LEGAL TERMS AND CONDITIONS

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.

1. Introduction. These Terms and Conditions ("Terms") govern the use of the https://www.jeveva.com site ("Website"). USING THIS WEBSITE, YOU AGREE TO, AND ACCEPT THESE TERMS, PRIVACY POLICY AND ANY OTHER RELEVANT POLICIES, AND NOTICES WHICH APPLY TO THE WEBSITE OR A SPECIFIC SECTION OR MODULE OF THE WEBSITE IN FULL. If you do not agree with the Terms presented herein or any part of them, please do not access or otherwise use this Website or any information contained on this Website. These Terms are subject to change without prior notice.

2. Interpretation. All references to "we" and "us" within these Terms refers to the operations of Jeveva and its affiliates, while "you" and "user" refers to the person(s) accessing this Website and accepting the Jeveva's Terms. The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

3. Privacy Policy. The Privacy Policy for this Website is incorporated into these Terms by reference as if set forth fully herein. You agree that the terms of such policy are reasonable and you consent to the collection, use and disclosure of your personal information by us and/or third parties in accordance with the terms of and for the purposes set forth in our Privacy Policy. In the event of any conflict between these Terms and the Privacy Policy, the provisions of the Privacy Policy shall control.

4. Copyrights & Trademarks. The entire content of this Website, including but not limited to text, copy, graphics or images, are protected as a collective work under the copyright laws of Canada and other countries, and is the property of Jeveva. The collective work includes works that are licensed to Jeveva. Copyright 2015, Jeveva. All Rights Reserved. Permission is granted to produce digital and/or physical copies of the content of this Website for your own non-commercial use, or to place an order with Jeveva or to purchase Jeveva products, subject to the restrictions set out below and elsewhere in these Terms. You must not: (a) republish material from this Website (including republication on another Website) without our consent; (b) sell, rent or sub-license material from the Website; (c) show any material from the Website in public without our consent; (d) reproduce, duplicate, copy, or otherwise exploit material on this Website for any commercial purpose; (e) edit or otherwise modify any material on the Website; (f) redistribute material from this Website without our consent, except for content specifically and expressly made available for redistribution; or (g) obscure, change or delete any copyright and other proprietary notices from Website materials placed by us. Jeveva is a trademark of FORTA Holdings Inc. All other trademarks not owned by us that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

5. Product's Photos. Although we make every effort to reproduce product colors on the photos as accurately as possible, the colors on your monitor and printouts may vary slightly and may not precisely match actual colors of the product. We cannot guarantee accuracy of colors in these cases on account of specifics of the involved equipment's color calibration. The photos on our Website do not represent actual dimensions of the product. Some photos have been scaled-up to represent product details or have been scaled-down to depict the entire article. All photos are for illustrative purposes only and are intended to show the main features of a product. We advise you to refer to the product description.

6. Typographical Errors. We do our utmost to ensure that all information on our Website and our prices are accurate. However, typographical, illustrative or pricing errors may occasionally occur. We reserve the right to correct any errors at any time. We reserve the right to refuse or cancel any orders placed for the product listed at the incorrect price whether or not the order has been confirmed and your credit card charged. We will advise you of any errors prior to processing your order. If you are not willing to accept changes on these errors we will cancel your order. In such event, we shall issue a credit to your credit card account in the amount of the charge, if your credit card has already been charged for the purchase. We apologize for any inconvenience this may cause.

7. Acceptable Use. This Website and its contents are provided solely for personal, non-commercial use and for no other purpose. Any unauthorized use terminates the permission or authorization granted by Jeveva to use this Website. You agree to comply with all applicable laws, statutes and regulations regarding use of the services, including in regard to the purchasing of items. You agree that you must not: (a) use this Website in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity; (b) use this Website in any way that causes, or may cause, damage to the Website or impairment in the availability or accessibility of the Website; (c) register or make any purchases under a false name, use an invalid or unauthorized credit card, impersonate any person, or use another person's password(s). Such fraudulent conduct is a violation of federal and provincial laws. Fraudulent conduct may be reported to law enforcement, and Jeveva will cooperate to ensure that violators are prosecuted to the fullest extent of the law; (d) use this Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or any other malicious computer software; (e) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Website without our express written consent; (f) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except as otherwise provided herein); (g) bypass any other measures we may use to prevent or restrict access to the Website.

