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This version in effect since July 2, 2010.
Welcome to Bijoux Majesty. Please read this agreement carefully as it governs your use of the Bijoux Majesty website. It exempts company and other persons from liability, or limits their liability, and contains other important provisions that you should read.
This Agreement contains the following provisions:
1. Your Acceptance of this Agreement
2. Permission to Use the Website
3. Changes to this Agreement
4. Ownership and Permitted Use of the Website
5. Misprints and Errors, Product Availability and Prices
6. Trademark Information
7. No Linking, Framing, Mirroring, Scraping, Data-Mining or Postings
8. Login Names and Passwords
9. Software Agreements
11. Unsolicited Submissions
12. Your Information
13. Disclaimers, Liability Exclusions/Limitations and Indemnity
14. Personal Information Privacy
15. Other Sites/Resources
17. Governing Law and Dispute Resolution
18. OTHER MATTERS
This is an Agreement between you, and all persons you represent (and for purposes of this Agreement, "person" includes natural persons and any type of incorporated or unincorporated entity), and Bijoux Majesty regarding your access to and use of the Bijoux Majesty website and all content, information, products and services available on or through the website (collectively, the "Website"). This Agreement also provides benefits to Bijoux Majesty affiliates, service providers, suppliers and other persons.
Each time you use the Website you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent, to be bound by this Agreement as it then reads, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent. If you do not agree with each provision of this Agreement or you are not authorized to agree to and accept this Agreement on behalf of the person you purport to represent, you may not access or use the Website. The Website is for convenience and informational purposes only and is not intended to convey advice, recommendations.
This Agreement is in addition to any other agreement you may have with Bijoux Majesty, including a transaction agreement.
User access to and use of this Website is subject to all applicable international, federal and local laws and regulations. By accessing the Website, users agree not to use the Website for any purpose that is unlawful or prohibited by this Agreement.
Bijoux Majesty reserves the right to request proof of identification and age.
Bijoux Majesty may, in its sole discretion, change this Agreement from time to time, as it relates to future use of the Website, by posting a revised Agreement on the Website. By using the Website after this revised Agreement has been posted, you signify your acceptance and agreement to be bound by the revised Agreement. You may not change this Agreement in any manner.
The Website (including all content, page headers, custom graphics, button icons, scripts and the presentation, arrangement, coordination, enhancement and selection of such and other information in text, graphical, video and audio forms, images, icons, software, designs, applications, data and other elements available on or through the Website) is the property of Bijoux Majesty and others, and is protected by Canadian and international copyright, trademark and other laws. Your use of the Website does not transfer to you any ownership or other rights in the Website or its content. The Website is made available to you for your lawful, personal use only. You may use the Website only in the manner described expressly in this Agreement and subject to all applicable laws. Using the Website for any other purpose or in any other manner is strictly prohibited.
You may print Website pages provided that you do not modify any of the pages and that you do not remove or alter any visible or non-visible identification, marks, notices or disclaimers. The Website and its content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of Bijoux Majesty.
Bijoux Majesty endeavors to provide current and accurate information on the Website. However, misprints, errors, inaccuracies, omissions (including incorrect specifications for products) or other errors may sometimes occur. Bijoux Majesty cannot guarantee that products and services advertised on the Website will be available when ordered or thereafter. Bijoux Majesty does not warrant that the content of the Website including, without limitation, product descriptions or photographs, is accurate or complete.
Bijoux Majesty reserves the right to: (a) correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person; (b) change at any time the products and services advertised or made available for sale on the Website, the prices, fees, charges and specifications of such products and services, any promotional offers and any other Website content without any notice or liability to you or any other person; (c) reject, correct, cancel or terminate any order, including accepted orders for any reason and (d) limit quantities available for sale or sold.
The advertisements on the Website are invitations for you to make offers to purchase products and services on the Website and are not offers to sell. All prices and other amounts appearing on the Website are quoted in US dollars (USD).
