Terms & Conditions
1. use of the site
The Site is to be used by You for Your personal use only. Commercial uses of this Site are strictly prohibited unless prior written consent from Emerald and Opal Enchantments (“EaO” or the “Company”) has been granted. You agree that You will not use any robot, spider, other automatic device or manual process to monitor or copy the Site or any contents or information contained therein, unless You obtain prior express written consent from EaO. You agree that You will not through any means interfere or attempt to interfere with the proper functioning of the Site. You agree that You will not provide to EaO or to this Site: (i) any viruses, worms, time bombs, and/or other computer programming routines that are intended to damage, detrimentally interfere with, intercept or expropriate any system, data or information; and (ii) any content that may create liability for EaO or cause EaO to lose (in whole or in part) the services of our suppliers.
2. products and services
These products and services made available by EaO and its suppliers on this Site are intended for personal use only. You may not assign, transfer, re-market, resell or otherwise dispose of, such products and services without obtaining EaO’s prior written consent. EaO and its suppliers may cancel or modify purchases on the Site if it appears that they are the result of fraudulent or inappropriate activity or under other circumstances where it appears that the purchase contains or has resulted from a mistake or error. Other terms and conditions included on the Site, including return and shipping policies, may apply to Your purchase and are incorporated by reference herein.
4. proprietary rights
This Site contains and references trademarks, patents, trade secrets, technologies, products, processes or other proprietary rights of EaO and other parties. No license or right to or in any such trademarks, patents, trade secrets, technologies, products, processes and other proprietary rights of EaO and other parties is granted to or conferred upon You. Reproduction or storage of materials obtained from this Site is subject to the U.S. Copyright Act of 1976, Title 17 U.S.C. No material from the Site may be reproduced, distributed, posted, displayed, uploaded or transmitted. The use of any material from the Site on any other internet, intranet, web or other site or computer environment is prohibited. You may not utilize framing techniques to frame any EaO trademarks, logos, or other proprietary information (including images and text). You may not use any meta tags or any other “hidden text” utilizing our name, trademarks or other proprietary information.
5. user feedback
You agree that all ideas, comments, suggestions or other information that You provide to EaO regarding the Site or products and services provided on the Site (the “Feedback”) shall be EaO’s property, and may be used by EaO on a non-confidential and unrestricted basis, without compensation to You.
You agree that EaO has no obligation to, but may monitor and review information You transmit over the Site. You agree that EaO may censor, edit, remove or prohibit the transmission or receipt of any information that EaO deems inappropriate or in violation of these terms and conditions, and use any such information as necessary to provide the Site and to protect the rights of EaO. You agree that EaO may also monitor and review stored information without restriction. You hereby acknowledge and consent to such monitoring and reviewing.
7. linked web sites
8. advertising disclosure, accuracy
Product descriptions posted on our product pages are the representations of our suppliers. The Site may contain technical inaccuracies or typographical errors or omissions. EaO is not responsible for typographical, pricing, product information, advertising or shipping errors. Advertised prices and available quantities are subject to change without notice. EaO reserves the right to make changes, corrections and/or improvements to the Site, and to the products and programs described in such information, at any time without notice.
SEE SECTION 15 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 8.
EaO and any other providers of products or services on the Site are not responsible for communication malfunctions, failures, or difficulties, or lost, stolen, or misdirected, transmissions, messages or entries, or the security of any such communications. Further, EaO and any other providers of products or services related to this Site are not responsible for incorrect or inaccurate entry information, whether caused by You or by any of the equipment or programming associated with the Site, or by any technical or human error that may occur in the processing of any information related to the Site.
SEE SECTION 15 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 9.
YOU AGREE THAT YOU USE THE SITE AT YOUR OWN RISK. THE SITE, AND ANY RELATED INFORMATION, CONTENTS AND/OR MATERIALS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND. EMERALD AND OPAL ENCHANTMENTS HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; NON-INFRINGEMENT; AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE; OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
SEE SECTION 15 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 10.
11. limitation of liability
YOU AGREE THAT IN NO EVENT SHALL EaO, ITS AGENTS, REPRESENTATIVES OR LICENSORS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THIS SITE OR THE PERFORMANCE OR NON-PERFORMANCE BY EaO OR ANY THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THIS SITE.
SEE SECTION 15 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 11.
You agree to indemnify and hold EaO and its subsidiaries, affiliates, officers, directors, agents and employees harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of Your breach of these terms and conditions or Your violation of any law or the rights of a third party. EaO’s failure to act with respect to a breach by You or others does not waive its right to act with respect to subsequent or similar breaches.
SEE SECTION 15 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 12.
13. formal dispute resolution by binding arbitration
(1) Write a demand for Arbitration. The demand must include a description of the dispute and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.
(2) Send three copies of the Demand for Arbitration, plus the appropriate filing fee to:
JAMS [to your local JAMS office or to JAMS, 620 Eighth Ave., 34th Floor, New York, NY 10018].
(3) Send one copy of the Demand for Arbitration to the other party.
14. choice of law and time to bring your claim
IF YOU ARE A CONSUMER, HOWEVER, THIS PROVISION SHALL NOT BE CONSTRUED TO LIMIT YOUR RIGHTS UNDER CONSUMER PROTECTION LAWS OF YOUR STATE OF RESIDENCE AS SET FORTH IN SECTION 15.
15. exclusions and limitations; consumer protection notice
NOTICE TO NEW JERSEY RESIDENTS: Your rights are protected under the Truth-in-Consumer Contract, Warranty and Notice Act and New Jersey law generally. The provisions in these Terms and Conditions do not apply to you and are not intended to vary, diminish or alter your rights under New Jersey law: specifically, nothing in these Terms and Conditions limits, varies, diminishes, affects, or otherwise voids or alters your rights under New Jersey law as they relate to limitations of liability or exculpation (including, but not limited to, limitations on indirect, incidental, special, exemplary, consequential or similar damages), dispute resolution, indemnification, venue or jurisdiction, statutes of limitation or repose periods for bringing claims, plain language requirements, representations and warranties of any type or nature (including, but not limited to conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quite enjoyment, and non-infringement), contract remedies, personal injury, tort and negligence claims, conditions of sale, fee-shifting provisions, waiver of attorney fees and/or costs, and copyright. Your rights regarding these specific provisions will be governed by New Jersey law. In the event of any conflict between these Terms and Conditions and New Jersey law, New Jersey law will govern.
16. promotions/discount codes
Promo codes can be specific to dates, products or minimum total amount. All promotional offers, emails and sales, including the Welcome and Birthday discounts cannot be combined with any other offers. Limit one promo code per order. Promo codes and promotions cannot be used toward gift card purchases. Not valid on past purchases. For questions or assistance with a promo code please contact Customer Service. All promotional codes are subject to change at any time. All promotional codes are only exclusive to product purchases made on emeraldandopalenchantments.com only.
17. modification of terms
EaO may at any time amend, modify or supplement any terms and conditions applicable to the Site, and Your continued use of the Site will constitute Your acceptance of any such amendment, modification, or supplementation.
Published: June 2022