TERMS & CONDITIONS

Last updated February 01, 2025

Welcome to Kearla Jewellery (referred to as 'Company,' 'we,' 'us,' or 'our'). These terms and conditions ('Legal Terms') govern your access to and use of our website https://kearlajewellery.com (the 'Site'), along with any related services, features, or content that link to or reference these Legal Terms (collectively, the 'Services').

By accessing or using the Services, you confirm that you have read, understood, and agree to be bound by these Legal Terms. If you do not agree with all of these Legal Terms, you are expressly prohibited from using the Services and must discontinue use immediately.

You can contact us at support@kearlajewellery.com for inquiries or support related to these Legal Terms or the Services.

Additional terms and conditions may apply to certain features, services, or content provided through the Services. Any such supplemental terms are incorporated into these Legal Terms by reference. In the event of a conflict between these Legal Terms and the supplemental terms, the supplemental terms will govern.

We may update these Legal Terms from time to time at our sole discretion. When changes are made, we will revise the 'Last updated' date at the beginning of these Legal Terms. It is your responsibility to review these Legal Terms periodically to stay informed of updates. Your continued use of the Services after the revised Legal Terms are posted constitutes your acceptance of the changes.

The Services are intended for users who are 18 years of age or older. By using the Services, you confirm that you meet this age requirement. Individuals under the age of 18 are not permitted to use or register for the Services.

We recommend that you print or save a copy of these Legal Terms for your records.

TABLE OF CONTENTS

  1. Our Services
  2. Intellectual Property Rights
  3. User Representations
  4. User Registration
  5. Products
  6. Purchases And Payment
  7. Return Policy
  8. Prohibited Activities
  9. User Generated Contributions
  10. Contribution License
  11. Guidelines For Reviews
  12. Social Media
  13. Third-Party Websites and Content
  14. Services Management
  15. Privacy Policy
  16. Term and Termination
  17. Modifications and Interruptions
  18. Governing Law
  19. Dispute Resolution
  20. Corrections
  21. Disclaimer
  22. Limitations of Liability
  23. Indemnification
  24. User Data
  25. Electronic Communications, Transactions, and Signatures
  26. SMS Text Messaging
  27. California Users and Residents
  28. Miscellaneous
  29. Contact Us

1. Our Services

The information provided through the Services is not intended for distribution to or use by any individual or entity in any jurisdiction or country where such distribution or use would violate local laws or regulations, or where it would subject us to any registration or regulatory requirements within such jurisdictions. If you choose to access the Services from locations outside the United Kingdom, you do so at your own initiative and are solely responsible for ensuring compliance with applicable local laws.

The Services are not designed to comply with industry-specific regulations, including but not limited to the Health Insurance Portability and Accountability Act (HIPAA), the Federal Information Security Management Act (FISMA), or any other similar laws. Therefore, if your use of the Services would be subject to such regulations, you may not use the Services. Additionally, you agree not to use the Services in any manner that would violate the Gramm-Leach-Bliley Act (GLBA) or any other applicable laws.

2. Intellectual Property Rights

Our Intellectual Property

We own or are the licensee of all intellectual property rights in our Services, including, but not limited to, source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the 'Content'), as well as the trademarks, service marks, and logos contained therein (the 'Marks').

Our Content and Marks are protected by copyright, various other intellectual property laws, and unfair competition laws and treaties worldwide.

The Content and Marks are provided 'AS IS' for your personal, non-commercial use only.

Your Use of Our Services

Subject to your compliance with these Legal Terms, including the 'Prohibited Activities' section, we grant you a limited, non-exclusive, non-transferable, revocable license to:

  • access the Services; and
  • download or print a copy of any portion of the Content to which you have properly gained access,

solely for your personal, non-commercial use.

Except as expressly permitted under these Legal Terms or by prior written consent from us, you may not copy, reproduce, aggregate, republish, upload, post, publicly display, encode, translate, transmit, distribute, sell, license, or otherwise exploit the Services, Content, or Marks for any commercial purpose.

