Tiary Inc. Terms of use 

Last Updated: 8-12-17

Thank you for visiting the Tiary Inc.’s (“Tiary”, “we” or “us”) website, a platform which offers custom jewelry design products for sale (the “Service”). This document sets forth the terms and conditions that apply to your use of the Site (as defined below). By using or accessing the Site and Service, whether manually or by automated means, you agree to these Terms (as defined below).  If you have any questions or concerns, please do not hesitate to contact us at hello@tiary.com.

Terms of Use and Agreement

Please read the following terms of use (“Terms”) carefully before using the Site. Tiary and the web pages available at www.tiary.com are operated by Tiary and form the “Site”. Any references to our “Site” also include our mobile applications and other software, and any references to our “Service” include our Site, customer service phone line, and any other service or product we offer. The Terms apply to any use of the Site and/or Service. 

By accessing the Site, or by using the Service or any Site applications, you agree to be bound by these Terms, which govern the relationship between you and Tiary in relation to the Site and the Service (the “Agreement”). These Terms affect your legal rights and obligations. If you do not agree to the Terms, please do not use the Site. Please also note that these Terms include and hereby incorporate Tiary’s Privacy Policy, which is current located here.

Changes to this Agreement 

We may revise these Terms from time to time, and the most current version will always be posted to our Site. Any change or modification will be effective immediately upon posting of the revisions on the Site. If a revision is, in our sole discretion, material, we will notify you at the e-mail address you have most recently provided to us. By continuing to access or use the Site and Service, you agree to be bound by the revised Terms. Therefore, you should review these Terms and any other applicable policies from time to time, to understand the terms and conditions that apply to your use of the Site. If you do not agree to the revised Terms, please stop using the Site and/or Service.

General Use and Site License

The Site and Service are intended for use only by those individuals who are at least the age of majority in their jurisdiction (the “Age of Majority”). If you are not the Age of Majority or older, you are not authorized to use the Site and Service without the permission and supervision of your parent or legal guardian. If you are under the Age of Majority, you warrant that you have the express permission of your parent or legal guardian to use the Site and the Service. If you are a parent or legal guardian and have authorized a minor to use the Site and Services, you agree that you are responsible for the online conduct of the minor, and for the consequences of any misuse of the Site and/or Service by the minor.

You agree that you are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and/or Service and all charges related thereto. We shall not be liable for any damages to your or any user’s equipment, or for any data charges resulting from the use of this Site.

Rules for Purchases 

With respect to any purchase made on or through the Site and/or Service, you agree that: (a) you will not use an invalid or unauthorized credit or debit card or other payment method; (b) you are solely responsible for identifying and selecting the product you wish to purchase; (c) your payment will be charged to the credit or debit card or other payment method you use through our authorized third party service providers, such as Stripe and Prestashop (each a “Payment Partner”); and (d) by submitting your credit or debit card information through the Service, you expressly consent to the sharing of this information with our Payment Partners.

Tiary reserves the right to reject, in its full discretion, any and all orders or purchases made on the Site.

You understand you will be responsible for paying all fees and applicable taxes associated with using the Service. You will be responsible for paying any duties, taxes, or other fees applicable to the purchases that you make using the Service (“Taxes”).

Rules for Refunds, Returns, Resizing, Comparative Shopping and Warranties

Tiary offers a 30-day return policy. You may return an item for a refund (net of applicable deductions) within 30 days of the original shipping date if the following conditions are met:

  • The item must be returned in a new and unworn condition, meaning that there are no scratches, marks or blemishes on the item;
  • The item being returned must have the jewelry tag still attached to the item. Removal of the tag voids the ability for the item to be returned and refunded;
  • The item must be postmarked within [30] days of the original shipping date;
  • Items that have been modified, resized, updated and/or repaired by anyone other than Tiary do not qualify to be returned and refunded;
  • The items are your responsibility until they reach our manufacturing facility;
  • Promotional gifts must also be returned with your returned item; and
  • Returns with missing paperwork or items will not be processed.

Upon acceptance of your return, a credit will be issued to the original form of payment less any applicable deductions. Deductions might include:

  • The value of bonus or promotional gifts if they are not returned with the item; and
  • Fees we incur at the time of receiving a package, including but not limited to duties.

Tiary also offers a one-time free resizing service. You may return an item and request for it to be resized within 45 days of the original shipping date if the following conditions are met:

  • The item must be returned in a new and unworn condition, meaning that there are no scratches, marks or blemishes on the item;
  • The item being returned must have the jewelry tag still attached to the item. Removal of the tag voids the ability for the item to be returned and resized;
  • The item must be postmarked within [45] days of the original shipping date;
  • Items that have been modified, previously resized by Tiary or anyone else, updated and/or repaired do not qualify to be resized under this one-time offer;
  • The items are your responsibility until they reach our manufacturing facility; and
  • Resizing requests with missing paperwork or items will not be processed.

