The following Terms and Conditions (hereinafter “the Agreement”) represent a legally binding contract between you (hereinafter “the User”) and Christine Jewellers Ltd. (hereinafter “the Company”), regulating use of the Company’s websites, located at www.ChristineJewellers.com (hereinafter “the Sites”), or those of the Company’s partners, subsidiaries and affiliates, and regulating any orders for merchandise that are placed via such Sites.

USE OF THE SITES CONSTITUTES THE USER’S IMPLICIT PROMISE TO ABIDE BY THE PRESENT AGREEMENT.

1. User Agreement

 

1.1 Entire Agreement

The present Agreement represents the entire agreement between the User and the Company with regard to the matters covered by its content.

1.2 Validity

In the event of a legal dispute, a printed copy of the present Agreement and any related modification or notification which has been previously provided in electronic format shall have the same validity and weight as any similar document which has been conserved in hardcopy format.

1.3 Severability

Should any term of the present Agreement become or be deemed invalid in a court of law for any reason, this shall have no effect on the remaining terms herein, which shall retain their full, legal validity and corresponding obligations.

1.4 Modifications

From time to time, in its sole discretion, the Company may see fit to modify the present Agreement without prior notice.  In the event of such modifications, the User will be advised by means of a public posting on the Sites.  All modifications, whether the result of legal requirements or changes to Company policy, shall take effect at the time they are posted.  For this reason, it is strongly advised that the User review the Agreement terms periodically in order to familiarize him/herself with the currently active version.  The User’s continued use of the Sites shall constitute his/her implicit acceptance of the amended Agreement.  Should the User object to any part of the amended Agreement he/she must immediately refrain from using the Sites.

 

2. Use of the Sites

 

2.1 User Information

Upon creating an account or placing an order on the Sites, the User implicitly warrants that the information provided is accurate and complete to the best of his/her knowledge.  In the event that any information has been falsified or should there exist reasonable grounds to believe that this is the case, the Company reserves the right to suspend or terminate the User account and deny the User’s continued access to the Sites.

2.2 Passwords

During the registration process, the User will be prompted to create a user name and password.  The User is solely responsible for the confidentiality of this information and shall be held personally responsible for any and all activity that takes place under his/her account.  In order to promote the security of his/her account, the User agrees to log off upon completing each session.  In the event of any unauthorized use of an account or password, the User agrees to inform the Company immediately.  Failure to abide by the abovementioned security measures shall release the Company from all liability related to any consequential loss or damage.

2.3 Licensing

Upon registration, the User will obtain a limited, non-transferable license to access and use the Sites.  Except as prohibited by law, the User is hereby granted permission to copy, whether in electronic or printed format, materials from the Sites (“the Materials”) for his/her personal, non-commercial use.  This license may be revoked at any moment and for any reason at the Company’s sole discretion.  Possible grounds for revoking the User’s license include, without limitation, the following:

a. Use of the Materials, listings, photographs or merchandise descriptions for unauthorized commercial purposes;

b. Public distribution or display of the Materials without obtaining prior permission from the Company;

c. Modification or derivative use of the Materials or any components thereof;

d. Use of automated methods, including data miners, robots, spiders and other related technologies, for purposes of extracting information or otherwise interacting illicitly with the Sites;

e. Unauthorized download of the Sites or Materials; and

f. Use of technology which interferes with the proper functioning of the Sites, such as that which results in pop-up or other types of windows, expanding buttons or banner advertisements.

In addition to constituting a violation of the present Agreement, such activities may be deemed illegal, in conformity with copyright and trademark laws and/or any current statutes related to communications.

2.4 Breaches of Security

The User is strictly prohibited from breaching or attempting to breach the security of the Sites.  Such breaches include, without limitation, the following:

• a. Unauthorized access to data or to an account other than that of the User;
• b. Probing, scanning or testing the Sites for purposes of detecting vulnerabilities;
• c. Interfering with the Sites’ accessibility or function by means of introducing a virus, spamming, overloading, crashing or other related methods;
• d. Promoting or advertising the User’s merchandise or services without obtaining prior permission; and
• e. Forging the header or any other information in a Company email, newsletter or similar communication vehicle.

