Terms of Use

Heidi Kingman Jewelry operates this website and offers it, and all included information, tools and services on it, to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices herein. When visiting this site and/or purchasing item(s) here, you “use” our service(s) and thereby agree to be bound by the following terms and conditions, including any additional terms, conditions or policies available elsewhere on this site. These Terms of Use apply to all users of the site, including but not limited to browsers, visitors, customers, vendors or merchants. You may not access or use the site or services if you do not agree to all terms, conditions and policies herein or located on this site.

This online e-commerce platform is hosted by Squarespace.


I. GENERAL CONDITIONS

  1. You must be at least the age of majority in your resident state or province, or have consented to additionally allow your minor dependents, to use or access this site and agree to these Terms of Use.

  2. You may not use, reproduce, copy, or resell our images, information, services, products or intellectual property without proper authorization or written license, or for any illegal purpose, or in violation of any laws including but not limited to copyright and trademark laws.

  3. Transmittal of any worms, viruses or any destructive code is not permitted.

  4. Breach or violation of any Terms of Use may result in the termination of services. You will remain liable for all amounts due up to and including the date of termination.

  5. We reserve the right to refuse service to anyone for any reason at any time.

  6. While credit card information is always encrypted during transfer, you understand you other content may be transferred without encryption and adapted to technical requirements of various networks and devices.


II. INFORMATION, PRODUCTS & SERVICES

  1. Information on this site is for reference and general information only. Additional or primary informational sources outside of this site may exist and should be consulted. Information on this site may occasionally be out of date, or contain errors, inaccuracies or omissions related to but not limited to product descriptions, services, pricing, and availability. Any reliance is at your own risk.

  2. Heidi Kingman Jewelry reserves the right to revise, modify, discontinue or remove information, services, and/or items available on this site, including these Terms of Use, at any time without notice. We are not liable to you or any third party for such changes. We recommend that you review this page for changes prior to each use. Continued access and use following any posted changes constitutes acceptance of those changes.

  3. Prices for our products and services are subject to change without notice.

  4. Products or services offered may have limited availability or quantity, and it is possible this may not be determinable until after an order is placed. Reasonable efforts will be made to notify you via the contact information you provide if such limitations, delays or unavailability is anticipated or discovered.

  5. We reserve the right to limit quantity or sales of our products or services to any person, region or jurisdiction at our own discretion. Offers are void where prohibited.

  6. Product images and information is displayed as accurately as possible, however colors and details cannot be guaranteed to be accurate or adequate on your computer’s or device’s display.

  7. Returns and/or exchanges may only be made in accordance with our Return Policy.


III. BILLING & ACCOUNT INFORMATION

  1. We reserve the right to refuse, limit, restrict or cancel any order at our discretion. If such action occurs, reasonable attempts to notify you via contact information provided by you at time of order will be made.

  2. You agree to provide accurate and complete billing and address information for all transactions at the time of purchase. You agree to promptly contact us if such information changes or expires.

  3. Submissions of personal information through the website are governed by our Privacy Policy.

IV. WARRANTIES & DISCLAIMERS; LIMITATION OF LIABILITY

  1. Heidi Kingman Jewelry does not guarantee, represent or warrant that your use of our site or services will be accurate, uninterrupted, timely, secure or error-free.

  2. Our site, services and information are provided ‘as is’ and ‘as available’ without express or implied warranties, representations or conditions of any kind, except “Product Warranty” as expressly stated below.

  3. Heidi Kingman Jewelry, our owner, artist, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors shall not in any case be liable for any injury, loss, claim, or damages of any kind, arising from or related in any way to your use of any of our products or services. If your state or jurisdictions disallows the exclusion or any limitation of liability, our liability shall be limited to the maximum extent permitted by law.

V. PRODUCT WARRANTY

  1. Items purchased from Heidi Kingman Jewelry, include a one year product warranty on workmanship and materials used in your jewelry items.  If a jewelry item fails as a result of a flaw in the material or craftsmanship, we will make reasonable efforts to fix or replace the missing or broken part of your item with a component/repair of equal value at no charge. We will attempt to match the missing or broken part as closely as possible.

  2. Warranty excludes theft, loss or damage including but not limited to improper care or cleaning, dropping, catching, or striking against a hard surface, chemical exposure, or improper use or storage. If an earring or portion of an item is lost or damaged, we will make reasonable attempts to make/find a matched replacement at your request depending on availability of materials.  Customer will be charged reasonable costs and rates for such replacements or repairs.