Every Tiary item is made to order. We therefore reserve the right to charge a [*50 %] restocking fee in the rare case where a customer takes advantage of the return policy by ordering numerous personalized items for the purposes of comparison or sizing. If we feel this is the case, we will contact you before manufacturing or shipping the items.

Tiary takes great pride in the quality of its products, and offers a 1-year warranty on any manufacturing defects. This warranty becomes void, however, if anyone other than Tiary has resized, modified or repaired the item, or if it has been subjected to any type of misuse.

Changes to Pricing Policy; Service

Tiary reserves the right to change its pricing policy and structures at any time and from time to time; such changes are effective when Tiary posts the same to the Site. Tiary may, in its sole discretion, change some or all of the Service at any time. In the event Tiary introduces a new product or service, the pricing for that product or service is effective at the launch of the product or service.

We do not negotiate prices for our products and all our prices are final. Items in your shopping cart and wish list or look tray will always reflect the most recent price displayed on the item’s product detail page. This price may differ from the price shown for the item when you first placed it in your cart. Placing an item in your cart, wish list or look tray does not reserve the price shown at that time. Unless otherwise stated, all fees are quoted in U.S. Dollars.

Accurate Information; Registration and Passwords; URLs

In consideration of your use of the Site and Service, you agree to: (a) provide accurate information as prompted on the Site or through the Service; and (b) maintain and update such information to keep it accurate. If you provide any information that is inaccurate, or Tiary has reasonable grounds to suspect that such information is inaccurate, Tiary may suspend or terminate your use of the Service and/or the Site and/or decline to permit your continued use of the Site and/or the Service and future access to the Site and/or the Service.

To access certain parts of the Site or Service, you may be required to open an online account with Tiary or through a Login Partner (as defined in the Privacy Policy), in which case you will have to create a username and password and to provide registration information, including your full name, country of residency, date of birth (optional), an active e-mail address and a password.

You may not use as a username the name of another person or entity that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

You are responsible for maintaining the confidentiality of your credentials and are solely responsible for all activities (whether by you or by others) that occur under your credentials. You must notify Tiary immediately of any unauthorized use of your password or account or any other breach of security. Tiary assumes no liability for any loss or damage arising from any unauthorized use of your credentials by a third party.

If you are a business, government, or non-profit entity, the person whose e-mail address is associated with the account at the time of registration must have the authority to bind you to this Agreement.

If you are under the Age of Majority then you must obtain the permission of your parent or legal guardian prior to registering an account. Your parent or legal guardian will then be responsible for your online conduct, and the consequences of any misuse of the Site.

You must immediately notify Tiary upon becoming aware of any unauthorized access or any other security breach to the Site or the Service and do everything possible to mitigate the unauthorized access or security breach (including preserving any evidence and notifying appropriate authorities). You are solely responsible for securing your password. Tiary will not be liable for any loss or damage arising from unauthorized access of your account resulting from the failure to secure your credentials.

Prohibited Uses

 As a condition to using the Site and/or Service, you promise not to use the Site and/or Service for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably foreseen to have been intended by Tiary. By way of example, and not as a limitation, you agree not to use the Site and/or Service:

  1. in any way that is false, inaccurate or misleading;
  2. in any way that is fraudulent or otherwise involves the sale of illegal or stolen goods;
  3. to collect and use product listings, descriptions or images;
  4. to abuse, harass, threaten, impersonate or intimidate any person;
  5. to post or transmit, or cause to be posted or transmitted on or through the Site, any content that is libellous, defamatory, obscene, pornographic, abusive, offensive, profane, violent or that infringes any copyright or other right of any person;
  6. for any purpose (including posting or viewing content) that is not permitted under the laws of the jurisdiction in which you use the Service;
  7. to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any user of the Site or Service;
  8. to reverse engineer, decompile or disassemble the Site, or to convert into human readable form any of the contents of this Site not intended to be so read, including but not limited to using or directly viewing the underlying code for the Site except as interpreted and displayed in a web browser;
  9. to create or transmit unwanted ‘spam’ to any person or any URL;
  10. to violate or attempt to violate the security of the Site and/or Service;
  11. with the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes or might impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
  12. to promote or sell products or content unless specifically authorized in writing by Tiary to do so;
  13. to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Site to become users of other on- or offline services directly or indirectly competitive or potentially competitive with Tiary;
  14. to interfere with or attempt to interfere with the proper working of the Site and/or Service;
  15. to sell or otherwise transfer your account;
  16. to attempt to restrict another user from using or enjoying the Site and/or Service or to encourage or facilitate violations of these Terms or the Privacy Policy;
  17. to interfere in any way with the business of any other user of the Site; or
  18. in any other way that violates these Terms.

