Terms and Conditions
These Terms and Conditions apply to the Jewelry Design House by Jivan website located at https://jewelrydesignhouse.com (the “Site”). In some instances, a particular Jewelry Design House by Jivan product purchased through the Site may be subject to additional policies, guidelines, terms, and/or agreements ("Terms"). If such Terms are inconsistent with these Terms and Conditions ("Conditions"), the Terms shall govern.
BY VISITING AND/OR USING THIS SITE IN ANY WAY, SUCH AS BROWSING PRODUCTS OR PLACING AN ORDER, YOU AGREE TO THESE TERMS AND CONDITIONS.
Please read these Conditions carefully. If you do not wish to be bound by these Conditions, do not access or use the Jewelry Design House by Jivan Site.
Use of the Site
You are granted a personal, limited, non-sublicensable license to access and use the Site and electronically copy (except where prohibited without a license) and print to hard copy portions of the Site Materials for your informational, non-commercial and personal use only. Such license is subject to these Conditions and does not include: (a) any resale or commercial use of our Site or the Site materials therein; (b) the collection and use of any product listings, pictures or descriptions for commercial purposes; (c) the distribution, public performance or public display of any Site materials, (d) modifying or otherwise making any derivative uses of our Site and the Site materials, or any portion thereof; (e) use of any automated means to access, monitor or interact with any portion of our Site, including through data mining, robots, spiders, scraping, or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of our Site, the Site materials or any information contained therein, except as expressly permitted on our Site; (g) cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisement, or anything else which minimises, covers, or frames or inhibits the full display of our Site; (h) use our website in any way which interferes with the normal operation of our Site; or (i) any use of our Site or the Site materials other than for its intended purpose. Any use of our Site or the Site Materials other than as specifically authorized herein, without the prior written permission of Jewelry Design House by Jivan, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Conditions shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time.
Information on Our Site
Jewelry Design House by Jivan is committed to providing current and accurate information on our website, email, chat, and telephone communications. We do not, however, warrant that this information is always correct, accurate or complete. In rare circumstances, data, including prices, may be inaccurately displayed on our Site due to system and typographical errors which may occur. Inadvertent errors or inaccurate advertised prices are not binding on Jewelry Design House by Jivan and may be adjusted by us at any time. Jewelry Design House by Jivan reserves the right to correct any and all errors when they do occur. If an order is placed with a lower product’s listed price than the actual price, Jewelry Design House by Jivan will, at its discretion, either advise the customer before shipping the product or cancel the order and notify the customer of such cancellation. Jewelry Design House by Jivan apologizes for any inconvenience that this may cause.
Information that we communicate is not a binding contract and should not be treated as such. The sole remedy of a customer acting on incorrect information is to request a cancellation of the order placed as a result of this incorrect information. If an order has been shipped, the customer agrees to either return the product for full credit or pay the difference between the actual and charged prices. Please review our Return Policy.
Products may appear on the Jewelry Design House by Jivan website larger or smaller than their actual size. Given the variation in computer monitor settings, colour and size may vary slightly when viewing product photography. In compliance with industry standards and regulations, carat total weight may vary by 0.05 carats from the stated weight. For gemstone measurements, a tolerance of 0.25 mm is allowed. For diamond jewellery set with multiple diamonds, we provide the minimum total carat weight for the piece. Colour and clarity grades are expressed as either a minimum or an average depending on the number of diamonds. If stated as a minimum, all diamonds within the piece are at or above the stated quality. If expressed as an average, collectively the quality is equal to or exceeds the grade stated.
Jewelry Design House by Jivan retains the full unrestricted rights to all jewelry designs, whether custom or standard and may choose to market or sell jewelry based on such designs.
Jewelry Design House by Jivan product details and prices are subject to change without notice.
Your Account and Order
When you access or use the Jewelry Design House by Jivan website or your personalized Jewelry Design House by Jivan account, you are solely responsible for maintaining the confidentiality of your account and for restricting access to your computer. You are further responsible for all activities that occur under your personal account and your password. If you are under the age of 18 years old, you may use our Site only under the guidance and direction of a parent or guardian. Please note that Jewelry Design House by Jivan reserves the right, in its sole discretion, to refuse service, terminate accounts, remove or edit content or cancel orders.