In addition to violating the terms of the present Agreement, such unauthorized actions may be deemed illegal and therefore subject to criminal and/or civil proceedings.  For purposes of protecting of the User, the Company may covertly monitor and record activity on the Sites.  Any information gathered by this method may be reviewed by the appropriate law enforcement officials in the course of investigating or prosecuting suspected criminal activity on the Sites.  The Company shall cooperate fully in any such investigation.

2.5 Intellectual Property Rights

All of the Materials appearing in the Company’s Sites are considered the intellectual property of the Company.  These include the merchandise, images, text, designs, icons, programs and any other Materials that are distributed through the Sites.  These Materials are either owned, controlled or licensed by the Company, its subsidiaries or affiliates or are the property of third parties, whose Materials appear on the Sites through a mutual arrangement.  As such, these Materials are protected under Canadian copyright, patent, trademark and trade secret laws, as well as any corresponding state, federal and international intellectual property laws and regulations.  Unless specifically indicated to the contrary, no part of the present Agreement should be interpreted, either expressly or implicitly, as granting any license to intellectual property rights.  The User agrees not to reproduce, modify, publish, translate, distribute, transmit, display, reverse engineer, decompile, commercialize or in any other way exploit the Materials of the Sites, except in the manner permitted under Section 3.3 of the present Agreement.  The User is hereby advised that the Company shall take every measure to enforce its intellectual property rights by means of any remedy available under the law.

2.6 User Content

By submitting content (hereinafter “User Content”) to the Sites, including without limitation, ideas, suggestions, information or other Materials, the User agrees to grant the Company the royalty-free, perpetual, irrevocable and non-exclusive right to use, reproduce, modify, publish, translate, distribute, transmit and display such User Content or any portion thereof worldwide and/or to utilize it in other contexts, including without limitation, any format, media or technology currently available or developed in the future, or for purposes of developing, manufacturing and commercializing merchandise or services derived from such User Content.  The Company is under no obligation whatsoever to compensate the User for such Materials and by submitting them to the Sites, the User implicitly agrees to waive and forfeit his/her intellectual property rights associated with such User Content.

2.7 User Responsibilities

The User agrees to use the Sites and any merchandise purchased from the Company in conformity with the present Agreement and any corresponding local, state, federal and international laws.  Furthermore, the User agrees to indemnify and hold the Company, its subsidiaries, affiliates, employees, agents, officers, partners, representatives, shareholders, attorneys, successors and assigns harmless in the event of any claim, legal proceeding, damage, injury, liability, loss or expense, including reasonable legal fees, resulting from his/her use of the Sites or any breach of the present Agreement on the part of the User.  Additionally, the User agrees to waive and release the Company from any rights to compensation or indemnity to which he/she may otherwise be entitled.  The Company reserves the right to defend and control any matter that is subject to indemnification by the User and the User hereby agrees to cooperate fully in such defence.

2.8 Termination by the Company

The present Agreement shall remain in effect until it is terminated by one or both parties.  The Company may terminate the User’s account at any moment without notice should it find that the User has violated or failed to abide by any part of the present Agreement.  As a consequence, the User shall be denied further access to and use of the Sites.  However, the User recognizes that all restrictions with regard to intellectual property, disclaimers and limitation of liability and responsibility shall survive the present Agreement.  Furthermore, should the Company fail to take action in the event of a breach of the present Agreement, this shall not work to the detriment of the Company’s right to pursue any remedy available under the law in the event of a subsequent breach.

2.9 Termination by the User

Likewise, the User may terminate the present Agreement at any moment, with the condition that he/she shall immediately refrain from any further use of the Sites or Materials, excepting any merchandise that the User may have purchased previously via the Sites.

