These terms and conditions (the "Terms and Conditions") govern the use of xofinejewellery.com (the "Site"). This Site is owned and operated by Ron Hanania. This Site is an ecommerce website.
By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
INTELLECTUAL PROPERTY
All content published and made available on our Site is the property of Ron Hanania and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.
SALE OF GOODS
These Terms and Conditions govern the sale of goods available on our Site. These Terms and Conditions apply to all the goods that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods we provide. You agree to purchase goods from our Site at your own risk. We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
PAYMENTS
We accept the following payment methods on our Site:
Credit Card and Debit.
When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument.
If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.
SHIPPING AND DELIVERY
When you purchase goods from our Site, the goods will be delivered through one of the following methods:
​
-
FedEx Ground
-
FedEx Express
Delivery will take place as soon as reasonably possible, depending on the delivery method selected. Delivery times may vary due to unforeseen circumstances. Please note that delivery times do not include weekends and statutory holidays. You will not be charged for the delivery of the goods you purchase on our Site.
If you purchase goods from us for delivery to a destination outside Canada your purchase may be subject to import duties and taxes applied by the destination country. You are responsible for paying any such duties or taxes. Please contact your local customs office for more information before making a purchase. We are not responsible for the payment of any such duties or taxes and are not liable for any failure by you to pay them. You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.
CONSUMER PROTECTION LAW
Where the Consumer Protection Act, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
LINKS TO OTHER WEBSITES
Our Site contains links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices
of any third-party website or service linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third party websites before using these sites.
LIMITATION OF LIABILITY
Ron Hanania and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.
INDEMNITY
Except where prohibited by law, by using this Site you indemnify and hold harmless Ron Hanania and our directors, officers, agents, employees, subsidiaries,
and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.
APPLICABLE LAW
These Terms and Conditions are governed by the laws of the Province of Alberta.
Severability
​
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions.All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
CHANGES
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.
X.O Fine Jewellery’s Policies
This site is X.O Fine Jewellery’s online store. Please read our Layaway / Deposit Policy, Return & Exchange Policy,
Privacy Policy, and Terms & Conditions below.
Layaway / Deposit Policy
X.O Fine Jewellery does permit layaways. Articles placed on layaway will be held for a period of 90 days from the date of this receipt. If payments are not made in a timely manner, and no satisfactory arrangements have been otherwise agreed to, the item(s) will be returned to stock. The original deposit and subsequent payments received will be applied to a store credit. Store credits can be used toward the purchase of other merchandise or services. All custom and special orders are subject to forfeiture of original deposit and payments received.
​
The layaway agreement will specify the balance due after the initial deposit, the date(s) future payment(s) are due, and the date that the final payment is due by. Deposit amounts vary per jewellery item.
Return & Exchange Policy
No cash refunds available. Store credit is available for stock items if returned within 14 days of purchase. All custom work is non-refundable and non-exchangeable. Should the custom product we produce and deliver be unsatisfactory, we will do our best to work with the client to make any changes and adjustments to the jewellery piece, with costs covered by either X.O or the client depending on a case-by-case basis; the responsible party for the cost of the adjustment(s) depends on what was asked for and what was delivered, with email and written records being used as reference to determine a fair solution determined by X.O.
X.O will not be held liable for the cost of remaking a piece should the client be unsatisfied; X.O may cover the cost of adjustments to the manufactured piece if it is determined and proven that X.O did not deliver the product in line with the original design. Once the client approves the design and confirms in writing or verbally that X.O may proceed with production, the client can not go back on their word and must cover all production expenses; should the client change their mind about the design after giving approval to commence production, the client must cover all production costs up until that point in production.
Privacy Policy
PURPOSE
​
The purpose of this privacy policy (this "Privacy Policy") is to inform users of our Site of the following:
​
-
The personal data we will collect;
-
Use of collected data;
-
Who has access to the data collected; and
-
The rights of Site users.
​
This Privacy Policy applies in addition to the terms and conditions of our Site.
CONSENT
​
By using our Site users agree that they consent to:
​
-
The conditions set out in this Privacy Policy; and
-
The collection, use, and retention of the data listed in this Privacy Policy.
PERSONAL DATA WE COLLECT
​
We only collect data that helps us achieve the purpose set out in this Privacy Policy. We will not collect any additional data beyond the data listed below without notifying you first
HOW WE USE PERSONAL DATA
​
Data collected on our Site will only be used for the purposes specified in this Privacy Policy or indicated on the relevant pages of our Site. We will not use your data beyond what we disclose in this Privacy Policy.
THE DATA WE COLLECT IS USED FOR THE FOLLOWING PURPOSES:
​
-
To respond to inquiries
-
To join our mailing list
WHO WE SHARE PERSONAL DATA WITH
​
Employees
We may disclose user data to any member of our organization who reasonably needs access to user data to achieve the purposes set out in this Privacy Policy.
OTHER DISCLOSURES
​
We will not sell or share your data with other third parties, except in the following cases:
​
-
If the law requires it;
-
If it is required for any legal proceeding;
-
To prove or protect our legal rights; and
-
To buyers or potential buyers of this company in the event that we seek to sell the company.
If you follow hyperlinks from our Site to another Site, please note that we are not responsible for and have no control over their privacy policies and practices.
HOW LONG WE STORE PERSONAL DATA
User data will be stored until the purpose the data was collected for has been achieved.
HOW WE PROTECT YOUR PERSONAL DATA
​
In order to protect your security, we use the strongest available browser encryption and store all of our data on servers in secure facilities. All data is only accessible to our employees. Our employees are bound by strict confidentiality agreements.
While we take all reasonable precautions to ensure that user data is secure and that users are protected, there always remains the risk of harm. The Internet as a whole can be insecure at times and therefore, we are unable to guarantee the security of user data beyond what is reasonably practical.
​CHILDREN
​
We do not knowingly collect or use personal data from children under 13 years of age. If we learn that we have collected personal data from a child under 13 years of age, the personal data will be deleted as soon as possible. If a child under 13 years of age has provided us with personal data, their parent or guardian may contact us.
HOW TO OPT-OUT OF DATA COLLECTION, USE OR DISCLOSURE
​
We provide the following specific opt-out methods for the forms of collection, use, or disclosure of your personal data specified below:
​
-
Monthly newsletter or mailing list: You can opt-out by clicking "unsubscribe" on the bottom of any marketing email.
MODIFICATIONS
​
This Privacy Policy may be amended from time to time in order to maintain compliance with the law and to reflect any changes to our data collection process. When we amend this Privacy Policy we will update the "Effective Date" at the top of this Privacy Policy. We recommend that our users periodically review our Privacy Policy to ensure that they are notified of any updates. If necessary, we may notify users by email of changes to this Privacy Policy.