BIJOUX MAJESTY is constantly trying to update the site in order to maintain its accuracy. Some products may appear larger or smaller than their actual size in our photographs so that you can view our products in greater detail. Colour and size may vary slightly due to discrepancies in individual computer monitor settings. Our objective is to provide you with as much information and detail about your prospective purchase as possible so that you can see the beauty and shape of a particular item.
In compliance with industry standards, BIJOUX MAJESTY states that total carat weight in all purchases may vary very slightly (up to 0.05 carats) from the stated carat weight. Measurements of our products are based on our manufacturing specifications. Discrepancies may be caused by finishing during the manufacturing process.
Bijoux Majesty, Bijoux Majesty À LA MAISON / Bijoux Majesty AT HOME, Bijoux Majesty LTD., THE Bijoux Majesty, Bijoux Majesty & DESIGN TM, Bijoux Majesty EXPRESS, the Bijoux Majesty.COM logo and other names and logos appearing on or in connection with Website (the "Marks") are registered or unregistered trademarks, service marks, trade names and logos owned or licensed by Bijoux Majesty or their respective owners or licensees.
Any use of the Marks, except as expressly provided in this Agreement, is strictly prohibited. Nothing appearing on the Website or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Marks.
All designs copyrighted by Bijoux Majesty.
Links to the Website without the express written permission of Bijoux Majesty are strictly prohibited. To request permission to link to the Website, please send an email to firstname.lastname@example.org. Bijoux Majesty may, in its discretion, cancel and revoke any permission it may give to link to the Website at any time and without any notice or liability. The framing, mirroring, scraping or data-mining of the Website or any of its content in any form and by any means is strictly prohibited. You may not use any collaborative browsing or display technologies in connection with your use of the Website or to post comments, communications or any other data of any kind to or on the Website with the intention that such postings may be viewed by other users of the Website.
Certain areas and features of the Website are accessible only to users who have been issued a login name and password (collectively "Codes") by Bijoux Majesty. For the purposes of accessing the Website, the Codes remain the property of Bijoux Majesty and may be cancelled or suspended at any time by Bijoux Majesty, in its discretion, without any notice or liability to you or any other person.
Bijoux Majesty is not under any obligation to verify the actual identity or authority of any person using Codes to access and use the Website. Bijoux Majesty may act upon any communication that is given with the use of Codes. Bijoux Majesty may, in its discretion, at any time, require proof of the identity of any person seeking to access and use the Website, and may deny access to and use of the Website or parts of it or refuse to accept or act upon any communication if Bijoux Majesty is not satisfied with such proof.
If you have been issued Codes: (a) you are fully responsible and liable for the security of the Codes and any and all use and misuse of the Codes; (b) you will keep the Codes secure and confidential at all times and not disclose the Codes to any other person or permit any other person to use the Codes; (c) you will ensure that all uses of the Codes comply with this Agreement; (d) once you have logged-on to the Website using the Codes, you will not leave the computer terminal used to access the Website unless and until you have terminated the session and logged-off the Website; and (e) you will immediately notify Bijoux Majesty by telephone at 1-855-FINE-ICE, or by email at email@example.com if you know or suspect that any Codes have been lost or stolen or become known to or used by any other person.
Bijoux Majesty may cause software to be available for you to download from the Website or through other Websites and Internet resources. The software is protected by copyright, and your downloading and use of the software is governed by the applicable transaction agreement and the Software Licence Agreement specific to the software. By downloading software, you signify your agreement and acceptance of the applicable transaction agreement and Software License Agreement.
From time to time Bijoux Majesty may make contests available to users of the Website and others. All contests are governed by this Agreement and the applicable Contest Rules. By participating in a contest through the Website, you signify your agreement and acceptance of this Agreement and the applicable Contest Rules.
