Terms of service

OVERVIEW

Welcome to Hemarien. The terms “we,” “us,” and “our” refer to Hemarien. Hemarien operates this store and website, including all related information, content, features, tools, products, and services offered through the site (collectively, the “Services”). Hemarien is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies referenced herein, describe your rights and responsibilities when you access or use the Services.

Please read these Terms of Service carefully. They contain important information regarding your legal rights, including provisions concerning warranties, limitations of liability, and other matters.

By visiting, accessing, interacting with, or using the Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or our Privacy Policy, you should not access or use the Services.

SECTION 1 — ACCESS AND ACCOUNT

By using the Services, you represent that you are at least the age of majority in your state, province, or jurisdiction of residence, or that you have the consent of a parent or legal guardian where required by law.

You may be required to provide certain information when using the Services or placing an order, including your name, email address, billing information, payment information, and shipping address.

You agree that all information you provide is accurate, current, and complete and that you have the right to provide such information.

If you create an account, you are responsible for maintaining the confidentiality and security of your account credentials and for activity occurring through your account. Please notify us promptly if you believe your account has been accessed or used without authorization.

SECTION 2 — PRODUCTS AND PRODUCT INFORMATION

We make reasonable efforts to display and describe our products as accurately as possible, including information regarding materials, dimensions, finishes, stones, colors, and other characteristics.

However, the appearance of products may vary depending on your screen, device, display settings, lighting conditions, photography, and other factors.

Because jewelry is produced and finished individually, minor variations in appearance, dimensions, finish, stone placement, or other details may occur. Such variations do not necessarily constitute a defect.

Product photographs, renderings, videos, illustrations, and other visual representations are provided to help communicate the appearance and design of our products. Actual products may vary slightly from their visual representations.

Unless otherwise stated, product dimensions and measurements are approximate.

Product descriptions, specifications, availability, and pricing may be updated or corrected at any time.

We reserve the right to discontinue a product or limit the quantities available for purchase.

SECTION 3 — JEWELRY MATERIALS AND NATURAL WEAR

Jewelry materials and finishes may naturally change with wear and over time.

Sterling silver may tarnish when exposed to air, moisture, skin chemistry, or environmental conditions.

Gold-plated finishes may gradually wear depending on frequency of use, friction, skin chemistry, exposure to moisture, cosmetics, chemicals, and other factors.

Normal tarnishing, scratching, fading, or gradual wear of a plated finish resulting from ordinary use is not necessarily considered a manufacturing defect.

Customers should follow the care instructions provided in our Jewelry Care Guide to help preserve the appearance and condition of their jewelry.

SECTION 4 — ORDERS

When you submit an order, you are making an offer to purchase the products included in that order.

Receipt of an order confirmation does not necessarily constitute final acceptance of the order.

Hemarien reserves the right, subject to applicable law, to decline, limit, or cancel an order for reasons including:

Product unavailability
Suspected fraud or unauthorized activity
Pricing or listing errors
Payment authorization issues
Quantity limitations
Shipping restrictions
Other circumstances that prevent us from fulfilling the order

If we cancel an order after payment has been received, the applicable amount will be refunded to the original payment method.

Please review your order carefully before submitting it. Once an order enters processing or has shipped, we may be unable to modify or cancel it.

Purchases are subject to our Return and Refund Policy.

SECTION 5 — PRICING, PAYMENT, AND TAXES

Prices, promotions, discounts, and product availability may change without notice.

The price charged will generally be the price displayed when your order is submitted, subject to correction of obvious errors.

Unless otherwise stated, displayed product prices do not include applicable taxes, shipping charges, customs duties, import taxes, brokerage fees, or similar charges.

Applicable charges will be displayed during checkout when available.

You agree to provide current, complete, and accurate billing and payment information.

By submitting payment information, you represent that you are authorized to use the selected payment method.

We reserve the right to correct pricing, promotional, or product-information errors. If an error materially affects an order that has already been placed, we may contact you with the corrected information and provide appropriate options, including cancellation where applicable.

SECTION 6 — SHIPPING AND DELIVERY

Orders are typically processed and prepared for shipment within the timeframe stated in our Shipping & Handling Policy.

Processing time and carrier transit time are separate.

All delivery dates and transit times are estimates unless expressly stated otherwise. Delivery may be affected by carrier operations, weather, holidays, customs processing, incorrect addresses, or other circumstances outside Hemarien’s reasonable control.

Once your order has shipped, tracking information will generally be provided when available.

If a significant delay affects our ability to ship your order within the timeframe communicated to you, we will provide an updated estimate and any options required under applicable law.