If you wish to use any portion of the Services, Content, or Marks beyond what is outlined here, please contact us at support@kearlajewellery.com. If permission is granted, you must acknowledge us as the owners or licensors of the Services, Content, or Marks, and include visible copyright or proprietary notices when reproducing, displaying, or using our Content.

We reserve all rights not expressly granted to you in the Services, Content, and Marks. Any breach of these Intellectual Property Rights constitutes a material breach of these Legal Terms, immediately terminating your right to use the Services.

Your Submissions

Please carefully review this section and the 'Prohibited Activities' section to understand your rights and obligations when posting or uploading any content through the Services.

Submissions

By sending us any question, comment, suggestion, idea, feedback, or other information about the Services ('Submissions'), you assign to us all intellectual property rights in those Submissions. We will own the Submissions and may use or disseminate them for any lawful purpose without acknowledgment or compensation to you.

Your Responsibilities

When submitting any content through the Services, you agree to:

  1. Confirm that you have read and agree to comply with our 'Prohibited Activities' section.
  2. Agree not to post or upload any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening, sexually explicit, false, inaccurate, deceitful, or misleading.
  3. To the extent permissible by law, waive any moral rights to your Submissions.
  4. Warrant that your Submissions are original or that you have all necessary rights and licenses to submit them, granting us the rights outlined in these Legal Terms.
  5. Represent that your Submissions do not include any confidential information.

You are solely responsible for your Submissions and agree to indemnify us against any and all losses resulting from your breach of this section, any Third-Party's intellectual property rights, or applicable laws.

3. User Representations

By using the Services, you represent and warrant that:

  1. All registration information you submit will be true, accurate, current, and complete.
  2. You will maintain the accuracy of such information and promptly update it as necessary.
  3. You have the legal capacity and agree to comply with these Legal Terms.
  4. You are not a minor in the jurisdiction in which you reside.
  5. You will not access the Services through automated or non-human means, such as bots, scripts, or other similar methods.
  6. You will not use the Services for any illegal or unauthorised purpose.
  7. Your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Services, or any portion thereof.

4. User Registration

To access certain features of the Services, you may need to create an account. You agree to keep your login credentials, including your password, secure and confidential. You are solely responsible for all activity conducted through your account.

We reserve the right, at our discretion, to remove, reclaim, or modify any username you select if we determine it to be inappropriate, offensive, or otherwise objectionable.

5. Products

We strive to present the colors, features, specifications, and details of the products offered through our Services as accurately as possible. However, we cannot guarantee that these representations will be entirely accurate, complete, or free from errors. Additionally, variations in your electronic display may affect how the colors and details of the products appear to you.

All products are offered subject to availability, and we cannot guarantee that any item will be in stock at the time of purchase. We reserve the right to discontinue any product at any time and for any reason. Prices for all products are subject to change without prior notice.

6. Purchases and Payment

We accept the following forms of payment through Stripe:

  • Visa
  • Mastercard
  • American Express
  • Apple Pay
  • Google Pay

When making a purchase through the Services, you agree to provide current, complete, and accurate purchase and account details. You are responsible for promptly updating your account and payment information, including your email address, payment method, and payment card expiration date, to ensure successful transaction processing and communication.

Sales tax will be applied to purchases where required by law. All payments must be made in Pounds Sterling (£), and prices may change at any time without notice.

You agree to pay all charges at the prices displayed at the time of your purchase, including any applicable shipping fees. By placing an order, you authorise us to charge your selected payment provider for the total amount due. In the event of pricing errors, we reserve the right to correct them, even if payment has already been requested or received.

We reserve the right to refuse or cancel any order at our sole discretion. This may include limiting quantities purchased per person, household, or order. Restrictions may apply to orders placed under the same account, payment method, billing address, or shipping address. We may also refuse orders that appear to be made by dealers, resellers, or distributors, based on our sole judgment.