In order to avoid potential misunderstandings or disputes, Bijoux Majesty does not accept or consider unsolicited ideas or suggestions ("Submissions"). If you send Submissions to Bijoux Majesty or the Website, you automatically grant (or warrant that the owner of the Submissions grants) to Bijoux Majesty and its successors, assigns and licensees a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use and exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing any attribution or compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of Bijoux Majesty or its successors, assigns and licensees, and you agree, represent and warrant that all moral rights in the Submissions are waived in favor of Bijoux Majesty and its successors, assigns and licensees.
All information you provide through the Website, including registration information (name and email address), payment information (credit card numbers and expiration dates) and transaction-related information must be true, accurate, current and complete. Bijoux Majesty will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage and additional costs that you, Bijoux Majesty or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information within 30 days of any change.
Your access to and use of the Website is at your own risk. The Website is provided on an “as is” basis, without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation implied representations, warranties or conditions of or relating to accuracy, accessibility, fitness for a particular purpose, merchantability, performance or durability, all of which are disclaimed by Bijoux Majesty to the fullest extent permitted by law.
Bijoux Majesty and its providers will never be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with or relating to the Website or this Agreement, including but not limited to loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other faults or wrongdoing (including without limitation gross negligence and fundamental breach) by Bijoux Majesty, or any person for whom Bijoux Majesty is responsible, and even if Bijoux Majesty has been advised of the possibility of such loss or damage being incurred.
The exclusion of certain warranties and the limitation of certain liabilities are prohibited in some jurisdictions. These statutory prohibitions may apply to you.
For your convenience, the Website may include links or references to other Internet sites or resources and businesses operated by other persons (collectively "Other Sites"). Other Sites are independent from Bijoux Majesty, and Bijoux Majesty has no responsibility or liability for or control over Other Sites, their business, goods, services or content. Bijoux Majesty does not sponsor or endorse Other Sites or their business, goods, services or content unless expressly indicated in writing. Your use of Other Sites and your dealings with their owners or operators is at your own risk, and you will not make any claim against Bijoux Majesty arising from, connected with or relating to your use of Other Sites or your dealings with the owners or operators of Other Sites. As between you and Bijoux Majesty, this Agreement, with all necessary modifications, applies to your access and use of any Other Sites and their business, goods, services and content.
Notwithstanding any other provision of this Agreement, Bijoux Majesty may in its discretion change, discontinue, modify, restrict, suspend or terminate the Website or any part of it without any notice or liability to you or any other person. Bijoux Majesty may in its discretion and for its convenience, at any time, immediately terminate, temporarily or permanently, this Agreement or your permission to access and use the Website without any notice or liability to you or any other person.
If this Agreement or your permission to access or use all or any part of the Website is terminated for any reason, then this Agreement and all other then existing agreements between you and Bijoux Majesty will continue to apply and be binding upon you regarding your prior access to and use of the Website, and anything connected with, relating to or arising therefrom.
This Agreement, your access to and use of the Website, and all related matters are governed solely by the laws of Quebec and the applicable federal laws of Canada. Any dispute between you and Bijoux Majesty or any other person arising from, connected with or relating to the Website, this Agreement or any related matters (collectively "Disputes") will be resolved before the Courts of Quebec, sitting in the City of Montreal. You hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all Disputes.
If any provision of this Agreement is held to be invalid or unenforceable for any reason, then the provision will be deemed to be severed from this Agreement and the remaining provisions will continue in full force and effect. This Agreement inures to the benefit of and is binding upon each of Bijoux Majesty and its successors, assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns and personal representatives. You may not assign this Agreement or the rights and obligations under this Agreement. Bijoux Majesty may assign this Agreement and its rights and obligations under this Agreement without your consent. No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under this Agreement will be: (a) deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party; or (b) effective unless in writing and signed by all parties.
If any provision or clause within these Terms & Conditions is deemed void or unenforceable, then that provision or clause shall act alone and be deemed severable from these Terms & Conditions and thus shall not affect the validity or enforceability of remaining content of these Terms & Conditions. Any rights not expressly granted by this Agreement are reserved to Bijoux Majesty.
You may contact Bijoux Majesty by telephone or e-mail: 1-855-346-3423 firstname.lastname@example.org