8. External Links. Our Website may have links to the sites owned or operated by other entities which are not associated or affiliated with us. Such links do not constitute an endorsement of that site or the products or services contained therein. These links are provided solely for your convenience and you access them at your own risk. We shall not be responsible for the content of any other linked sites and make no representation or warranty whatsoever regarding any other sites, the contents on such sites, information contained therein or of their security or privacy practices.

9. Your Account. Access to certain areas of this Website is restricted. We reserve the right to restrict access to some areas of this Website, or indeed this entire Website, at our discretion. You will need to create an account with us to use most of our features and services, and to make purchases. Your website account may be accessed only by use of your login e-mail and password. For security reasons, you must ensure that your login e-mail and password are kept confidential and you must not disclose them to any person or permit any other person to use them. You must change your password on a regular basis and log out at the end of each session. By creating an account with us, you agree: (a) that you are of the age of majority in your jurisdiction. If you are not of the age of majority, you may use this Website only under the supervision of a parent or legal guardian who agrees to be bound by these Terms; (b) to accept sole responsibility and liability for any use and misuse of your login e-mail and password, and for all activities that occur under your account on this Website. If you are a parent or legal guardian agreeing to these Terms for the benefit of an individual under the age of majority, be advised that you are fully responsible for his or her use of this Website, including all financial charges and legal liability that he or she may incur; (c) to abide at all times with the Terms; (d) to provide true, accurate, current and complete personal information and keep this information up-to-date. We cannot be held responsible if we are unable to communicate with you because you have not kept your personal information up-to-date. All login data remain the property of Jeveva, and may be cancelled or suspended at any time by Jeveva without any notice or liability to you or any other person. Jeveva are not under any obligation to verify the actual identity or authority of the user of any login e-mail or password. You must immediately notify us of any unauthorized use of your account, or if you know or suspect that your login e-mail or password has been lost or stolen, has become known to any other person, or has been otherwise compromised. We may deliver notice to you by means of e-mail, a general notice on the Website, or by any other reliable method to the address you have provided to us.

10. Disclaimer. THIS WEBSITE IS PROVIDED "AS IS" AND WE MAKE NO ANY EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT), IN RELATION TO THIS WEBSITE OR THE INFORMATION AND MATERIALS PROVIDED ON THIS WEBSITE. WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING PARAGRAPH, WE DO NOT WARRANT AND DO NOT REPRESENT THAT: THIS WEBSITE WILL BE CONSTANTLY AVAILABLE, OR AVAILABLE AT ALL, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OPERATE WITHOUT ERROR; THAT THE SERVER THAT MAKES IT AVAILABLE, NOR THE CONTENT ITSELF IS AND/OR WILL BE FREE OF VIRUSES, BUGS, OR OTHER MALICIOUS COMPONENTS; OR THE INFORMATION ON THIS WEBSITE IS COMPLETE, TRUE, ACCURATE OR NON-MISLEADING. WE ARE NOT RESPONSIBLE FOR LATE, LOST, MISDIRECTED, STOLEN, FORGED, INCOMPLETE, ILLEGIBLE MAIL OR MESSAGES; FAILED, INCOMPLETE OR DELAYED COMPUTER TRANSMISSIONS; UNAVAILABLE NETWORK CONNECTIONS; ON-LINE OR COMMUNICATIONS FAILURES; HARDWARE, SOFTWARE OR OTHER TECHNICAL MALFUNCTIONS OR DISTURBANCES ANY KIND. YOU ACKNOWLEDGE THAT YOU USE THIS WEBSITE AT YOUR OWN RISK AND THAT YOU ASSUME FULL RESPONSIBILITY AND THAT WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY DAMAGES SPECIAL, INDIRECT OR CONSEQUENTIAL OF ANY KIND RELATED TO YOUR USE OF THIS WEBSITE. NOTHING ON THIS WEBSITE CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND.