In the case where a customer files a chargeback, Jewelry Design House by Jivan has the right to recover its direct and indirect costs and cancel any promotional items, free shipping, or other benefits, as determined in our sole and absolute discretion.
Passage of Title
Title for goods purchased passes from Jewelry Design House by Jivan to the purchaser’s designee at the time that goods are delivered to the designee.
Order Approval and Cancellation
The receipt of an order confirmation message from Jewelry Design House by Jivan only confirms that your order request has been received. Customer orders are not accepted by Jewelry Design House by Jivan until the time they have been processed and approved at our office. Jewelry Design House by Jivan is not obligated to complete a customer order and reserves the right to cancel products or services to any customer for any reason at any time. The customer's sole remedy in such cases will be the full refund of any funds that we have collected in reference to the cancelled products and/or services.
Content
The Site and all content and other materials, including, without limitation, text, icons, graphics, logos, images, videos, designs, pictures, selection, coordination, "look and feel", information, data, sound files, and other files and software are the proprietary property of Jewelry Design House by Jivan, its licensors or users and is protected by Canadian and international trade dress, copyright laws, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Copyright in the material on the Jewelry Design House by Jivan Site is owned by or licensed to Jewelry Design House by Jivan. You are authorized to use this material only for personal, non-commercial purposes. You may download, print, and store copies of this material for your own personal, non-commercial use. Nothing contained on the Jewelry Design House by Jivan Site should be construed as granting, by implication or otherwise, any license or right to use any trademark or service mark displayed on the Jewelry Design House by Jivan Site without the written permission of Jewelry Design House by Jivan or any third party that may own such trademarks or service marks.
Trademarks
Jivan Collection, Jewelry Design House by Jivan, the Jewelry Design House by Jivan logos, and any other product or service name or slogan contained in our Site are trademarks of Jewelry Design House by Jivan and/or its licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of Jewelry Design House by Jivan or the applicable trademark holder. You may not use any meta tags or any other "hidden text" utilizing "Jewelry Design House by Jivan" or any other name, trademark or product or service name of Jewelry Design House by Jivan without our prior written permission. All other trademarks, registered trademarks, product names, and Jewelry Design House by Jivan names or logos mentioned on our Site are the property of their respective owners.
Feedback and Submissions
You acknowledge and agree that any feedback or submissions, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding this website, Jewelry Design House by Jivan, or the Jewelry Design House by Jivan products or services that are provided by you to Jewelry Design House by Jivan in any form are not confidential and upon submission, shall become the sole property of Jewelry Design House by Jivan. Jewelry Design House by Jivan shall own exclusive rights, including all intellectual property rights to said feedback and submissions and shall be entitled to the unrestricted use and dissemination of the feedback and submissions for any purpose, commercial or otherwise, without acknowledgement or compensation to you. You represent and warrant that (a) you own and control all of the rights to the content that you submit, or that you otherwise have the right to submit such content to this Site; (b) the content is accurate and not misleading, and (c) use and posting of the content you supply will not and does not violate any rights of or cause injury to any person or entity.
Social Media User Content
At times, Jewelry Design House by Jivan may reach out to social media users to seek permission to feature our favourite content on our Site, social channels, or in promotional materials. Jewelry Design House by Jivan may request permission from you to use your social media User Content consisting of photos, text, graphics, audio, video, comments and other materials from social media sites in connection with Jewelry Design House by Jivan's business, product features, marketing, promotional, advertising and other consumer-related activities.
When you respond to a request for permission to use your social media User Content, you are granting Jewelry Design House by Jivan a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sublicensable right to use your social media User Content in any manner to be determined in our sole discretion, including but not limited to on webpages and social media pages, in promotional emails and advertisements, and any and all other marketing, promotional and advertising initiatives, and any media now or hereafter known. We may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your social media User Content in any manner in our sole discretion, with no obligation to you whatsoever.
You are also granting us the right to use your username, real name, image, likeness, descriptions of you, location or other identifying information, including but not limited to your voice, in connection with any use of your social media User Content.
You are also agreeing, representing and warranting that (i) you are solely responsible for your social media User Content, (ii) you own all rights in and to your social media User Content and/or have obtained appropriate rights and permissions from any and all other persons and/or entities who own, manage or otherwise claim any rights with respect to such social medial User Content, (iii) you are not a minor, (iv) our use of your social media User Content as described herein will not violate the rights, including but not limited to copyright, trademark, patent, trade secret, privacy, publicity, moral, proprietary or other rights, of any third party, or any law, rule or regulation, and (v) the social media User Content is not libellous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful.
