Terms of Service

 

Terms of Service

Welcome to Eleven Fine Jewelry website. These Terms of Service (the "Agreement") outline the terms and conditions that apply to your use of our website, including any services or products offered through the site. By using our website, you agree to be bound by this Agreement. Please read this Agreement carefully before using the website. 

We strive to ensure that all product descriptions, including pricing, are accurate and complete. We reserve the right to correct any errors, inaccuracies, or omissions at any time without prior notice. We reserve the right to change or discontinue any product or service without prior notice. 

We strive to provide accurate, complete, and timely information on our website, but we cannot guarantee that all information is error-free or up-to-date. The information on our website is provided for general informational purposes only and should not be relied upon as the sole basis for making decisions.

We reserve the right to modify the contents of our website at any time without prior notice. You agree that it is your responsibility to monitor changes to our website. We reserve the right to modify, discontinue, or update products or services without notice.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you through our website will meet your expectations, or that any errors in the service will be corrected.

Digital renderings, CAD images, and product photography are for illustrative purposes only and may not perfectly represent proportions, scale, finish, or gemstone color.

We do not warrant that our website, it’s servers, or email sent from us are free of viruses or other harmful components. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

Limitation of Liability:

To the fullest extent permitted by law, Eleven Fine Jewelry shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to the use of our website or the purchase of any product. Eleven Fine Jewelry shall not be liable for emotional distress, missed proposal events, wedding date impacts, or other consequential damages related to special occasions.

Our total liability for any claim arising out of or relating to any product shall not exceed the amount paid by you for that specific product.

Custom Design Approval and Crafting:

For custom projects, clients will receive digital renderings, sketches, or specifications for approval prior to production. Once written approval is provided, Eleven Fine Jewelry is authorized to proceed with production.

After approval, additional design modifications may be subject to additional fees and timeline extensions.

All custom and made to order pieces are final sale. Due to the personalized nature of our work, design time, sourcing, and production planning begin immediately upon order placement or deposit receipt. For this reason, custom orders are non-refundable and non-cancellable.

Natural and Lab Created Material Variation:

Due to the inherent characteristics of natural and laboratory-grown gemstones and precious metals:

• Variations in color, tone, inclusions, grain structure, and finish may occur.

• These characteristics are not defects, but part of the uniqueness of each piece.

• Screen displays, lighting conditions, and renderings may affect perceived appearance.

Minor variances shall not constitute grounds for return.

Ring Resizing:

Not all designs can be resized. Certain styles, including eternity bands, hidden halos, tension settings, or intricate structures — may require remaking rather than resizing.

Resizing may affect structural integrity. Fees may apply.

Shipping, Insurance, Risk of Loss:

We fully insure all fine jewelry shipments during transit until marked as delivered by the carrier.

While we take every precaution to secure and insure shipments, Eleven Fine Jewelry is not responsible for:

• Delays caused by shipping carriers

• Customs processing delays

• Incorrect shipping information provided by the customer

If a package is lost in transit prior to confirmed delivery, we will initiate a claim with the carrier and work toward resolution.

Once a shipment is marked as delivered to the address provided at checkout, responsibility for the package transfers to the purchaser.

We strongly recommend ensuring a secure delivery location and monitoring tracking updates closely.

Customers are responsible for ensuring all shipping details provided at checkout are accurate and secure. Eleven Fine Jewelry is not responsible for packages delivered to the address provided by the customer.

Grading and Certification:

All diamond and gemstone grading details are provided based on industry standard laboratories and our supplier representations. Minor grading variances may occur between laboratories and are not grounds for return unless materially inaccurate.

Warranty and Repairs:

Details of our Lifetime Limited Warranty are outlined in our Warranty Policy.

Please note:

• Repairs performed by third parties void warranty coverage.

• Normal wear and tear is not considered a defect.

• Loss of gemstones due to failure to maintain prong integrity may not be covered.

Routine maintenance is recommended annually. Regular inspection and maintenance of fine jewelry, including prong checks, is the responsibility of the purchaser.

Force Majeure:

We shall not be liable for delays or failure to perform due to circumstances beyond our reasonable control, including but not limited to supplier delays, material shortages, natural disasters, governmental actions, labor disruptions, or shipping carrier delays.

Payment and Pricing:

All prices on our website are in the currency stated on the site, and are subject to applicable taxes, fees, and shipping costs, which will be added to the total price at checkout. Prices may be subject to change without notice, but changes will not affect orders that have already been placed.

