TERMS AND CONDITIONS
Revision Date: 19 June, 2024
Philip Gilson Jewellery (“The Company”, “we”, or “I”) is registered and operated in Canada by 13406806 Canada Inc. These Terms of Use are entered into by and between You and 13406806 Canada Inc.
These terms and conditions (the “Terms and Conditions”) govern the use of www.philipgilsonjewellery.com (the “Site”). This Site is owned and operated by Philip Gilson. This Site is an e-commerce 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.
Acceptance Of These Terms and Conditions
By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not agree to these Terms of Use or our Privacy Policy, you may not access or use the Website.
Intellectual Property
All content published and made available on our Site is the property of Philip Gilson 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.
Acceptable Use
As a user of our Site, you agree to use our Site legally, and not to use our Site for illegal purposes, and not to:
- Harass or mistreat other users of our Site;
- Violate the rights of other users of our Site;
- Violate the intellectual property rights of the Site owners or any third party to the Site;
- Hack into the account of another user of the Site;
- Act in any way that could be considered fraudulent; or
- Post any material that may be deemed inappropriate or offensive.
If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.
Accounts
When you create an account on our Site, you agree to the following:
- You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and
- All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.
We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.
When your secure account is created, you agree that your account is personal to you and that you are responsible for all activity, including purchases that occur through your account. If we create an account for you on your behalf in response to your request, or if we provide you with a new/replacement password, or any other information during the creation of your secure account, you must keep this information confidential at all times, and you must not disclose it to any other person or entity. If any unauthorized access to or use of your user name or password or any other breach of security occurs, you must notify me immediately. You should use a sensible logic and caution when setting a password for your account that would not be easily guessable. Further, accessing your account from a public or shared computer should be done so with caution so as to not allow others to view or record your password or other personal information.
I reserve the right to cancel or suspend any account or password, whether chosen by you or provided by me, this includes blocking access to the Website, and refusing service to you at any time at my sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms and conditions.
Sale of Goods And Services
These Terms and Conditions govern the sale of goods and services available on our Site.
The following goods are available on our Site:
- Jewellery; and
- Loose Gemstones.
The following services are available on our Site:
- Bespoke Jewellery Design;
- Jewellery Resizing;
- Jewellery Repair; and
- Jewellery Alteration.
The services will be paid for in full when the services are ordered.
These Terms and Conditions apply to all the goods and services 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 and services 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 and services we provide. You agree to purchase goods and services 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.
Third Party Goods and Services
Our Site may offer goods and services from third parties. We cannot guarantee the quality or accuracy of goods and services made available by third parties on our Site.
Features and Functionality Provided by Third Parties; Third Party Items
Certain of the content, features and functionality on the Website may be provided by third parties (collectively, “Third Party Providers”). Your use of and interaction with such content, features and functionality (collectively, “Third Party Content”) may be subject to separate terms and conditions. In such event, you acknowledge that these Terms of Use will not apply to your use of the Third Party Content and that you will be subject to and comply with the terms of use offered by such Third Party Providers. YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE OR OTHERWISE LIABLE FOR THIRD PARTY CONTENT OR THE ACTS OR OMISSIONS OF THIRD PARTY PROVIDERS AND THAT ANY CLAIMS OR OTHER CAUSES OF ACTION AVAILABLE TO YOU IN CONNECTION WITH EITHER OF THE FOREGOING WILL BE BROUGHT AGAINST THE APPLICABLE THIRD PARTY PROVIDER(S) AND NOT US.
Payments
We accept the following payment methods on our Site:
- Credit Card;
- PayPal; 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:
- Standard Delivery by Post. Delivery takes 5-7 business days.;
- Expedited Delivery by Post. Delivery takes 2-3 business days.; or
- International Delivery by Post. Delivery takes 5-10 business days..
Delivery will take place as soon as reasonably possible, depending on the delivery method selected. Delivery times may vary due to unforseen 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.
Refunds
Refunds for Goods
Refund requests must be made within 90 days after receipt date of your goods. All goods are subject to a 90-day warranty from the date of purchase. Please see my Warranty for more details.
I accept refund requests for goods sold on our Site for any of the following reasons:
- Good is broken.
