Terms of Service

Terms of service

Shimmer Designz Ltd. (Shimmer Designz)                                    

Last Updated March 9, 2024

In using our website, www.ShimmerDesignz.com you are deemed to have read and agreed to the following terms and conditions: Shimmer Designz Specializes in the high-end jewelry business. Your use of the Site is subject to these Terms and Conditions (“Terms”), you must agree to these Terms before using the Site or any of the services offered through the Site (collectively, the “Service”). These Terms constitute a binding contract between Shimmer Designz Ltd. (“company”, “we” or “us”) and you (“you”). We suggest that you print out a copy of these Terms for your records.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Customer and ourselves, or either the Customer or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Customer in the most appropriate manner. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

SERVICES

Shimmer Designz specializes in the high-end jewelry business. This Agreement between Shimmer Designz and the User (referred to as "you") is effective upon your placing of an order with Shimmer Designz and shall by itself constitute acceptance of these terms and conditions to the exclusion of any additional terms or conditions stated on your order form or any other document referenced by you.

OWNERSHIP

All content found on this site and throughout the merchandise including images, documentation, support queries and any other information is property of Shimmer Designz and may not be redistributed without permission or consent.  The content on the site is protected by copyright law and international conventions and is the property of its owner. Any unauthorized use of the content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes. Certain documents published on the site may contain other restrictions, proprietary notices and/or copyright information relating to that individual document, including but not limited to notices that limit or prohibit your ability to make copies of that document. Please review all additional notices before making any copies.

ADVERTISEMENTS AND OTHER LINKS TO THIRD PARTY SITES.

The site may contain links to other Internet sites. Shimmer Designz provides such links for your convenience and is not responsible for the content of any website linked to or from this site. Links to any other website do not mean that Shimmer Designz approves of, endorses, or recommends that website. Shimmer Designz disclaims all warranties, express or implied, as to the accuracy, legality, reliability, or validity of any content on any other website.

The advertisements and other linked sites are not part of the Site and are not under our control. Consequently, we are not responsible for the accuracy, legality, decency, availability or content of any advertisement on our Site, any linked site, any link contained in a linked site, or any changes or updates to such sites. We provide the links to you only as a convenience, and we do not endorse the advertiser, the merchandise or service advertised, the linked site or its use or contents. You use the links at your own risk. You hereby irrevocably waive any claim against us with respect to any such advertisements or third-party sites.

WARRANTY AND INDEMNIFICATION

  1. No Warranty. You recognize and agree that we have made no implications, warranties, promises, suggestions, projections, representations or guarantees whatsoever to you concerning your purchase of the merchandise.
  2. Use at Your Own Risk. Any listing on the Site may be updated, changed, modified, withdrawn, sold or rented at any time without notice. Any furnishings, decorations and artist representations are provided for illustrative purposes only. All square footage and dimensions are approximate. The information contained on the Site is not intended to be comprehensive, and may not be accurate, up-to-date or applicable to any particular product.
  3. Indemnification. By choosing to use the Site, you agree to indemnify, defend and hold harmless the Shimmer Designz from any and all claims or damage, including attorney’s fees, arising out of or related to: (1) Content you choose to submit, post or transmit through the Site; (2) your use of or connection to the Site; (3) your violation of these Terms; or (4) your violation of any rights of another.
  4. Limitation of Liability. To the extent permitted by applicable law, no member of Shimmer Designz shall be liable to you or any other third party for any direct, indirect, incidental, special, punitive or consequential damages arising out of your access to or use of the Site or any information contained in it, or your inability to gain access to or use the Site, or any breach of any warranty, even if Shimmer Designz has been advised of the possibility of such damages. If you are dissatisfied with any portion of the site or the service, or with any of these terms, your sole and exclusive remedy is to discontinue using the site and the service.

AMENDMENTS

  1. Changes to Terms. At any time and for any reason, Shimmer Designz may change or update these Terms, which include the Privacy Policy and any other agreement that is incorporated by reference into these Terms, without notice to you. Any change or update made by us will be prospective only. You can always find the most recent version of the Terms here. In case of inconsistencies between these Terms and any materials provided off-line, these Terms will always control.
  2. Your Obligation to Stay Current. It is critical that you keep your email contact information correct and updated with Shimmer Designz at all times. In addition, we encourage you to check back regularly to review these Terms.
  3. Changes to Service. We reserve the right to modify or discontinue, and restrict or block access to, the Service without notice to you. We may modify or remove any Content from the Service at any time without notice to you, including removal of Content that we believe to be objectionable. We are not liable for any such modification, suspension, discontinuance or removal, and any such action by us.