Tiary shall have the right, but no obligation, to monitor the content and your activities on the Site and/or Service to determine compliance with these Terms and any other operating rules we establish.

We reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, or to refuse any purchase orders that in Tiary’s sole discretion is inappropriate, objectionable or in violation of these Terms.

Tiary neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement on the Site and/or Service, whether it is provided by Tiary, our employees, or a third party. Under no circumstances will Tiary be liable for any loss or damage of any kind caused by reliance on information obtained through the Site or Service. Neither Tiary nor any third party content provider shall assume or have any liability for any action or inaction by Tiary or any third party content provider with respect to any conduct, communication or posting on the Site and/or Service.

Termination

Tiary may terminate or suspend any and all Service and/or your user account immediately, without prior notice or liability, including without limitation if you breach the Terms. Upon termination of your account, your licence will be revoked and your right to use the Site and/or Service will immediately cease. If you wish to terminate your Tiary account, you may simply discontinue using the Site and/or Service. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, intellectual property ownership provisions, warranty disclaimers, indemnity and limitations of liability. 

For greater certainty, any obligation on your part to pay a fee to Tiary or its Payment Partners pursuant to these Terms or any other agreement between you and Tiary shall survive termination or suspension, whether by you or Tiary. Any fee so payable will remain payable and your failure to pay such fee within a reasonable time shall be deemed to constitute a breach of your agreement with Tiary and may result in legal action. Furthermore, your failure to pay any such fee shall be a ground for termination of your license to use the Site.

Links

The Site and/or Service may provide, or third parties may provide, links to other websites or resources. Because Tiary has no control over such sites and resources, you acknowledge and agree that Tiary is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Tiary shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content or goods or services available on or through any such site or resource.

Intellectual Property Rights

Unless you are advised otherwise, everything you see or read on the Site and/or Service is subject to copyright, trade mark or other forms of legal protection owned by or licensed by third parties to Tiary. Content may not be used except as provided in these Terms or in the text of the Site and/or Service without the written permission of Tiary.

Images and designs displayed on the Site and/or Service are either the property of, or used with permission by, Tiary. Use of these images by you, or anyone authorized by you, is prohibited unless specifically permitted by these Terms or specific permission provided elsewhere on the Site. Any unauthorized use of such images or other content may violate the law. Tiary shall also have the right to photograph any Piece (as defined in the Privacy Policy) you design before it is shipped, and to use or reproduce the image on its Site.

You acknowledge and agree that any materials, including but not limited to Testimonials (as defined in the Privacy Policy), Customer Stories (as defined in the Privacy Policy), questions, comments, suggestions, ideas, plans, images, photographs, notes, drawings, original or creative materials or other information, regarding Tiary or its Site or Service are provided by you to Tiary, are non-confidential, and shall become the sole property of Tiary. Tiary will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You grant Tiary and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that: (a) you own and control all of the rights to the content that you submit, or that you otherwise have the right to submit such content to this site; (b) the content is accurate and not misleading; and (c) use and posting of the content you supply will not violate these Terms, or any rights of, or cause injury to any person or entity. You also represent and warrant that you shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any materials or information under this paragraph.

The trade-marks and logos (collectively the “Trade-marks”) displayed on the Site and/or Service are registered and unregistered Trade-marks. Nothing contained in the Site and/or Service gives you permission to use these Trade-marks, and your use of the Trade-marks is strictly prohibited. Tiary reserves the right to enforce its intellectual property rights where applicable.

Release and Indemnity

 You will indemnify, defend, and hold harmless Tiary against any actual or threatened third party claim arising out of or based upon any breach of these Terms, and indemnify Tiary from all damages, costs, and solicitors’ fees finally awarded in any such claim or all amounts that you agree to pay to any third party to settle any such claim. Your obligation under this section is contingent on: (a) Tiary giving you prompt written notice of the claim; (b) Tiary granting you full and complete control over the defense and settlement of the claim; (c) Tiary providing assistance in connection with the defense and settlement of the claim as you may reasonably request; and (d) Tiary’s compliance with any settlement or court order made in connection with the claim, provided that you may not agree to any settlement that imposes any obligation on Tiary without Tiary’s consent. Tiary will not defend or settle any claim eligible for indemnification under this section without your prior written consent. 

You hereby expressly and irrevocably release and forever discharge Tiary, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Service.

In no event shall Tiary be liable under contract, tort, strict liability, negligence or other legal theory with respect to the Site, the Service or any content: (a) for any lost profits or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever; (b) to provide substitute goods or services (however arising); or (c) for any direct damages in excess of (in the aggregate) the amounts paid to Tiary by the entity claiming liability as against Tiary within the year immediately preceding the date on which such liability is alleged to have arisen.

