Terms of service
OVERVIEW
Welcome to Heart & Stone Jewelry. The terms "we," "us," and "our" refer to Heart & Stone Jewelry.
Heart & Stone Jewelry operates this store and website, including all related information, content, features, tools, products, and services, in order to provide you, the customer, with a curated shopping experience (the "Services"). Heart & Stone Jewelry is powered by Shopify, which enables us to provide the Services to you.
The following terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our [Privacy Policy](/policies/privacy-policy). If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access the Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province, or jurisdiction of residence, or that you are the age of majority and have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.
To use certain Services, including accessing or browsing our online store or purchasing products or services, you may be asked to provide certain information, such as your email address, billing information, payment information, and shipping information.
You represent and warrant that all information you provide through the Services is accurate, current, and complete and that you have all rights necessary to provide such information.
You are solely responsible for maintaining the security of your account credentials and for all activity conducted through your account. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We make reasonable efforts to provide accurate representations and descriptions of our products and services through our online store.
However, colors, gemstones, diamonds, metals, finishes, proportions, and other product characteristics may appear differently depending on the device, screen, display settings, lighting conditions, photography, or other factors.
We do not warrant that the appearance of a product on your screen will exactly match its appearance in person.
Many Heart & Stone Jewelry products are made to order or customized according to selections made by the customer. Customization options may include, among other things:
- Diamond or gemstone selection
- Diamond or gemstone shape and size
- Setting style
- Metal type and color
- Band width
- Ring size
- Engraving
- Stone placement
- Design details
- Other customization selections
Product images, photographs, digital renderings, illustrations, and previews are intended to provide a reasonable representation of the finished piece. Slight variations in appearance, proportions, color, finish, stone characteristics, or other details may occur because of natural variations in gemstones and metals, manufacturing processes, customization, photography, or display settings.
All product descriptions, specifications, availability, and customization options are subject to change at any time without notice at our discretion.
We reserve the right to discontinue any product or service at any time and may limit the quantities of products or services offered to any person, geographic region, or jurisdiction on a case-by-case basis.
SECTION 3 - ORDERS
When you place an order through the Services, you are making an offer to purchase.
Heart & Stone Jewelry reserves the right to accept, reject, limit, or cancel an order for legitimate business reasons, including product availability, pricing or listing errors, payment issues, suspected fraud, or other circumstances.
Your order is not accepted until Heart & Stone Jewelry confirms acceptance and applicable payment authorization has been successfully processed.
Please review your order carefully before submitting it.
Because certain Heart & Stone Jewelry products are made to order or customized, we may be unable to accommodate changes or cancellation requests after an order has been accepted or entered production.
If we reject, modify, or cancel an order, we will attempt to notify you using the email address, billing information, shipping information, or telephone number provided when the order was placed.
Purchases are subject to returns or exchanges only in accordance with our [Refund Policy](/policies/refund-policy).
You represent and warrant that products purchased through the Services are intended for your own personal or household use and not for unauthorized commercial resale or export.
SECTION 4 - PRICES AND BILLING
Prices, discounts, offers, and promotions are subject to change without notice.
The price charged for a product or service will generally be the price displayed at the time your order is submitted and will be reflected in your order confirmation.
Unless otherwise stated, displayed prices do not include applicable sales taxes, duties, customs charges, import taxes, or other governmental fees.
Heart & Stone Jewelry currently offers free standard shipping on eligible orders to the United States and Canada. Additional charges may apply for certain destinations, expedited delivery options, customs duties, import taxes, or other fees where applicable.
We may offer promotions from time to time that affect pricing and may be subject to additional or separate terms and conditions. If there is a conflict between specific promotional terms and these Terms, the applicable promotional terms will govern with respect to that promotion.
You agree to provide current, complete, and accurate purchase, payment, billing, shipping, and account information for purchases made through the Services.
You agree to promptly update applicable account and contact information so that we can complete transactions and communicate with you when necessary.
You represent and warrant that:
- The payment information you provide is accurate and complete;
- You are authorized to use the payment method provided;
- Charges incurred by you will be honored by the applicable payment provider; and
- You will pay all amounts properly charged in connection with your order, including applicable taxes or fees.