7. Return Policy

All sales are final due to the made-to-order nature of our products. For hygiene reasons, earring purchases are non-refundable and cannot be returned.

If an item arrives damaged, faulty, or doesn't match the description, please contact us within 48 hours. You may be eligible for a refund, repair, or replacement, and we will cover return shipping.

We do not accept order cancellations or offer exchanges. For full details, please refer to our Delivery & Returns page. If you have any further questions or need assistance, feel free to contact us via our contact page or on Instagram.

8. Prohibited Activities

You may only use the Services for the purposes we provide and within the boundaries of these Legal Terms. Any use of the Services for unauthorised or commercial purposes, unless explicitly approved by us, is strictly prohibited.

By accessing or using the Services, you agree not to:

  • Systematically extract or gather data or content from the Services to create or compile a collection, database, or directory without our explicit written permission.
  • Mislead or deceive us or other users, particularly in attempts to gain access to sensitive account information like passwords.
  • Interfere with security features of the Services, including bypassing measures that restrict access or copying of Content.
  • Use the Services to harm, defame, or damage our reputation or that of the Services.
  • Harass, abuse, or harm another individual using information obtained through the Services.
  • Misuse our support services or submit fraudulent reports of abuse or misconduct.
  • Violate any applicable laws, regulations, or legal requirements while using the Services.
  • Link to or frame the Services without our authorisation.
  • Upload or transmit (or attempt to upload or to transmit) harmful materials, such as viruses, malware, or excessive spam, that modify, disrupt, alter, or interfere with the Services' operations.
  • Engage in unauthorised automated activities, including scripts, bots, or data extraction tools.
  • Remove any copyright or proprietary notices from any Content.
  • Impersonate another user or person or attempt to use someone else's account details.
  • Use passive data collection methods (e.g., tracking pixels, cookies, spyware) in a way that compromises privacy or security.
  • Interfere with, disrupt or overburden the Services, servers, or networks connected to the Services.
  • Harass, annoy, intimidate, or threaten our employees, agents, or representatives involved in providing the Services.
  • Attempt to bypass security measures or access restricted areas of the Services.
  • Except as permitted by applicable law, adapt, copy, modify, decipher, decompile, disassemble, or reverse engineer the software or code that powers the Services.
  • Launch or distribute automated tools, such as spiders, scrapers, or unauthorised scripts, that interact with the Services.
  • Employ a purchasing agent or intermediary to conduct transactions through the Services.
  • Make any unauthorised use of the Services, including collecting user information (e.g., email addresses) for purposes like sending unsolicited messages or creating fake accounts.
  • Use the Services to compete with us or engage in any revenue-generating activity without our consent.
  • Utilise the Services to promote or propose the sale of products and services.
  • Promote or sell goods and services or transfer your profile without our approval.

Failure to comply with these restrictions may result in the suspension or termination of your access to the Services.

9. User Generated Contributions

The Services do not currently allow users to submit or post content. However, we may provide opportunities to share or submit content to us or through the Services, including but not limited to text, images, videos, audio, comments, feedback, or other materials (collectively, 'Contributions'). Contributions may be visible to other users or shared through Third-Party platforms, and any content you submit will be governed by our Privacy Policy.

When submitting Contributions, you represent and warrant that:

  • The creation, sharing, transmission, public display, performance, access, download, or reproduction of your Contributions does not and will not infringe upon any proprietary rights, including but not limited to copyrights, patents, trademarks, trade secrets, or moral rights belonging to third parties.
  • You confirm that you either own or have the necessary licenses, rights, permissions, consents, and releases to use and authorise us, the platform, and other users of the platform to use your Contributions as outlined by the platform and these Terms.
  • You possess written consent, releases, and/or permission from any identifiable individual featured in your Contributions, allowing their name or likeness to be included and used as intended by the platform and these Terms.
  • Your Contributions are accurate, truthful, and not misleading.
  • Your Contributions do not constitute unauthorised or unsolicited advertising, promotional content, pyramid schemes, chain letters, spam, bulk emails, or other forms of solicitation.
  • Your Contributions are not obscene, offensive, indecent, lewd, violent, harassing, defamatory, slanderous, or otherwise objectionable (as determined by us).
  • Your Contributions do not ridicule, demean, intimidate, or abuse any person or group.
  • Your Contributions are not used to harass, threaten (as legally defined), or incite violence against an individual or group of people.
  • Your Contributions comply with all applicable laws, regulations, and rules.
  • Your Contributions do not infringe upon the privacy or publicity rights of any third party.
  • Your Contributions do not violate any laws related to child protection, including those prohibiting child pornography or content harmful to minors.
  • Your Contributions do not contain offensive remarks linked to race, ethnicity, gender, sexual orientation, or physical disability.
  • Your Contributions do not breach or link to content that violates these Terms or any applicable laws or regulations.

Any use of the Services that violates these guidelines may result in, among other things, suspension or termination of your account and access to the Services.

10. Contribution License

By using the Services, you agree that we may access, store, process, and use any information or data you provide, in accordance with our Privacy Policy and your account settings.

If you submit suggestions, feedback, or ideas regarding the Services, you agree that we can use them freely for any purpose without compensation to you.

While you retain ownership of any content you contribute, you are solely responsible for it. We do not claim ownership of your Contributions or the intellectual property rights associated with them. However, you agree to indemnify and release us from any liability related to your Contributions, including claims of infringement or harm.

11. Guidelines for Reviews

We may provide areas on the Services where you can leave reviews or ratings. When posting a review, you agree to the following:

  1. Your review must be based on a genuine experience with the person, product, or service being reviewed.
  2. Your reviews must not include offensive language, profanity, or content that is abusive, hateful, racist, or otherwise inappropriate.
  3. Your reviews must not include discriminatory remarks based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability.
  4. Your reviews must not reference or promote illegal activities.
  5. You must not have affiliations with competitors when posting negative reviews.
  6. Your reviews must not include judgments or conclusions about the legality of actions or behaviors.
  7. Your reviews must not contain false, inaccurate, or misleading information.
  8. You must not coordinate or participate in campaigns that encourage others to post reviews, whether positive or negative.

We reserve the right to accept, reject, or remove reviews at our discretion. Reviews represent the opinions of the users who post them and do not reflect our views or endorsements. We are under no obligation to review or remove posted reviews, even if they are deemed objectionable or inaccurate by others.

By posting a review, you grant us a non-exclusive, perpetual, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, perform, distribute, and display your review in connection with the Services. We are not responsible for any claims, liabilities, or damages arising from reviews posted by users.

12. Social Media

As part of the functionality of the Services, you may link your account with Third-Party service provider accounts ('Third-Party Accounts') by either: (1) providing your Third-Party Account login information through the Services; or (2) permitting us to access your Third-Party Account, as allowed under the applicable terms and conditions governing your Third-Party Account usage. You represent and warrant that you are authorised to disclose your Third-Party Account login details to us and/or grant us access without violating any terms and conditions governing your use of those accounts. You further confirm that granting us access does not obligate us to pay any fees or subject us to restrictions imposed by the Third-Party provider.

By granting access to any Third-Party Account, you acknowledge and agree that:

  1. We may access, store, and make available any content that you have stored in your Third-Party Account ('Social Network Content') for use on or through the Services, including friend lists and other data as notified to you at the time you link the account.
  2. We may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account.

Depending on the privacy settings you have set on your Third-Party Accounts, personal information you post may also be available on and through the Services. If a Third-Party Account or associated service becomes unavailable, or if our access is terminated, any Social Network Content from that account may no longer be accessible through the Services. You can disable the connection between the Services and your Third-Party Accounts at any time by contacting us or updating your account settings (if applicable).