3. Merchandise and Orders

 

3.1 Merchandise Availability

Should the User wish to purchase merchandise that is currently out of stock, he/she may contact the Company for an estimated date when the merchandise will be made newly available.  In the event that the User attempts to purchase merchandise that has become unavailable before the Company has had the opportunity to indicate this fact on the Sites, the Company will contact the User personally in order to discuss alternative options.

3.2 Merchandise Information

Although every effort is made to provide accurate merchandise information, from time to time an error may occur due to an oversight or system failure.  Should this happen, the Company apologizes for any possible inconvenience and will take measures to correct the problem in a timely manner.

3.3 Merchandise Colors

While the Company makes every effort to display an accurate color representation of the merchandise offered for sale on the Sites, these can vary depending on the configuration and brand of the User’s monitor.  Therefore, the Company can make no claims as to the accuracy of the colors displayed on the User’s computer equipment.

3.4 Merchandise Pricing

Although the Company makes every effort to ensure the accuracy of the pricing information appearing on the Sites, from time to time a typographical or system error may occur.  The Company is unable to confirm the price of merchandise until the User has placed an order.  Should an error subsequently be discovered, the Company reserves the right to refuse or cancel any affected orders and notify the User of such decision or alternatively, the Company may contact the User with cancellation instructions.  However, in any event, the Company is under no obligation whatsoever to honour erroneous pricing information.

3.5 Changes Initiated by the Company

The Company reserves the right to add, remove or modify the merchandise and services offered on the Sites, including pricing and availability, at any moment and without prior notice.  The User should feel free to contact the Company via email at info@christinejewellers.com or by telephone at 1 (800) 886-5215 with any questions or concerns.

3.6 Release of Responsibility

The Company shall not be held liable for damages resulting from any error, omission or modification, whether in its catalogues, advertisements, websites, glossaries or supplemental materials.

3.7 Order Acceptance

The Company reserves the right to refuse service to any customer or to cancel any order for any reason, as it may see fit.  Possible motives for cancelling an order may include lack of inventory, erroneous merchandise information or suspicion of fraudulent activity.  For purposes of processing an order, the Company may request additional information from the User.  In this case or in the event of cancellation of the User’s order, the User will be contacted by the Company.  Should an order be cancelled after having been paid by credit card, the Company will issue a credit to the same card in the amount of the purchase.  It should be noted that the sole purpose of the confirmation email is to verify that an order has been received and this should not be interpreted as final acceptance of the order.

3.8 Restrictions on Quantities

At its sole discretion, the Company may establish an upper limit on the quantity of merchandise sold to the User.  This may apply to orders that have been placed through a specific User account, shipped to a specific address or paid with a specific credit card.  In the event that the Company determines the necessity of enforcing such restrictions, the User will be notified via email and/or via regular mail at the billing address.  Furthermore, the Company reserves the right to forbid sales to vendors.

3.9 Transport Information

Upon approval of the order, the Company transports all merchandise that has been purchased via Canada Post or Federal Express.  The merchandise will be delivered within approximately four (4) business days via standard transportation within Canada.  However, should the User desire delivery within two (2) business days, he/she may request express delivery for an additional fee.  It should be noted that the above mentioned estimated delivery times do not include order processing, which may require approximately two (2) days in the case of merchandise currently in inventory.  Additional fees shall apply to all merchandise transported outside of Canada, including to the United States and all countries outside of North America.  A physical address must be supplied, as the Company is unable to transport merchandise to PO boxes, and in the case of extremely large or weighty merchandise, the Company is unable to transport such items to Army and Air Force Post Office or Fleet Post Office addresses.