SECTION 5 - SHIPPING AND DELIVERY
Heart & Stone Jewelry currently offers free shipping on eligible orders to the United States and Canada.
Orders are fully insured while in transit until delivery.
We use reasonable efforts to provide accurate estimated processing and delivery times. However, all processing and delivery dates are estimates and are not guaranteed.
Delays may occur due to shipping carriers, weather conditions, customs processing, security procedures, order customization, production requirements, peak periods, or other circumstances outside our reasonable control.
Orders are shipped in discreet, unmarked exterior packaging, so the exterior of the package does not identify the contents as jewelry.
For added security, certain deliveries may require the signature of a person 21 years of age or older.
If you cannot meet the applicable signature requirement or need to discuss another available delivery arrangement, please contact Heart & Stone Jewelry before shipment.
Risk of loss remains with Heart & Stone Jewelry until the applicable order has been delivered, except where otherwise required by applicable law.
SECTION 6 - INTELLECTUAL PROPERTY
The Services, including our trademarks, trade names, brands, text, displays, photographs, images, graphics, videos, audio, product designs, website design, layout, and the selection and arrangement thereof, are owned by Heart & Stone Jewelry, its licensors, or other applicable rights holders and are protected by applicable United States and international intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only.
Unless we provide prior written permission, you may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, transmit, sell, or commercially exploit materials from the Services except as otherwise permitted by applicable law.
Except as expressly provided in these Terms, nothing contained in the Services grants or should be construed as granting any license or other right under any patent, trademark, copyright, or other intellectual property right belonging to Heart & Stone Jewelry, Shopify, or any third party.
All rights not expressly granted are reserved by the applicable rights holders.
Heart & Stone Jewelry's name, logos, product names, service names, designs, and slogans are trademarks or other proprietary identifiers of Heart & Stone Jewelry or applicable licensors and may not be used without authorization.
Shopify's names, logos, products, and service marks belong to Shopify.
All other names, logos, product names, service names, designs, and trademarks appearing through the Services belong to their respective owners.
SECTION 7 - OPTIONAL TOOLS
We may provide access to tools, functionality, or services offered by third parties that we do not monitor or control.
You acknowledge and agree that access to third-party tools may be provided "as is" and "as available," subject to the applicable third party's terms and policies.
To the extent permitted by applicable law, Heart & Stone Jewelry will not be liable for claims arising solely from your use of third-party tools outside our control.
Your use of optional third-party tools is at your own discretion, and you should review and understand the terms and privacy practices governing those tools before using them.
We may introduce additional features, tools, resources, or functionality through the Services in the future. Such features will also constitute part of the Services and will be subject to these Terms unless otherwise stated.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain links, materials, or functionality provided or operated by third parties.
We do not control and are not responsible for evaluating the content, accuracy, privacy practices, security, products, or services of third-party websites or platforms.
If you leave our Services to access a third-party website or service, you do so subject to that third party's terms and policies.
We are not responsible for losses or damages resulting from your purchase or use of products, services, resources, or content provided directly by third parties, except to the extent required by applicable law.
Questions, complaints, concerns, or claims regarding products or services supplied directly by a third party should be directed to the applicable third party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Heart & Stone Jewelry is powered by Shopify, which enables us to provide the Services to you.
However, sales and purchases made through our Store are made directly between you and Heart & Stone Jewelry.
By using the Services, you acknowledge and agree that Shopify is not the seller of Heart & Stone Jewelry products and is not responsible for the products sold by Heart & Stone Jewelry.
To the extent permitted by applicable law, you release Shopify and its affiliates from claims arising solely from products sold directly by Heart & Stone Jewelry or transactions entered into directly with Heart & Stone Jewelry.
SECTION 10 - PRIVACY POLICY
Personal information collected through the Services is handled in accordance with our [Privacy Policy](/policies/privacy-policy).
Certain personal information may also be collected or processed by Shopify in accordance with Shopify's privacy practices, which can be reviewed at:
https://privacy.shopify.com/en
Because the Services are hosted by Shopify, Shopify collects and processes information relating to your access to and use of the Services in order to provide, operate, secure, and improve its services.
Information you submit through the Services may be transmitted to or processed by Shopify and other service providers, including providers located in countries other than the country where you reside.