Our pricing reflects current market rates, and we reserve the right to adjust final costs based on fluctuations in gold pricing and the specific gold requirements of each project for custom orders.

We accept payment through various methods, including credit cards and electronic payment systems. You are responsible for ensuring that your payment information is accurate and up-to-date.

By providing your payment information, you authorize us to charge your payment method for the total amount of your order, including applicable taxes and fees. If we are unable to charge your payment method for any reason, we reserve the right to cancel your order.

If there are any errors or discrepancies with your payment or billing information, we may contact you to request additional information to verify your identity and payment method. We reserve the right to cancel or refuse any order that we suspect may be fraudulent or otherwise violate our terms of service.

In the event that we have incorrectly listed a price or product description on our website, we reserve the right to cancel or modify any orders placed for the affected products. We will make reasonable efforts to inform you of any such changes or cancellations.

Accuracy of Billing:

We strive to ensure that all pricing and billing information on our website is accurate, but errors may occur. In the event that there is an error in the pricing or billing information for a product or service, we reserve the right to cancel or refuse any orders placed for that product or service.

If we discover an error in the pricing or billing information for a product or service that you have ordered, we will inform you as soon as possible and give you the option to either confirm your order at the corrected price or cancel your order. If we are unable to contact you or receive a response from you within a reasonable time, we may cancel your order and issue a refund for any amounts paid.

You agree to provide accurate and complete billing information when making a purchase on our website, and you agree to promptly update your billing information if there are any changes. You are responsible for all charges incurred on your account, including any applicable taxes and shipping fees.

If you believe that there is an error in your billing statement or if you have any questions about your billing, please contact us at hello@elevenfinejewelry.com and we will make reasonable efforts to resolve the issue.

Shipping:

We do offer international shipping and will provide options to you depending on your location. We make reasonable efforts to ship all orders within 6-8 weeks which hinges on the scope of work, but we cannot guarantee delivery dates or times. All shipping costs will be calculated and added to your total order at checkout. Once your order has shipped, you will receive a confirmation email with tracking information.

Returns:

We want you to be completely satisfied with your purchase. If you are not satisfied with your purchase for any reason, you may notify us within 3 days of receiving your purchase, that you wish to return it to us for a refund or exchange. To be eligible for a return, your item must be considered a classic design (i.e not custom, bespoke, or custom invoice) it must be unused and in the same condition that you received it. You must also include the original packaging, including any certificates of authenticity (if applicable).

To initiate a return, please contact our customer service team at hello@elevenfinejewelry.com. We will provide you with instructions on how to return your item. You will be responsible for paying any return shipping costs, unless the return is the result of our error.

Once we receive your returned item, we will inspect it and notify you of the status of your refund or exchange. If your return is approved, we will process your refund or exchange within 3 business days upon receiving and assessing the item. Refunds will be credited to your original payment method, and exchanges will be shipped to you at your expense.

Please note that certain items, including custom or personalized items, may not be eligible for return or exchange unless it is the result of our error.

Photography & Promotional Use:

Eleven Fine Jewelry reserves the right to photograph, record, and document custom and classic pieces before delivery for portfolio, website, editorial, advertising, educational, and social media purposes.

Unless otherwise requested in writing prior to production, clients grant Eleven Fine Jewelry permission to use images, videos, design sketches, CAD renderings, and final pieces for marketing and promotional purposes. We will not disclose personal identifying information without explicit consent.

Intellectual Property and Design Ownership:

All custom designs, renderings, CAD files, sketches, and creative concepts developed by Eleven Fine Jewelry remain the intellectual property of Eleven Fine Jewelry.

Unauthorized reproduction, replication, or distribution of our designs is strictly prohibited.

Purchase of a piece does not transfer intellectual property rights in the underlying design.

User-Generated Content:

Our website may allow you to post, upload, publish, submit, or transmit content, including but not limited to text, photos, videos, and comments. By submitting content to our website, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.

You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish your content on our website and to grant us the above license. You also agree not to post any content that is defamatory, obscene, or otherwise objectionable, or that infringes upon the rights of any third party, including but not limited to intellectual property rights, privacy rights, or publicity rights.

We reserve the right to remove or edit any content posted by users at our sole discretion, and we are not responsible for any such content. We also reserve the right to terminate the accounts of users who violate these terms of service or engage in any unlawful or inappropriate conduct on our website.