Refunds do not apply to the following goods:
- Earrings;
- Bespoke/Commission Made Jewellery; and
- Items Lost During Shipping.
Please see my Returns Policy for more details.
Returns
Returns can be made by mail. To return a good by mail, follow the following procedure:
Pack your purchased item(s) securely using the original padding material and packaging so as to ensure the product is not damaged during transport. Include the original receipt inside the box, and write your RMA number on the return label.
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
Philip Gilson 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 Philip Gilson 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 Ontario.
Prohibited Use
You agree not to use the Website in any way which would be deemed illegal, whether federally, provincially, locally, or internationally, including:
- Transmission of any advertising or promotional material, without the prior written consent, of the respective copyright owner.
- Downloading and altering and images on the website, and digitally altering the content in any manner that would be deemed a breach of copyright law. This includes the photos, images, videos, or 3D renders of any Jewellery or product on the website.
- The recording, or collection by any means of the personal information of other users of the Website, including personal comments, referrals, or product reviews on the website or any product on the website.
- Violation of any applicable federal, provincial, local or international law or regulation.
- Impersonation or attempted impersonation of Philip Gilson Jewellery, or Philip Gilson, whether by promoting or using the name, position, title, e‐mail addresses, or social media accounts owned by Philip Gilson Jewellery or Philip Gilson.
- Write, publish, promote, or by any means conduct yourself in any such way that prevents other users of the website from using or otherwise enjoying use of the Website. You may not promote any violence or illegal behaviour in any form on the website.
- Systematically or programatically in any way try to introduce any software virus or trojan software into the website or server, or computerised device that connects to the website.
- Attempt to gain unauthorized access to, damage, interfere with, or otherwise disrupt any parts or functionality of the Website, the server on which the Website is hosted and stored, or any computer or database connected to the Website.
- Attack the website via the server that it is hosted via a denial‐of‐service attack or a distributed denial‐of‐service attack.
- Interfere or by any other means otherwise attempt to interfere with the proper working or performance of the website.
- Use any data extraction methods, including scraping, mining, or any other data gathering tools, or techniques to create a database of personal information by systematically or programatically downloading or storing the content stored on the server hosting the website, or of the website itself in any part, or entirety. The scraping and collection, of any content on the website, including product listings, product descriptions, videos, images, or prices is strictly prohibited.
- Use any automated buying agent to conduct transactions on the Website programatically.
- Systematically use any automated buying posting software or tool to create content, on the Website, or interact with other users of the website.
- Violate the legal rights of others or promote any material that could give rise to any civil or criminal liability under the applicable laws or regulations or that otherwise may be in conflict with these Terms and conditions or our Privacy Policy.
Standards of Posted Content
By using this website you agree to not:
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
Your Information
The information we collect on this Website is subject to our Privacy Policy
Trademarks, Copyrights and Patents
All graphics and visual content on this website are the exclusive property of Philip Gilson. Unauthorized use or reproduction of these graphics and visual content is strictly prohibited without prior written permission from Philip Gilson.
All third-party logos and trademarks displayed on this website are the property of their respective owners. The inclusion of such logos and trademarks does not imply any endorsement, affiliation, or sponsorship by Philip Gilson Jewellery.
Product Images
Philip Gilson Jewellery will always do its best to accurately depict the colours, size and detail of the products offered for purchase through the website. This includes any 3D rendered images of products available for purchase. Any 3D rendered image or video of a product is very accurately modelled using real-world measurements and are derived from the same 3D CAD files used in the design and manufacture process of the respective product, Philip Gilson Jewellery reserves the right to use these 3D CAD files to generate accurate representations of the product.
The brightness and colour of your computer screen or smart phone may affect the representation of the true colour of the product and as such may not be completely accurate. I cannot guarantee or be held responsible for the colour and details shown on your computer screen. Photos of products may appear smaller or larger than their actual physical size depending on varying factors such as your monitor size and distance from screen. Some features of the website enable the enlargement and zoom of images.
Philip Gilson Jewellery makes every effort to accurately describe and show its products and services accurately on the Website
Philip Gilson Jewellery reserves the right to remove any image, or Content of any kind, including customer comments or posts deemed inappropriate or illegal from the website at any time.