Please review our [Privacy Policy](/policies/privacy-policy) for additional information regarding how Heart & Stone Jewelry, Shopify, and our service providers may collect, use, process, and disclose personal information.
SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise provide ideas, suggestions, feedback, reviews, photographs, proposals, plans, or other content to us (collectively, "Feedback"), you grant Heart & Stone Jewelry a non-exclusive, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, display, and otherwise use such Feedback for purposes including operating, improving, promoting, and providing the Services.
You represent and warrant that:
- You own or have the necessary rights to provide the Feedback;
- You have disclosed any compensation or incentives received in connection with the Feedback where required by law; and
- Your Feedback complies with these Terms and applicable law.
We are not obligated to maintain unsolicited Feedback in confidence, compensate you for Feedback, or respond to Feedback unless otherwise agreed or required by law.
We may monitor, edit, or remove content that we reasonably determine violates applicable law, these Terms, intellectual property rights, privacy rights, or other applicable standards.
You agree that Feedback will not violate the rights of any third party, contain unlawful or malicious content, or contain malware or other harmful code.
You may not impersonate another person or intentionally misrepresent the origin of Feedback.
You remain responsible for Feedback you submit and its accuracy.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information available through the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, customization options, pricing, promotions, offers, shipping charges, transit times, availability, or other information.
We reserve the right to correct errors, inaccuracies, or omissions and to update information at any time.
Where permitted by applicable law, we may also cancel or modify an order affected by a material pricing, availability, or listing error, including after an order has been submitted.
If an order is canceled after payment has been collected, applicable amounts will be refunded in accordance with our policies and applicable law.
SECTION 13 - PROHIBITED USES
You may access and use the Services only for lawful purposes.
You may not use the Services, directly or indirectly:
- For unlawful, fraudulent, or malicious purposes;
- To violate applicable international, federal, state, provincial, territorial, or local laws or regulations;
- To infringe our intellectual property rights or those of another person;
- To harass, abuse, threaten, defame, intimidate, or unlawfully harm another person;
- To knowingly transmit false, deceptive, or misleading information;
- To upload, transmit, download, use, or distribute materials that violate these Terms;
- To distribute unsolicited commercial messages, spam, chain letters, or similar solicitations;
- To impersonate another person or entity;
- To interfere with another person's ability to use or enjoy the Services; or
- To engage in conduct that may damage, disrupt, overload, or compromise the Services or expose Heart & Stone Jewelry, Shopify, our customers, or others to liability.
You also agree not to:
- Upload or transmit viruses, malware, or harmful code;
- Reproduce, duplicate, copy, sell, resell, extract, or commercially exploit portions of the Services without authorization;
- Collect or track personal information about others unlawfully;
- Phish, pharm, scrape, or engage in fraudulent data collection;
- Use automated systems in a manner that circumvents access controls or materially disrupts the Services; or
- Interfere with, bypass, or circumvent security, authentication, access-control, rate-limiting, or other protective measures.
We reserve the right to restrict, suspend, or terminate access to the Services when we reasonably determine that these Terms have been violated.
SECTION 14 - AGENTS AND AUTOMATED ACCESS
This section applies if you use or enable software, automated services, artificial intelligence systems, bots, or autonomous or semi-autonomous agents ("Agents") to access or interact with the Services.
Agents must not misrepresent automated activity as human activity or intentionally circumvent technical measures designed to control automated access.
We may restrict or limit automated access to the Services, including through technical measures, when necessary to protect the security, availability, performance, intellectual property, or legitimate operation of the Services.
Agents must not circumvent CAPTCHAs, authentication requirements, rate limits, robot-exclusion instructions, access restrictions, or other technical measures intended to manage access to the Services.
SECTION 15 - TERMINATION
We may terminate or restrict your access to the Services, or any portion thereof, when permitted by applicable law, including where you materially violate these Terms, engage in fraud or unlawful activity, misuse the Services, or create security or operational risks.
You will remain responsible for amounts properly due and payable before termination.
Provisions that by their nature should survive termination will remain effective, including provisions relating to intellectual property, Feedback, disclaimers, limitation of liability, indemnification, severability, governing law, privacy, and accrued payment obligations.
SECTION 16 - DISCLAIMER OF WARRANTIES
Information presented through the Services is provided for general informational purposes.