11. Limitations of liability. IN NO EVENT SHALL JEVEVA, OR ANY OF THE THIRD PARTIES BE LIABLE (WHETHER UNDER THE LAW OF CONTACT, THE LAW OF TORTS OR OTHERWISE) IN RELATION TO THE CONTENTS OF, OR USE OF, OR OTHERWISE IN CONNECTION WITH, THIS WEBSITE FOR ANY LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS). THESE LIMITATIONS OF LIABILITY APPLY EVEN IF JEVEVA HAS BEEN EXPRESSLY ADVISED OF THE POTENTIAL LOSS. IF, NOTWITHSTANDING THE FOREGOING, JEVEVA OR ANY OF THE THIRD PARTIES SHOULD BE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF, OR IS IN ANY WAY CONNECTED WITH, ANY OF THE FUNCTIONS OR USES OF WEBSITE OR ITS CONTENT, THE LIABILITY OF JEVEVA AND/OR OF THE THIRD PARTIES SHALL IN NO EVENT EXCEED IN THE AGGREGATE $100.00 CAD. BY USING THIS WEBSITE, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THESE TERMS ARE REASONABLE. IF YOU DO NOT THINK THEY ARE REASONABLE, YOU MUST NOT USE THIS WEBSITE.

12. Indemnity. You hereby agree to indemnify, defend, and hold Jeveva, its officers, directors, employees, representatives, agents and third party information providers to the service, harmless from and against any and all claims, damages, losses, liabilities, demands, suits, judgments, causes of action, legal proceedings, penalties or other sanctions, including all direct, indirect, consequential and incidental damages, and any and all costs and expenses arising in connection therewith, including legal fees and disbursements on a solicitor and his own client basis, which may, directly or indirectly in any way result from or arise out of or be in relation to (a) the products, services or otherwise; (b) any violation of these Terms; or (c) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing and/or using your Website account.

13. Termination. These Terms or any part of them may be terminated by us without notice at any time, for any reason. The provisions of paragraphs Copyrights & Trademark, Acceptable Use, Disclaimer, Limitation of Liability, Indemnification and Governing Law, shall survive any termination of this Terms.

14. Modification. We reserve the right to change modify, update, discontinue, remove, revise, delete or otherwise change any portion of the Website or these Terms, in whole or in part, at any time without further notice as it sees fit, and in your continued use of the Website you will be deemed to have read, understood and unconditionally consented to and agreed to such changes. The most current version of these Terms will be available on the Website and will supersede all previous versions of these Terms. Revised Terms will be effective immediately upon posting, without notice to you. You should regularly refer to the Terms, Privacy Policy and any other relevant policies, and notices to understand the current procedures and guidelines related to the Website.

15. Entire agreement. These Terms, together with those incorporated or referred to herein, constitute the entire agreement between you and us in relation to your use of this Website, and supersede all previous understandings or agreements (whether electronic, oral or written) in respect of your use of this Website. Additional terms and conditions may also apply to purchases of products, services or specific functions available on Website. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based on or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

16. Severability. If any provision of these Terms is determined unlawful and/or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

17. Assignment. We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms.

18. Governing Law. This Website (excluding any links) is owned and controlled by Jeveva. Although this Website can be accessed from other locations, by accessing this Website both you and Jeveva agree that the statutes and laws of the province of Ontario, Canada, without regard to conflict of laws, will apply to all matters relating to use of this Website. In addition, you agree to the exclusive personal jurisdiction and venue of this jurisdiction. Visitors to this Website are responsible for their own compliance with local laws regarding Website use and access.

19. Order Acceptance. The receipt of an e-mail order confirmation does not signify the acceptance of an order or a confirmation of an offer to sell. Jeveva may require additional verification or information as part of credit and fraud avoidance before accepting any order. Jeveva reserves the right, at its sole discretion, without prior notification, at any time after receipt of your order to accept or reject your order for any reason. In any case, Jeveva will contact you at the e-mail address provided by you in your account to keep you informed about order status. In the event that Jeveva declines your order, you will have no obligation to pay us for the order and Jeveva will have no obligation to fulfill your order. Jeveva will refund your payment in the form of the original tender.

