonwealth of Pennsylvania without regard to its conflict of laws rules.
10.2 You agree that any action to enforce these Terms must be brought in the state or federal courts located in Philadelphia County, Pennsylvania.
10.3 Before initiating formal legal action, you agree to attempt to resolve the dispute informally for at least 30 days.
11. Severability
If any provision of these Terms is held invalid or unenforceable, the remaining provisions will continue in full force and effect.
12. Entire Agreement
These Terms, together with any referenced policies (e.g., Privacy Policy, Shipping & Returns Policy), constitute the entire agreement between you and us regarding your use of the Site and supersede all prior or contemporaneous communications and proposals.
13. Waiver
The failure of us to enforce any right or provision in these Terms will not constitute a waiver of such right or provision.