  3. User understands and agrees that product warranty and any related repairs, replacements or services are subject to the availability of Heidi Kingman, the artist/owner. Should illness, disability, death, act of god, nature, war or terror become a factor, any and all services, warranties, representations, etc. may become delayed, unavailable or void in their entirety.

  4. User agrees to notify us if an item is to be returned for warranty or repair (so that we are aware the item is coming and materials may be ordered). User will then ship it to Heidi Kingman Jewelry, P.O. Box 2481, Layton, Utah 84041-9481. We are not responsible if your item is lost or damaged in transit, so please insure it!


VI. THIRD PARTY LINKS & TOOLS

  1. Content, products and services available via this website may include materials and/or tools from third parties not affiliated with Heidi Kingman Jewelry.

  2. Such third party content, information and tools is beyond our control and oversight, and we do not warrant and are not liable for any harm or damage related to the accuracy, availability, usability, suitability or reliability of materials, tools, products or services on any third party websites. This includes, but is not limited to third party transactions and privacy policies.


VII. COMMENTS, FEEDBACK & SUBMISSIONS

  1. Heidi Kingman Jewelry may but is not obligated to monitor, edit or remove any content, comments, feedback or submissions determined by us to be unlawful, objectionable, offensive, abusive, obscene, pornographic, threatening, libelous, defamatory, or which violates these Terms of Use.

  2. You agree that your comments, feedback or submissions will not violate any rights belonging to any third party, including but not limited to copyright, trademark, privacy or personality rights. You further agree that your comments will not contain unlawful, objectionable, offensive, abusive, obscene, pornographic, threatening, libelous, or defamatory material, or any other material which violates these Terms of Use. You agree your comments or submissions will not contain any computer virus or other malware that could in any way affect the operation of this website or use of the services, or any related website. You additionally agree not to use any false identity or pretense, or otherwise mislead us or others regarding the source of comments or submissions. You agree to be fully responsible and solely liable for any comments or submissions you make.

  3. You agree any of your user comments, feedback, suggestions, ideas, proposals or other submissions made at our request or otherwise, and provided or forwarded to us in any format, may be published, copied, distributed, translated, edited or used in any medium. We are not obligated to keep any comments or submissions confidential, to pay any compensation for them, or to respond to them.

VIII. PROHIBITED USES

Users of this website are prohibited from using the site or any of its content:

  1. for any unlawful purpose;

  2. to solicit others to perform or participate in any unlawful acts;

  3. to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;

  4. to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

  5. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

  6. to submit false or misleading information;

  7. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our site or of any related website, other websites, or the Internet;

  8. to collect or track the personal information of others;

  9. to spam, phish, pharm, pretext, spider, crawl, or scrape;

  10. for any obscene or immoral purpose; or

  11. to interfere with or circumvent the security features of our site or any related website, other websites, or the Internet.

We reserve the right to terminate your use of this site or any related website for violating any of the prohibited uses.

IX. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Heidi Kingman Jewelry, our owner, artist, and any affiliates, partners, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Use or the documents incorporated by reference, or your violation of any law or the rights of a third party.


X. SEVERABILITY

  1. If any provision of these Terms of Use is determined to be unlawful, void or unenforceable, that provision shall be as enforceable as permitted by law.

  2. Unenforceable portion(s) severed from these Terms of Use shall not affect the validity and enforceability of any other remaining provisions of these Terms of Use.


XI. ENTIRE AGREEMENT

  1. Failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision by Heidi Kingman Jewelry.

  2. These Terms of Use and any referenced or related terms or policies on this site in respect to use of our products or services constitutes and governs our and your entire understanding and agreement. In the event of any conflicting or ambiguous terms in any prior or contemporaneous agreements, communications and/or proposals, whether oral or written, including, but not limited to, prior versions of these Terms of Use, the terms and conditions of these Terms of Use shall prevail and not be construed against the drafting party.


XII. GOVERNING LAW

These Terms of Use and any separate agreements whereby we provide you products or services shall be governed by and construed in accordance with the laws of the Davis County and/or the State of Utah, USA.


XIII. CONTACT INFORMATION

Questions about the Terms of Use should be sent to us via email to design@heidikingman.com.