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Terms and Conditions - Effective Date: 04/15/2024

These Terms and Conditions ("Terms") govern your access to and use of the website operated by Xavier Jewelers, LLC ("Xavier Jewelers," "we," "us," or "our"), including any content, functionality, and services offered on or through our website (the "Site"). By accessing or using the Site, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree to all of these Terms, do not access or use the Site.

1. Description and Use of the Site

Visitors may browse the public areas of the Site without creating an account. Registered Users may access additional features including the ability to purchase products, create personal accounts, and engage with exclusive content. We reserve the right to accept or reject any registration, and to deactivate any account for any reason, including violation of these Terms.

2. Community Guidelines

By accessing the Site, you agree to: Comply with all applicable laws and use the Site for lawful purposes only. Not post content that infringes on any intellectual property rights, is defamatory, obscene, threatening, or violates others’ privacy. Not upload malicious software or disrupt the Site’s functionality. Not engage in data mining, scraping, or any automated access without our consent. Report any misuse or inappropriate content you encounter. We reserve the right to remove content and restrict access to any user in violation of these guidelines.

3. Returns and Store Credit

Gift returns will be issued as store credit only. Store credit does not expire and may be used on any item on the Site. It is not redeemable for cash. For standard purchases, please refer to our Return Policy for eligibility and process.

4. Fees and Payment

You agree to pay all fees and applicable taxes for purchases made on our Site. Payments are processed securely via third-party processors (e.g., Shopify Payments, PayPal). You must provide accurate billing information and keep it up to date. All transactions are charged in U.S. dollars unless stated otherwise. You authorize Xavier Jewelers, LLC to charge your chosen payment method and to update card details as needed for future transactions. You are responsible for any foreign transaction fees or related charges.

5. Intellectual Property

All content on the Site, including text, images, graphics, product designs, logos, and software ("Content"), is the property of Xavier Jewelers, LLC or its licensors, and is protected by copyright, trademark, and other laws. You may not copy, modify, distribute, or use any Content without express written permission. Use of our trademarks or trade dress without consent is strictly prohibited.

6. User Content and License

If you submit content to the Site (e.g., comments, reviews, or images), you grant Xavier Jewelers, LLC a perpetual, royalty-free, worldwide license to use, reproduce, and distribute such content for promotional or operational purposes. You represent that any content you submit is original or that you have permission to share it. You retain ownership of your content but give us the right to use it.

7. Communications with Us

Do not send confidential or proprietary information via email or forms. Any feedback, suggestions, or ideas submitted become our property, and we may use them without compensation or attribution.

8. Disclaimer of Warranties

The Site and all content are provided “as is” without warranties of any kind. We do not guarantee uninterrupted access, error-free functionality, or virus-free content.

9. Limitation of Liability

To the fullest extent permitted by law, Xavier Jewelers, LLC shall not be liable for any indirect, incidental, or consequential damages arising out of your use or inability to use the Site or products. Direct liability, if any, is limited to the amount paid by you in the twelve (12) months preceding the event giving rise to the claim.

10. External Links

The Site may link to third-party websites. We are not responsible for their content, privacy practices, or availability. Visiting those sites is at your own risk.

11. Legal Compliance

The Site is controlled and operated from the United States. If you access the Site from outside the U.S., you are responsible for compliance with local laws.

12. Termination

We may suspend or terminate your access to the Site at our discretion without notice. Provisions relating to intellectual property, liability, and dispute resolution will survive termination.

13. DMCA Notice

If you believe your copyright has been infringed, please send a notice with the details to: Xavier Jewelers, LLC, 344 Grove St, Unit #1175, Jersey City, NJ 07302 USA. Include your contact information, a description of the copyrighted work, and a statement under penalty of perjury that your claim is accurate.

14. Governing Law

These Terms are governed by the laws of the State of New Jersey, without regard to conflict of law principles.

15. Binding Arbitration

You agree that any dispute related to these Terms or your use of the Site will be resolved through binding arbitration under the rules of JAMS. You waive your right to a jury trial or to bring a claim in court, except for small claims.

16. Class Action Waiver

You agree to resolve disputes individually, and not as part of any class or representative action.

17. Equitable Relief

We may seek injunctive or equitable relief in the event of a breach of our intellectual property rights or confidential information.

18. Modifications to Terms

We may update these Terms at any time without notice. Continued use of the Site constitutes your acceptance of any changes.

Contact Us

For questions about these Terms, contact us at: Xavier Jewelers, LLC, Email: customer@xavierjewelers.com, Website: www.xavierjewelers.com.