PLEASE NOTE: Your relationship with the Third-Party providers is governed solely by your agreement with those providers. We do not review Social Network Content for accuracy, legality, or appropriateness and are not responsible for such content. By linking your accounts, you consent to our access to your email address book and contacts on your devices solely to identify and inform you of those contacts who also use the Services. You can disconnect the link between the Services and your Third-Party Account by reaching out to us using the contact details provided here. Upon deactivation, we will attempt to delete any data obtained from such Third-Party Accounts, except for any username or profile picture associated with your account.

13. Third-Party Websites and Content

The Services may include links to Third-Party websites ('Third-Party Websites') or display content such as articles, photos, videos, graphics, or other materials originating from third parties ('Third-Party Content'). We do not investigate, monitor, or verify Third-Party Websites or Third-Party Content for accuracy, reliability, or appropriateness. Consequently, we are not responsible for any Third-Party Websites or Content accessed through the Services, including their accuracy, legality, privacy practices, or other policies.

The inclusion of links or content does not imply our endorsement. If you decide to access Third-Party Websites or use any Third-Party Content, you do so at your own risk. These Legal Terms no longer apply once you leave the Services to engage with Third-Party sites or content. We advise you to review the terms and policies of any Third-Party websites or content providers.

Any purchases or transactions made through Third-Party Websites are solely between you and the applicable third party. We do not endorse products or services offered by these websites and disclaim liability for any issues arising from such purchases. You agree to hold us harmless from any losses or harm resulting from your engagement with Third-Party Content or Websites.

14. Services Management

We reserve the right, but not the obligation, to:

  1. Monitor the Services for violations of these Legal Terms.
  2. Take appropriate legal action against users who, in our sole discretion, violate the law or these Legal Terms, including without limitation reporting such users to law enforcement authorities.
  3. Restrict, refuse, limit, or disable access to any Contributions or portions of the Services, at our sole discretion and without liability.
  4. Remove or disable excessive or burdensome content, files, or materials from the Services without limitation, notice or liability, at our sole discretion.
  5. Manage the Services to protect our rights and property and ensure proper functionality.

15. Privacy Policy

We prioritise data privacy and security. Please review our Privacy Policy at https://kearlajewellery.com/privacy-policy/. By using the Services, you agree to our Privacy Policy, which is incorporated into these Legal Terms. The Services are hosted in the United Kingdom. If you access the Services from a region with laws differing from those in the United Kingdom, you consent to the transfer and processing of your data in the United Kingdom.

16. Term and Termination

These Legal Terms remain effective while you use the Services. WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO OR USE OF THE SERVICES TO ANYONE FOR ANY REASON OR NO REASON, INCLUDING WITHOUT LIMITATION, FOR ANY BREACH OF A REPRESENTATION, WARRANTY, OR OBLIGATION SET FORTH IN THESE LEGAL TERMS, OR ANY VIOLATION OF APPLICABLE LAWS OR REGULATIONS, WE MAY, AT OUR SOLE DISCRETION AND WITHOUT PRIOR NOTICE, TERMINATE YOUR ACCESS TO OR PARTICIPATION IN THE SERVICES, OR DELETE YOUR ACCOUNT ALONG WITH ANY CONTENT OR INFORMATION YOU HAVE POSTED.

If your account is terminated or suspended, you may not create a new account under your name, a fake or borrowed name, or any third party's name, even if you're acting on behalf of the third party. We also reserve the right to pursue legal remedies for violations, including civil, criminal, or injunctive proceedings.

17. Modifications and Interruptions

We retain the right to modify, alter, or remove any content from the Services at our sole discretion at any time and for any reason without providing prior notice. We are not obligated to update information on the Services. Additionally, we may suspend, change, or discontinue parts of or the entirety of the Services without notice. We are not responsible for any loss, damage, or inconvenience caused by modifications, price changes, suspensions, or the discontinuation of the Services.