3.10 Returns

Should the User be dissatisfied with merchandise purchased via the Sites for any reason, he/she shall be entitled to a full refund, exchange or credit, subject to the following conditions:

• a. The merchandise must be returned within ten (10) days from the date of purchase in the case of watches or within thirty (30) days from the date of purchase in the case of all other merchandise;
• b. The merchandise must be returned in its original packaging;
• c. The User shall be responsible for prepaying all return transport fees;
• d. The User must secure insurance for the shipment, as failure to do so shall result in the User being held responsible for any loss or damage that may occur during transport;
• e. All related warranties and receipts must accompany the returned merchandise; and
• f. The merchandise must not show any indications of wear or modification.

 

4. Limits of Responsibility

 

4.1 Third Party Sites

From time to time, the Company may display links to third-party websites through mutual arrangement.  The User understands that should he/she choose to follow these links, this will be undertaken at his/her sole risk.  The Company is not responsible for the content of such sites and the inclusion of such links on the Company’s Sites should not be interpreted as any manner of endorsement of the third party or the content of its sites.  The Company does not guarantee the accuracy or completeness of any information such sites may contain and is under no obligation whatsoever to verify such information.

4.2 Privacy Policy

The Company includes its Privacy Policy in the present Agreement by reference only, without detriment to the full validity and enforceability of the same.  Should a discrepancy arise between the terms of the present Agreement and those of the Privacy Policy, the Privacy Policy shall take precedence.

4.3 Use of the Internet

The Company makes no warranty that the Sites or servers are free from viruses or other harmful elements.  The User recognizes that use of the Internet is undertaken at his/her sole risk.  Although the Company makes every effort to maintain the security and integrity of the Sites, it shall not be held responsible for the security of information transmitted over the Internet or for the secure and timely completion of any transaction.  The Company makes no guarantee whatsoever that the Sites will be accessible, secure or free of interruptions and errors.

4.4 Disclaimers

The User recognizes that the Sites are provided “as is” and the User understands that accessing them is undertaken at his/her sole risk.  The Company can make no warranties or guarantees, either express or implicit, as to the correct functioning of the Sites or Materials or as to their merchantability or suitability for a specific purpose.  It is advisable that the User consult the laws of his/her state, as certain states do not permit time limitations on implied warranties.  Should this be the case, the User recognizes that this clause shall not apply, without detriment to the remaining terms of the present Agreement, in conformity with Section 1.3.  It should be noted that this disclaimer does not extend to manufacturer warranties on the merchandise available for purchase via the Sites.

4.5 Limits of Liability

Under no circumstances shall the Company, its subsidiaries, affiliates, officers, members or employees be held liable for damages of any kind, whether caused directly or indirectly, including without limitation, loss of use, profits or data, which results from use of the Company’s Sites, merchandise or services, including loss or damages caused by errors, omissions, interruptions, deletions, delays, defects or viruses, regardless of whether these are the result of Force Majeure, system or communication failures, theft, vandalism, unauthorized access to the Company’s records, programs or services, whether by the User or a third party, acts of the military or police, strikes, embargos, war, riots or terrorism.

4.6 Legal Jurisdiction

The Sites are owned and controlled by the Company, whose headquarters are situated in the province of British Columbia, Canada.  Regardless of the location from which the User accesses the Sites, with regard to his/her use of the Sites, the User agrees to abide by the current laws and statutes of British Columbia, including when these contradict the laws and statutes in effect in the User’s place of residence.  Furthermore, the User agrees that any legal action or proceeding resulting from the present Agreement or from his/her use of the Sites shall fall under the jurisdiction of the province of British Columbia, Canada.  Nevertheless, this should not be interpreted as releasing the User from his/her responsibility for fully abiding by all local, state, federal and international laws corresponding to Internet use.

 

THE USER WARRANTS THAT HE/SHE HAS READ AND UNDERSTOOD THE FOREGOING AND RECOGNIZES THAT USE OF THE SITES CONSTITUTES HIS/HER IMPLICIT PROMISE TO ABIDE BY THE PRESENT AGREEMENT.