CONFIDENTIALITY

Customer records are regarded as confidential and therefore will not be divulged to any third party, other than if legally required to do so to the appropriate authorities. Customers have the right to request copies of any and all Records we keep, on the provision that we are given reasonable notice of such a request.

We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.

DISCLAIMER

Exclusions and Limitations Great care has been taken to ensure that the information available on this Website is correct and error free. We apologize for any errors or omissions that may have occurred. We cannot warrant that use of the Website will be error free or fit for purpose, timely, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.

The merchandise sold by us are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, and bodily injury due to exposure or wear from the materials used in jewelry which can be a cause of allergic dermatitis. This is an inflammation of the skin, ranging from simple localized redness and itchiness to more serious skin lesions.

Sources of allergies:  Sources of jewelry allergies include not only the different types of metals and alloys, but also various stones and pearls, color dyes and coatings. These allergies are usually localized and more predominant in areas of friction and perspiration.

By accepting these terms of use you agree to relieve us from any liability whatsoever arising from your use of our merchandise now or any use in the future.

PRICE AND PAYMENT  

PRICE CHANGES

Shimmer Designz reserves the right to modify, change, cancel or upgrade a merchandise or product without prior notice or consent.  Prices of all merchandise are subject to change without prior notice or consent.

THIRD-PARTY LINKS

We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

MISCELLANEOUS

  1. Agreement to Conduct Transactions Electronically. All of your transactions with or through the Site may, at our option, be conducted electronically from start to finish. If the law allows you to withdraw this consent or if we are ever required to deal with you non-electronically, we reserve the right to charge or increase fees and you agree to print or make an electronic copy of the Terms and any other contract or disclosure that we are required to provide to you.
  2. Interpretation .The paragraph headings in these Terms are included to help make these Terms easier to read and have no binding effect. As used in these Terms, the words “include” and “including” are meant to be illustrative and not exhaustive.
  3. Third Party Rights. These Terms are for the sole benefit of Shimmer Designz our officers, directors, employees, affiliates, and agents. No other person, including any user of the Site, shall have the right to assert a claim under these Terms.
  4. Severance. If any part of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full effect, provided that the allocation of risks described in these Terms is given effect to the fullest extent possible.
  5. Assignment. These Terms are personal to you and you may not transfer, assign or delegate them to anyone without the express written permission of Shimmer Designz. Any attempt by you to assign, transfer or delegate these Terms without the express written permission of Shimmer Designz will be null and void. Shimmer Designz has the right to transfer, assign and delegate these Terms to one or more third parties without your permission.
  6. Export Limitations. This Site is controlled by us from our offices in Canada and is directed to Canadian users. If you access the Site from locations outside Canada, you do so at your own risk and you are responsible for compliance with applicable local laws. You may not use or export anything from the Site in violation of Candian export laws and regulations or the Terms.
  7. Jurisdiction; Choice of Law; Waiver of Jury Trial. These Terms and all performances and claim of every nature between us are governed by the laws of Canada without regard to any conflict of laws principles that would result in the application of the law of a different jurisdiction. You and Shimmer Designz submit to the exclusive personal jurisdiction and venue of the courts located within of Canada. The parties hereto waive any right to request a trial by jury.
  8. Limitations on Actions. Any action concerning any dispute with respect to the Site must be commenced within one year after the cause of the dispute arises, or the cause of action is barred.
  9. Entire Agreement. These Terms comprise the entire agreement between you and Shimmer Designz with respect to the use of the Site and supersede all contemporaneous and prior agreements between the parties regarding the subject matter contained herein.
  10. No Waiver. The failure of any party to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or that party’s right to act with respect to subsequent or similar breaches.
  11. Third Party Vendor. Our website and contact center may be staffed by a third-party vendor to support, screen, and answer telephone, email, text, and internet customer inquiries about Shimmer Designz. Any information collected is confidential and is not shared with any other parties.

CONTACT INFORMATION

SHIMMER DESIGNZ  

Contact Email: info@shimmerdesignz.com