We cannot guarantee uninterrupted availability of the Services at all times. Technical, hardware, or software issues, as well as routine maintenance, may cause delays, errors, or service interruptions. We may change, revise, suspend, update, or discontinue the Services at any time or for any reason without prior notice, and you agree that we are not liable for any loss, damage, or inconvenience caused by your inability to access or use the Services during such periods. These Legal Terms do not obligate us to maintain or support the Services or to provide corrections, updates, or new releases.

18. Governing Law

These Legal Terms are governed by and interpreted under the laws of England and Wales, excluding the application of the United Nations Convention of Contracts for the International Sales of Goods. If you are a consumer residing in the EU, you are also entitled to the legal protections granted by the laws of your country of residence. Both Kearla Jewellery and you agree to submit to the non-exclusive jurisdiction of the courts of England. You may also bring claims to defend your consumer rights in the courts of your EU country of residence.

19. Dispute Resolution

Informal Negotiations

To resolve disputes efficiently and control the cost of any dispute, controversy, or claim related to these Legal Terms raised by either you or us, both Parties agree to first attempt informal negotiations for at least 30 days before proceeding with arbitration or other formal actions. The process begins upon written notice from one party to the other.

Binding Arbitration

Any disagreement arising from the relationships between the parties under these terms will be resolved by a single arbitrator. The arbitrator will be appointed in accordance with the Arbitration and Internal Rules of the European Court of Arbitration, which operates as part of the European Centre of Arbitration based in Strasbourg. These rules, as applicable at the time the arbitration request is filed, will govern the process, and agreeing to this clause indicates acceptance of those rules. Arbitration will take place in England and proceedings will be conducted in English, governed by the substantive laws of England.

Restrictions

The parties agree that any arbitration will be confined to resolving disputes directly between them. To the fullest extent allowed by law: arbitration proceedings will not be consolidated with any other proceedings; disputes will not be arbitrated on a class-action basis, nor will class-action procedures apply; and disputes cannot be brought in a representative capacity on behalf of the general public or any other individuals.

Exceptions to Informal Negotiations and Arbitration

The parties acknowledge that the following disputes are not covered by the rules for informal negotiations and binding arbitration outlined above: disputes regarding the enforcement, protection, or validity of a party's intellectual property rights; disputes relating to, or involving claims of theft, piracy, privacy violations, or unauthorised use; and requests for injunctive relief.

If any part of this provision is deemed illegal or unenforceable, disputes falling under that portion will not proceed to arbitration. Instead, such disputes will be resolved by a court with appropriate jurisdiction as specified above, and both parties consent to the personal jurisdiction of that court.

20. Corrections

We aim to ensure the accuracy of the information on the Services but acknowledge that errors, omissions, or inaccuracies may occur, including descriptions, pricing, availability, and various other information. We reserve the right to correct any such errors, inaccuracies, or omissions and to update or modify information on the Services at any time without prior notice.

21. Disclaimer

The Services are provided 'as-is' and 'as-available.' Your use of the Services is at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not guarantee or represent that the content on the Services or any content on websites or mobile applications linked to the Services is accurate or complete. Furthermore, we assume no liability or responsibility for:

  1. Errors, mistakes, or inaccuracies in the content and materials provided.
  2. Personal injury or property damage of any kind resulting from your access to or use of the Services.
  3. Unauthorised access to or use of our secure servers, as well as any personal or financial information stored on them.
  4. Interruptions or failures in the transmission of data to or from the Services.
  5. Bugs, viruses, trojan horses, or other harmful elements that may be transmitted through the Services by third parties.
  6. Errors or omissions in any content or materials, or for any loss or damage resulting from the use of any content posted, transmitted, or otherwise made available via the Services.