Issues involving delayed, damaged, incorrect, or missing deliveries will be handled in accordance with our Shipping & Handling Policy.

Nothing in these Terms transfers risk of loss to you earlier than permitted by applicable law.

SECTION 7 — RETURNS, EXCHANGES, AND REFUNDS

Returns, exchanges, and refunds are governed by our Return and Refund Policy.

Eligible items may generally be returned within 14 days of delivery, subject to the conditions and exclusions stated in that policy.

Returned merchandise must satisfy the applicable return eligibility requirements.

Customized or personalized items, gift cards, and merchandise identified as Final Sale are not eligible for return or exchange except where otherwise required by law or where an item arrives damaged, defective, or incorrect.

Please review our Return and Refund Policy before initiating a return.

Nothing in these Terms limits any non-waivable consumer rights provided by applicable law.

SECTION 8 — INTELLECTUAL PROPERTY

Unless otherwise indicated, the Services and their contents—including the Hemarien name, logos, emblems, jewelry designs, product imagery, photography, graphics, illustrations, text, videos, audio, website design, layouts, and other original materials—are owned by or licensed to Hemarien and may be protected by copyright, trademark, trade dress, design, and other intellectual-property laws.

The Services are provided for your personal, non-commercial use.

Except as permitted by applicable law or with prior written permission from Hemarien, you may not reproduce, copy, modify, distribute, publish, display, sell, license, create derivative works from, or commercially exploit materials from the Services.

Nothing contained in the Services grants you ownership of or a license to Hemarien intellectual property except as expressly stated in these Terms.

Third-party names, trademarks, services, or content appearing on the Services remain the property of their respective owners.

SECTION 9 — OPTIONAL TOOLS AND THIRD-PARTY SERVICES

The Services may provide access to tools, features, applications, payment processors, social-media integrations, or other services operated by third parties.

Your use of third-party services may be governed by the terms and privacy policies of those providers.

We do not control third-party services and are not responsible for their independent practices, content, availability, or security, except to the extent responsibility cannot legally be excluded.

We may introduce additional tools or features in the future. Unless otherwise stated, such features will form part of the Services and will be subject to these Terms.

SECTION 10 — THIRD-PARTY LINKS

The Services may contain links to websites or resources operated by third parties.

We are not responsible for evaluating or guaranteeing the accuracy, content, security, availability, products, services, or practices of third-party websites.

If you choose to access a third-party website, you should review its applicable terms and privacy practices.

Transactions entered into directly with third parties are governed by the terms applicable to those third parties.

SECTION 11 — RELATIONSHIP WITH SHOPIFY

Hemarien is powered by Shopify, which provides the e-commerce infrastructure that enables us to offer the Services.

Purchases made through the Hemarien store are transactions between you and Hemarien.

Shopify is not the seller of Hemarien products and is not responsible for Hemarien’s fulfillment of orders, product quality, returns, or other obligations arising from purchases made from Hemarien, except to the extent otherwise provided by Shopify directly or required by law.

This section reflects the relationship described in Shopify’s original Terms template.

SECTION 12 — PRIVACY

Personal information collected through the Services is handled in accordance with our Privacy Policy.

Because the Services are hosted by Shopify, Shopify may also collect and process information relating to your access to and use of the Services in accordance with Shopify’s own privacy practices.

Please review our Privacy Policy for additional information concerning how personal information is collected, used, disclosed, and protected.

SECTION 13 — REVIEWS, FEEDBACK, AND USER CONTENT

If you submit a review, photograph, comment, suggestion, feedback, or other content to Hemarien, you represent that you have the right to submit that content and that doing so does not violate the rights of another person.

You grant Hemarien a non-exclusive, worldwide, royalty-free license to use, reproduce, publish, display, distribute, and adapt content you voluntarily submit to us for purposes including operating, improving, and promoting Hemarien and its products, subject to applicable law.

We are not obligated to publish, maintain, or respond to submitted content.

We may remove content that we reasonably determine is unlawful, fraudulent, abusive, defamatory, obscene, infringing, misleading, or otherwise inappropriate.

You remain responsible for the accuracy and legality of content you submit.

If content is submitted in connection with compensation, gifts, discounts, or another incentive, applicable disclosure requirements must be followed.

SECTION 14 — ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, information on the Services may contain typographical errors, inaccuracies, or omissions relating to matters such as product descriptions, availability, pricing, promotions, shipping charges, or delivery estimates.

We reserve the right to correct errors, inaccuracies, or omissions and to update information where appropriate.