Any content that you post on our website is done at your own risk. We do not guarantee the confidentiality or privacy of any content that you post on our website, and we are not responsible for any damages or losses resulting from the use or disclosure of such content.

Third Party Links:

Our website may contain links to third party websites or services that are not owned or controlled by us. We do not endorse or assume any responsibility for any content, products, or services offered by third parties through their websites or services.

You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, products, or services available on or through any third party websites or services.

We encourage you to review the terms of service and privacy policies of any third party websites or services that you visit or use.

You may link to our website from your own website, provided that you do not imply any endorsement by us and that you comply with all applicable laws and regulations. We reserve the right to revoke your permission to link to our website at any time for any reason.

Dispute Resolution:

In the event of any dispute, claim, or controversy arising out of or relating to these Terms of Service, your purchase of any product, or your use of our website, you agree to first attempt to resolve the matter informally by contacting us at hello@elevenfinejewelry.com. We will make reasonable efforts to resolve disputes through good faith negotiations.

If the dispute cannot be resolved informally within a reasonable period of time, the dispute shall be submitted to final and binding arbitration in accordance with the rules of the applicable Canadian arbitration authority in effect at the time the dispute arises. The arbitration shall be conducted in the English language in Calgary, Alberta, Canada.

The decision of the arbitrator shall be final and binding upon both parties and may be entered and enforced in any court of competent jurisdiction. Each party shall bear its own legal fees and costs associated with arbitration unless otherwise awarded by the arbitrator.

You agree to waive any right to participate in a class action lawsuit, class-wide arbitration, or representative proceeding. All disputes shall be resolved on an individual basis only.

You further agree that any claim or cause of action arising out of or relating to these Terms or any purchase must be commenced within one (1) year after the claim arises, or such claim shall be permanently barred to the fullest extent permitted by law.

This Dispute Resolution section shall survive the termination or expiration of these Terms of Service.

Intellectual Property:

All content on our website, including but not limited to text, graphics, logos, images, and software, is the property of our company or our licensors and is protected by Canadian and international copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, modify, or create derivative works from any content on our website without our express written consent or the consent of the respective owner of the intellectual property rights. You may not use any trademarks, service marks, or logos displayed on our website without our express written consent or the consent of the respective owner of the intellectual property rights.

We respect the intellectual property rights of others, and we expect our users to do the same. If you believe that your intellectual property rights have been infringed upon by any content on our website, please contact us at hello@elevenfinejewelry.com and provide us with the following information:

• A description of the intellectual property that you claim has been infringed;
• A description of the content on our website that you claim is infringing your intellectual property rights;
• Your contact information, including your name, address, phone number, and email address;
• A statement that you have a good faith belief that the use of the content on our website is not authorized by the intellectual property owner, its agent, or the law;
• A statement that the information in your notice is accurate and that you are the intellectual property owner or authorized to act on the intellectual property owner's behalf.

We will review your notice and take appropriate action in accordance with applicable laws and regulations.

Governing Law:

These Terms of Service shall be governed by and construed in accordance with the laws of the Province of Alberta, Canada, without giving effect to conflict of law principles.

Any court proceedings to enforce an arbitration award or to address matters not subject to arbitration shall be brought exclusively in the courts of Calgary, Alberta, Canada, and you consent to the jurisdiction of such courts for those limited purposes.

If any provision of these terms of service is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Our failure to enforce any right or provision of these terms of service shall not be deemed a waiver of such right or provision.

These terms of service constitute the entire agreement between you and our company with respect to your use of our website, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and our company.

Indemnification:

You agree to defend, indemnify, and hold our company and its affiliates, officers, directors, employees, and agents harmless from any claims, actions, suits or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your use of our website, your violation of these terms of service, or your violation of any third party rights.

We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Severability:

If any provision of these terms of service is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

Here's an example of a section on termination in terms of service:

Termination:

We may terminate or suspend your access to our website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these terms of service.

Upon termination, your right to use our website will immediately cease. If you wish to terminate your account, you may simply discontinue using our website.

All provisions of these terms of service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Entire Agreement:

These terms of service constitute the entire agreement between you and us regarding the use of our website and supersede all prior agreements and understandings, whether written or oral, relating to the subject matter of these terms of service.

Any ambiguities in the interpretation of these terms of service shall not be construed against the drafting party.

Contact Information:

Questions about the Terms of Service should be directed to hello@elevenfinejewelry.com