Disclaimer of Warranties

EXCEPT AS SPECIFICALLY PROVIDED HEREIN OR SPECIFICALLY COMMUNICATED TO YOU BY TIARY WITH RESPECT TO CERTAIN PRODUCTS AND/OR SERVICES OFFERED BY TIARY ON THE SITE, THIS SITE, ITS CONTENT, AND ANY ASSOCIATED SERVICES OR PRODUCTS ARE PROVIDED BY TIARY ON AN “AS IS” AND “AS AVAILABLE” BASIS. TIARY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, TO THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE, OR TO THE FUNCTIONALITY OF ANY SERVICES OR PRODUCTS ASSOCIATED THEREWITH. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, TIARY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF WORKMANLIKE EFFORT, OF SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF CONTENT, OR OF NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OR TRADE. FURTHER, TIARY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THIS SITE AND/OR ITS CONTENTS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. TIARY IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOGRAPHY OR ANY OTHER CONTENTS ON THIS SITE.

BY USING THIS SITE, YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE, SERVICES, OR PRODUCTS ASSOCIATED THEREWITH, INCLUDING YOUR USE OF ANY AND ALL ASSOCIATED CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, AND ANY ASSOCIATED SERVICES IS SOLELY AT YOUR OWN RISK. TIARY DOES NOT WARRANT OR GUARANTEE THAT ITS SITE OR SERVERS OR E-MAILS SENT BY OR ON BEHALF OF TIARY ARE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS. FURTHER, TIARY DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED AND ERROR-FREE OPERATION OF ITS SITE, NOR THAT ALL COMMUNICATIONS BETWEEN YOU AND TIARY, OR BETWEEN YOU AND ANY OTHER USER OF THE SITE, WILL BE SECURE FROM ACCESS OR INTERFERENCE BY THIRD PARTIES.

The Security of the Site

Tiary maintains reasonable safeguards and personnel policies that are designed to guard the Site, the Service, our systems and our sellers’, customers’, business partners’ and others’ information. For example, for the security of your online visit to the Site, Tiary may make use of firewall barriers, encryption techniques and/or authentication procedures. 

Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. As a result, while Tiary strives to protect your information, it cannot ensure or warrant the security of any content you transmit to us, and you do so at your own risk. In the event of a breach of the confidentiality or security of your personal information, Tiary will notify you as necessary so you can take appropriate protective steps. Unless you indicate otherwise, we may notify you under such circumstances using the email address you provided to us when you registered with the Site. 

Electronic Communications

When you visit the Site, use the Service or send emails to Tiary, you are communicating with us electronically. You consent to receive communications from Tiary electronically. Tiary may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that Tiary provides to you electronically satisfy any legal requirement that such communications be in writing. 

Choice of Law

Any disputes arising out of or related to these Terms and/or any use by you of the Site or Service shall be governed by the laws of the Province of Ontario, without regard to its choice of law rules and without regard to conflict of laws principles.

If you reside in the United States, any disputes arising out of or related to these Terms and/or any use by you of the Site or Service shall be governed by the laws of the state in which you reside at the time you enter into these Terms, without regard to its choice of law rules and without regard to conflicts of laws principles.

Conflict with Other Agreements

These Terms are in addition to, and do not nullify, any other agreement between you and Tiary or any other applicable terms and conditions found on the Site. In the case of any direct conflict between these Terms and any other agreement between you and Tiary, the provisions of such other agreement shall prevail but only to the extent applicable to the conflicting provisions. You agree to comply with all rules or restrictions that are posted on the Site. Notwithstanding the above, when you use a Payment Partner in order to make a payment, your use of that service is governed by each Payment Partner’s respective user agreement.

Resolution of Disputes

If a dispute arises out of, or in connection with this Agreement, the parties agree to first meet to pursue resolution through negotiation.

Miscellaneous

No agency, partnership, joint venture, or employment is created as a result of the Terms and you have no authority of any kind to bind Tiary in any respect whatsoever. The failure of any party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Tiary shall not be liable for any failure to perform its obligations hereunder, where such failure results from any cause beyond Tiary’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). Tiary may transfer, assign or delegate the Terms and its rights and obligations without consent.

Survival 

Any of these Terms which by its nature should survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability, shall survive termination and continue in full force and effect except to the extent expressly set out in these Terms.

Severability

The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms and any such invalid or unenforceable term shall be deemed to be severable.

Feedback/Notices

All questions, notices or other correspondence to Tiary (including reported breaches of this Agreement) under this Agreement must be sent to hello@tiary.com.