20. Order Cancellation. Notification of cancellation will be accepted subject to confirmation in writing required via e-mail within 12 hours since order request is placed. IF ORDER HAS BEEN SHIPPED BEFORE NOTIFICATION OF CANCELLATION IN WRITING IS RECEIVED, NO ANY CANCELLATION REQUESTS ARE ACCEPTED.

21. Pricing. All prices on this Website quoted are payable in Canadian Dollars (CAD)and, unless otherwise stated, do not include shipping charges and taxes. Prices are subject to change without prior notice at our discretion.There are no taxes for orders shipped to the U.S. and international locations.

22. Payments. Visa, Mastercard and American Express credit cards and PayPal are all acceptable methods of payment. Our terms are payment in full at checkout. If you reside in Canada you have the option of paying through Interac e-Transfer in your bank. All Interac e-Transfer unpaid order requests will be cancelled after 3 business days. If your credit card is rejected by the card issuer, your order will not be shipped and Jeveva will have no obligation to fulfil your order. Alternate payment methods may be arranged with us in the case where a payment method has been declined. All goods remain the property of Jeveva until paid for in full.

23. Shipping. Your order will be shipped to you by one of Jeveva's third party shipping carriers selected by you at checkout. Processing time for in stock items is approximately 2 business days. Title and risk of loss for all products ordered by you shall pass to you on Jeveva's shipment to the shipping carrier. The products you purchased may be shipped to you separately. Once your item has been shipped, you will receive a shipment confirmation e-mail including a tracking number, so that you can track and keep up with your package. Please note that there are certain special shipment modes, e.g., regular mail and some international shipment methods that may not include a tracking number. Unclaimed or return-to-sender parcels will be assessed a 15% restocking fee, plus shipping charges. In an effort to reduce the impact of returned packages, Jeveva reserves the right to donate or recycle any returned or undelivered items as deemed appropriate in its sole discretion.

24. Custom duties. For the shipment to the U.S. and international locations, it is your sole responsibility to pay any customs duties imposed by customs in your country. All such fees and taxes are not the responsibility of Jeveva and not included in the shipping charges. Local regulations for customs fees and taxes will vary in different countries, and we recommend that you contact your local customs office should you have any questions or concerns about these duties.

25. Returns. In the event that you are shipped an incorrect product, we will gladly replace it free of charge or accept the item(s) back and offer you a full refund. All shortages, incorrect or damaged items must be reported within 48 hours of receiving your order. If you are not entirely happy with your purchase for any reason, you can simply return it within the 30 calendar days from delivery date. Returns made within first fifteen (1-15) days from delivery date will be refunded. Returns made within next fifteen (16-30) days from delivery date will be credited toward future purchases. Returns that are made beyond the 30 days from delivery date are not eligible for a refund. Any shipping, handling or insurance costs are not refundable. All sales of jewelry with a "Reduced price" are final. In order to process your return and credit, the items will be inspected for the following conditions: (a) The product must be returned within 30 calendar days of delivery to you; (b) All returns must be accompanied with a return slip; (c) All products must be returned in the condition that they had been received in, with their original packaging, unused, unworn, not altered, without damage and all tags attached; (d) Products must be safely packed in a box or heavily padded mailer to protect the merchandise. If any conditions of return listed above are not respected, we reserve the right to refuse your package and/or reimbursement or apply a restocking fee at our discretion. We do not accept goods damaged during return shipping. The refund to you will be in the form of the original tender within the first 15 business days once the returning item has been delivered to us and all the stated above conditions are met. We do not grant partial reimbursement.

26. Site Operator. Jeveva (a division of FORTA Holdings Inc.) in conjunction with its third party service providers operates https://www.jeveva.com site. Contact us or mail your letter to: Jeveva, 1120 Finch Ave. W., Suite 701-218, Toronto, ON M3J 3H7, Canada.

 

 

Last updated: January 22, 2015


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