We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Services, any hyperlinked website, or any website or mobile application featured in banners or other advertisements. Additionally, we are not responsible for monitoring any transaction between you and Third-Party providers of products or services.

When purchasing products or services through any medium or environment, you should use your best judgment and exercise caution where appropriate.

22. Limitations of Liability

Under no circumstances will we, our directors, employees, or agents be held liable to you or any third party for any direct, indirect, incidental, consequential, exemplary, special, or punitive damages, including but not limited to loss of profit, revenue, data, or other damages resulting from your use of the Services. This applies even if we have been advised of the potential for such damages.

Regardless of the basis for the claim, our total liability to you for any cause will not exceed the lesser of the amount you paid to us in the twelve (12) months before the incident giving rise to the claim or £100. Some jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages, so these limitations may not apply to you, and additional rights may be available under your local laws.

23. Indemnification

You agree to defend, indemnify and hold us harmless, including our subsidiaries, affiliates, and their officers, agents, and employees, from any claims, damages, losses, liabilities, or demand, including reasonable legal fees, made by any third party arising from:

  1. use of the services,
  2. violation of these terms,
  3. any breaches of your warranties or representations set forth in these Legal Terms,
  4. infringements of Third-Party rights, including intellectual property rights, or
  5. any overt harmful actions directed toward other users of the services with whom you connected via the Services.

Despite the above, we reserve the right to take over the exclusive defense and control of any claim for which you are required to indemnify us, and you agree to cooperate fully at your expense. We will make reasonable efforts to notify you of any such claims, with our defence of such claims, actions, or proceedings.

24. User Data

We may store and process certain data you provide to manage the services. While we perform regular data backups, you remain solely responsible for any data you transmit or any activity-related data generated through your use of the Services. We are not liable for any data loss or corruption and are not responsible for such occurrences. You waive any right to take legal action against us for any loss or corruption of such data.

25. Electronic Communications, Transactions, and Signatures

By accessing our Services, sending emails, or completing forms, you consent to receive communications electronically. You agree that these communications, including agreements, notices, disclosures, and other electronic communications, satisfy any legal requirements for written documentation.

You also agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and other records of transactions initiated or conducted by us or through the Services. You agree to waive any rights or requirements under any rules, regulations, statutes, ordinances, or other applicable laws in any jurisdiction that mandate the use of original signatures, physical document delivery or retention, or non-electronic methods for payments or credit transactions.

26. SMS Text Messaging

Opting out

Reply 'STOP' to opt out of SMS messages. You may receive a confirmation message.

Message and Data Rates

Mobile phone rates may apply to SMS communications. Rates vary, and are determined by your carrier and you mobile plan.

Support

If you have any questions or require assistance, email support@kearlajewellery.com.

27. California Users and Residents

If you are dissatisfied with how we address your concerns, California residents may contact the Complaint Assistance Unit of the Division of Consumer Services, California Department of Consumer Affairs, at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or call (800) 952-5210 or (916) 445-1254.

28. Miscellaneous

These terms, along with any posted policies or rules posted by us on the Services or in respect to the Services, form the complete agreement between you and us. Our failure to enforce any right or provision does not constitute a waiver of that right or provision.

These Legal Terms operate to the fullest extent permissible by law. We may assign our rights and responsibilities under these terms to others at any time. We are not liable for any losses, damages, delays, or failures to act due to causes beyond our reasonable control.

If any provision or part of a provision of these Legal Terms is deemed unlawful, void, or unenforceable, it will be severed from the terms without affecting the validity and enforceability of the remaining provisions.

No joint venture, partnership, employment, or agency relationship is created between you and us by these terms or use of the Services. You agree that these terms will not be construed against us as the drafting party. Additionally, you waive any and all defenses related to the electronic format of these Legal Terms and the absence of physical signatures by the parties to validate their execution.

29. Contact Us

For questions or complaints about the Services, contact us at: support@kearlajewellery.com. Alternatively, you can fill in the contact form here.

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