Jewelry Design House by Jivan reserves the right to remove any social media User Content from the Site. If you believe any content, including social media User Content, residing on the Site infringes any person’s or entity’s copyright, please contact us as outlined in the section entitled “Contact Us” below.
Product Reviews and User Content
Jewelry Design House by Jivan's website and social media accounts include or may include in the future a product review feature, discussion forums, user-generated content, or other areas or services in which you or a third party has the opportunity to create, post, or store content, messages, materials or other items on our website or social media accounts (“Interactive Areas”). You shall be solely responsible for your use of such Interactive Areas. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through our website any of the following: (a) Any message, data, information, text, music, sound, photos, videos, graphics, code or other material (“User Content”) that is or would reasonably be considered to be unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable; (b) User Content that would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law, statute or regulation, including, but not limited to, the regulations of Canada; (c) User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; (d) User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; (e) Unsolicited promotions, political campaigning, advertising or solicitations; (f) Private information of any third party, including, without limitation, addresses, phone numbers, email addresses and credit card numbers; (g) Viruses, corrupted data or other harmful, disruptive or destructive files and (h) User Content that, in the sole judgment of Jewelry Design House by Jivan, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or our website, or which may expose Jewelry Design House by Jivan or its users to any harm or liability of any type.
If you post User Content to our website, email User Content to Jewelry Design House by Jivan, and/or provide Jewelry Design House by Jivan permission to use, repost, or otherwise share User Content you have created or shared on social media, you grant Jewelry Design House by Jivan a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You further grant Jewelry Design House by Jivan and sublicensees the right to use the name you submit in connection with such content if they choose to do so. You represent and warrant that (a) you own and control all of the rights to the User Content or you otherwise have the right to such User Content; (b) the User Content is accurate and not misleading, and (c) use and posting of the User Content you supply does not violate these Terms and Conditions and will not violate any rights of or cause injury to any person or entity.
Jewelry Design House by Jivan disclaims any responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor shall Jewelry Design House by Jivan be liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter as a result of said User Content posted. Your use of the Jewelry Design House by Jivan Interactive Areas is at your own risk. Jewelry Design House by Jivan is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. Additionally, Jewelry Design House by Jivan reserves the right and has absolute discretion to remove, screen or edit any User Content posted or stored on our website at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on our website at your sole cost and expense.
Any use of the Interactive Areas or other portions of the Jewelry Design House by Jivan website in violation of the foregoing paragraph violates these Terms and Conditions and may result in termination or suspension of your rights to use the Interactive Areas and/or our website.
Disclaimer of Warranties
Jewelry Design House by Jivan makes no representations or warranties of any kind, whether express or implied, as to the operation of this Site or the information, content, materials or products included on it. You expressly agree that your use of this Site is at your sole risk, by your own free will, and that you are solely responsible for any consequences arising from this use. Without limiting the foregoing, Jewelry Design House by Jivan disclaims all warranties, whether expressed or implied, including, but not limited to, implied warranties of merchantability and/or fitness for a particular purpose, title, and non-infringement as to the information, content, and materials on the Site. Jewelry Design House by Jivan does not warrant that this Site, its servers, or its electronic communication are accurate, reliable, complete, current or free of viruses or other harmful components.
Limitation of Liability
In no event shall Jewelry Design House by Jivan, its directors, members, employees, agents or any other party involved in creating, producing, or delivering the Jewelry Design House by Jivan products be liable to you or any third party for damages of any kind arising from the use of this Site, including, but not limited to direct, indirect, incidental, special, punitive and consequential damages or other damages of any kind, including but not limited to loss of use, loss of profits, or loss of data, whether in contract, tort, or otherwise, including negligence, arising out of or in any way connected with or resulting from the use of our Site, the Products, the Services or the Content contained in or accessed through the Jewelry Design House by Jivan Site, or that results from the reliance by user on any information obtained from Jewelry Design House by Jivan, including any mistakes, omissions, interruptions, deletion of files or emails, errors, defects, viruses, delays in operation or transmission or any failure of performance of the Jewelry Design House by Jivan Site, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorised access to Jewelry Design House by Jivan's programs or services, even if Jewelry Design House by Jivan is expressly advised of the possibility of such damages, or even if the loss, damage or expense was caused by Jewelry Design House by Jivan, its directors, members, employees or agents. In no event shall Jewelry Design House by Jivan's liability be greater than the price you paid for the product or service that is the basis for the claim.
Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. It is your responsibility to check local laws for any restrictions or limitations regarding the exclusions of implied warranties.
Indemnification
You agree to defend, indemnify, and hold harmless Jewelry Design House by Jivan, its independent contractors, service providers and consultants, and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, expenses and costs (including without limitation reasonable attorneys' fees and court costs), arising out of or relating to your breach of these Conditions or your access to or use of the Jewelry Design House by Jivan Site or inability to use the Site, including without limitation any actual or threatened suit, demand or claim made against Jewelry Design House by Jivan and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the Content, your conduct, your violation of these Terms and Conditions or your violation of the rights of any third party.
Links to Other Sites and Services
Links to other Internet sites and services operated by third parties do not constitute sponsorship, endorsement, or approval by Jewelry Design House by Jivan of the content, policies, or practices of such linked sites or services. Jewelry Design House by Jivan is not responsible for the availability, content, security, policies, or practices of linked sites or services, including, without limitation, the accuracy of the content on linked sites or services and the privacy policies and practices of linked sites and services.
Termination
Notwithstanding any of these Conditions, Jewelry Design House by Jivan reserves the right, without notice and in its sole discretion, to terminate your license to use the Site and to block or prevent your future access to and use of the Site.
Miscellaneous
These Conditions contain the entire understanding of you and Jewelry Design House by Jivan with respect to the subject matter hereof and supersede all prior agreements and understandings between you and Jewelry Design House by Jivan with respect to the subject matter hereof. The failure of Jewelry Design House by Jivan at any time to enforce any of the provisions of these Conditions will not be deemed or construed to be a waiver of any such provisions or in any way to affect the right of Jewelry Design House by Jivan to thereafter enforce each and every provision of these Conditions. No waiver by Jewelry Design House by Jivan of any breach of any provision of these Conditions will be construed or deemed to be a waiver of any other subsequent breach. If any provision of these Conditions is declared invalid or otherwise determined to be unenforceable for any reason, such provision will be deemed to be severable from the remaining provisions of these Conditions, which will otherwise remain in full force and effect. Provisions concerning your rights and obligations which by the content of the provision operate after termination or are necessary to enforce any right will survive any termination or expiration of these Conditions.
Arbitration
These Conditions and your use of this Site shall be governed by and construed in accordance with the laws of Canada without resort to its conflict of law provisions. You agree that any action at law or in equity or any dispute, claim or controversy arising out of or relating to these Conditions or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site or purchases from the Site thereof, (collectively “Claims”) shall be resolved by binding arbitration, as described below, instead of in court, except that each party retains the right to bring an individual action in small claims court. You further agree that arbitration must be on an individual basis and that you are hereby waiving your right to join or consolidate Claims in arbitration or arbitrate any claims as a representative or member of a purported class. You acknowledge and agree that you are waiving the right to a trial by jury. This arbitration provision shall survive the termination of these Conditions, as well as any other contractual agreement that you have with the Company.
Changes to the Terms and Conditions
Jewelry Design House by Jivan may, at its sole discretion, revise or add new terms to these Conditions from time to time without notice to you. Such revisions and additions shall be deemed effective immediately upon notice, which Jewelry Design House by Jivan may give by any means, including, without limitation, by posting the revised Conditions on the Jewelry Design House by Jivan Site. You are responsible for reviewing the Jewelry Design House by Jivan Site for any modifications to these Conditions that may affect your rights or obligations. Any change or modification will be effective immediately upon posting the revisions on the Site. Any access or use by you of the Jewelry Design House by Jivan Site after changes to these Conditions will constitute your acceptance of the revised terms. If you do not agree to the amended terms, you must stop using the Site.
Contact Us
If you have questions about these Terms and Conditions or the information practices, please contact us as follows:
- Email: info@jivancollection.com
- Mail: Jewelry Design House by Jivan, 1255 Philips Square Suite #303, Montreal, Quebec, H3B 3 G1.
Effective Date: September 1, 2023