If an error materially affects an order that has already been placed, we will handle the order in accordance with applicable law and, where appropriate, contact you regarding available options.

SECTION 15 — PROHIBITED USES

You may use the Services only for lawful purposes.

You may not use the Services to:

Violate any applicable law or regulation
Infringe the intellectual-property or other rights of Hemarien or another party
Engage in fraud or provide intentionally false information
Harass, threaten, abuse, or harm another person
Introduce viruses, malware, malicious code, or other harmful technologies
Attempt to interfere with or circumvent the security or operation of the Services
Collect personal information about others without authorization
Send spam or unauthorized commercial communications
Impersonate another person or entity
Use automated systems to access, scrape, extract, reproduce, or exploit the Services in violation of these Terms or applicable law
Use Hemarien content, product imagery, designs, or data for unauthorized commercial purposes

We may restrict or terminate access to the Services if we reasonably believe these Terms have been violated.

SECTION 16 — AUTOMATED SYSTEMS AND AI AGENTS

Automated tools, bots, agents, scraping systems, artificial-intelligence systems, or similar technologies may not access or interact with the Services in a manner that:

Circumvents technical restrictions
Conceals automated activity
Bypasses security measures
Scrapes or extracts protected content without authorization
Violates applicable law
Infringes Hemarien’s intellectual-property rights
Materially interferes with the Services

We reserve the right to use reasonable technical measures to restrict automated access to the Services.

SECTION 17 — TERMINATION

We may suspend or terminate access to all or part of the Services where reasonably necessary, including where we believe you have violated these Terms, engaged in fraudulent activity, interfered with the Services, or created a security or legal risk.

Termination does not affect obligations or rights that arose before termination.

Provisions that by their nature should continue after termination—including intellectual-property provisions, disclaimers, liability limitations, indemnification obligations, governing-law provisions, and other applicable provisions—will survive termination.

SECTION 18 — DISCLAIMER OF WARRANTIES

To the fullest extent permitted by applicable law, the Services are provided on an “as is” and “as available” basis.

Except for warranties expressly provided by Hemarien or rights that cannot legally be waived, we do not make additional representations or warranties regarding the uninterrupted availability, security, or error-free operation of the Services.

To the fullest extent permitted by applicable law, implied warranties that may otherwise apply are disclaimed to the extent such warranties may legally be excluded.

Nothing in these Terms excludes, restricts, or modifies any warranty, guarantee, or consumer right that cannot lawfully be excluded or limited.

SECTION 19 — LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Hemarien will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages arising from or related to use of the Services or products purchased through the Services, including lost profits, lost revenue, loss of data, or similar losses.

Where liability cannot lawfully be excluded, Hemarien’s liability will be limited only to the extent permitted by applicable law.

Nothing in these Terms is intended to exclude or limit liability that cannot legally be excluded or limited.

Because some jurisdictions do not permit certain exclusions or limitations of liability, some of the limitations above may not apply to you.

SECTION 20 — INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless Hemarien and its service providers, contractors, representatives, and agents from third-party claims, losses, liabilities, damages, or reasonable legal expenses arising from:

Your material breach of these Terms;
Your violation of applicable law;
Your infringement of the rights of another person; or
Your misuse of the Services.

This obligation does not apply to claims caused by Hemarien’s own conduct where liability cannot lawfully be shifted to you.

SECTION 21 — SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the fullest extent permitted by law or severed where necessary.

The remaining provisions will continue in full force and effect.

SECTION 22 — WAIVER AND ENTIRE AGREEMENT

Our failure to enforce a provision of these Terms does not constitute a waiver of that provision or any other right.

These Terms, together with policies incorporated or referenced herein, constitute the agreement governing your use of the Services, except where separate terms expressly apply.

If another Hemarien policy specifically governs a particular matter, such as returns or privacy, that policy will control with respect to that subject where appropriate.

SECTION 23 — ASSIGNMENT

You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

Hemarien may assign or transfer its rights and obligations in connection with a sale, reorganization, restructuring, transfer of the business, or similar transaction, subject to applicable law.

SECTION 24 — GOVERNING LAW

These Terms and your use of the Services are governed by the laws of the State of New York, without regard to conflict-of-law principles, except where applicable consumer law requires otherwise.

To the extent permitted by applicable law, disputes arising under these Terms may be brought in the appropriate state or federal courts having jurisdiction where Hemarien is based in New York.

Nothing in this section deprives a consumer of protections or rights that cannot legally be waived under the laws applicable to that consumer.