While we seek to provide accurate information, we do not warrant that all informational content will always be complete, current, or error-free.
To the fullest extent permitted by applicable law, and except for warranties expressly provided by Heart & Stone Jewelry or rights that cannot legally be excluded:
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." HEART & STONE JEWELRY DISCLAIMS WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, DURABILITY, AND NON-INFRINGEMENT TO THE EXTENT SUCH WARRANTIES MAY LAWFULLY BE DISCLAIMED.
We do not guarantee that access to the Services will always be uninterrupted, timely, secure, or error-free.
Nothing in these Terms excludes or limits warranties, guarantees, consumer rights, or remedies that cannot legally be excluded or limited.
SECTION 17 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEART & STONE JEWELRY AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR SIMILAR LOSSES, EXCEPT WHERE SUCH LIABILITY CANNOT LAWFULLY BE LIMITED OR EXCLUDED.
NOTHING IN THESE TERMS IS INTENDED TO EXCLUDE OR LIMIT LIABILITY WHERE DOING SO WOULD BE PROHIBITED BY APPLICABLE LAW.
SECTION 18 - INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Heart & Stone Jewelry and its affiliates, officers, directors, employees, agents, contractors, licensors, and service providers from third-party claims, losses, damages, liabilities, and reasonable legal expenses arising from:
- Your material breach of these Terms;
- Your violation of applicable law or the rights of another person; or
- Your unlawful or unauthorized use of the Services.
We will provide reasonable notice of an indemnifiable claim where practicable.
You agree to reasonably cooperate in the defense of such claims.
Nothing in this section creates obligations that are prohibited or unenforceable under applicable consumer protection laws.
SECTION 19 - SEVERABILITY
If any provision of these Terms is determined to be unlawful, invalid, void, or unenforceable, that provision will be enforced to the maximum extent permitted by applicable law.
Any unenforceable portion will be severed from these Terms without affecting the validity and enforceability of the remaining provisions.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce a right or provision under these Terms does not constitute a waiver of that right or provision.
These Terms, together with policies and operating rules referenced or posted through the Services, constitute the agreement between you and Heart & Stone Jewelry regarding your use of the Services, except where another written agreement expressly applies.
These Terms supersede prior or contemporaneous communications or agreements concerning the same subject matter.
Any ambiguity in these Terms will be interpreted in accordance with applicable law and will not automatically be construed against either party solely because that party drafted the provision.
SECTION 21 - ASSIGNMENT
You may not transfer or assign your rights or obligations under these Terms without our prior written consent, except where applicable law provides otherwise.
We may transfer or assign our rights and obligations under these Terms in connection with a merger, acquisition, financing, corporate restructuring, sale of assets, or similar business transaction, subject to applicable law.
SECTION 22 - GOVERNING LAW
These Terms of Service and any separate agreements through which Heart & Stone Jewelry provides the Services will be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict-of-law principles, except to the extent applicable federal law or mandatory consumer protection laws provide otherwise.
Subject to applicable consumer protection laws and other mandatory jurisdictional requirements, you and Heart & Stone Jewelry agree that legal proceedings arising from or relating to these Terms or the Services may be brought in the appropriate state or federal courts located in Dallas County, Texas, and each party consents to the jurisdiction of those courts.
Nothing in this section limits any rights you may have under mandatory consumer protection laws applicable in your place of residence.
SECTION 23 - HEADINGS
The headings used in these Terms are included for convenience only and do not limit or otherwise affect the meaning or interpretation of the Terms.
SECTION 24 - CHANGES TO TERMS OF SERVICE
You may review the most current version of these Terms of Service on this page.
We reserve the right to update, change, or replace portions of these Terms from time to time, including to reflect changes to our Services, business practices, technology, or legal requirements.
We will post updated Terms on the website and provide additional notice where required by applicable law.
Material changes will become effective on the date specified in the applicable notice or updated Terms.
Your continued use of the Services after updated Terms become effective constitutes your acceptance of those changes to the extent permitted by applicable law.
SECTION 25 - CONTACT INFORMATION
Questions regarding these Terms of Service may be sent to:
Heart & Stone Jewelry
6838 Chevy Chase Ave
Dallas, TX 75225
United States
Email: help@heartandstone.com
Phone: +1 414-491-9013