Limited License
Philip Gilson Jewellery grants you a limited license to use this website for strict personal use and not for commercial use of any kind. Any download or copying of the content on the website, in any form is restricted to personal use only and must not be used for commercial use of any kind. You may not modify or alter or attempt to alter the Content on the website in any way. No right title, or interest in any Content is transferred to you when you copy or download any content. The Content on this website, whether in whole or any part may not be transferred, reproduced, retransmitted, repurposed, or otherwise distributed or displayed without the express permission of Philip Gilson. By using the website, you agree to abide by these Terms and Conditions.
You may not re-purpose, alter, or use any trademarks, logos, or Content on this Website for commercial use without obtaining prior written permission from the respective owner. If you wish to make any use of material on the Website, please send your request to philip@philipgilsonjewellery.com
Online Purchases
If you wish to purchase any product or service through the Website (deemed a “Transaction”), you will be asked to supply certain information pertinent to your Transaction, including, without limitation to, your debit or credit card number, the expiration date of your debit or credit card, your shipping address, and billing address. YOU THEREFORE REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY DEBIT OR CREDIT CARD OR OTHER PAYMENT METHOD(S) USED DURING THE PURCHASE PROCESS IN CONNECTION WITH ANY TRANSACTION ON THE WEBSITE. By providing such information, you grant Philip Gilson Jewellery the right to securely store and transmit information to relevant third-parties for the express and sole purpose to complete your purchase on your behalf. A confirmation of information to be transmitted to third parties may be required prior to the acknowledgement or completion of any Transaction.
Philip Gilson Jewellery reserves the right to:limit the available quantity or discontinue any goods or services on the website with or without any prior notice, and further impose conditions on the honouring of any provided promotional code or coupon.
Philip Gilson Jewellery reserves the right to refuse to provide any customer with any product or service.
Purchases On The Website
When making a purchase through the website, you agree to pay, in full, all charges required to fulfill your order, including applicable taxes and shipping and handling charges. By submitting and paying in full, for any product or service promoted through the Website, you permit Philip Gilson Jewellery, to work closely with any third-parties necessary to fulfill your order to your specifications.
Linking To The Website
You are permitted to link to our website, provided that you do so in a fair and legal manner that does not harm the reputation of Philip Gilson Jewellery or Philip Gilson or attempt to exploit it or them. However, you must not create a link that implies any form of association, approval, or endorsement by us without our express written consent. If you wish Philip Gilson to endorse your product, please contact me at philip@philipgilsonjewellery.com
Links from the Website
The website may include links to third-party sites and resources for your convenience. I have no control over these sites and accept no responsibility for their content or any loss or damage from their use. Accessing these linked sites is at your own risk and subject to their own privacy policies and terms.
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 I operate my Site and the way we expect users to behave on our Site. I will notify users of such changes to these terms by posting the modified version on the Website and indicating the date it was last modified. If however, the changes are significant enough, I will provide a more prominent notice (including by email and social media, in certain instances).
I encourage you to visit this page periodically to review the latest version of these Terms and Conditions. Any and all changes are effective immediately from the revision date posted and apply to all areas and pages of the Website thereafter. If you continue to use the Website after any revised Terms and Conditions are posted on the Website, you accept and agree to abide by the changes and updated Terms and conditions for use of the website.
Disclaimer
We do not guarantee that files available for download from the internet or our Website will be free of viruses or other harmful code. You are responsible for implementing adequate procedures for virus protection and data accuracy, and for maintaining backups of your data externally. We are not liable for any loss or damage caused by distributed denial-of-service attacks, viruses, or other harmful material that may infect your computer, data, or other proprietary material due to your use of the Website or any services or items obtained through the Website, or your downloading of any material from it or linked sites.
I WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL‐OF‐SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR BY YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
Your use of the Website, its content, and any services or items obtained through it is at your own risk. The Website and its content are provided “as is” and “as available,” without any warranties, express or implied. We make no warranty regarding the completeness, security, reliability, quality, accuracy, or availability of the Website. We do not warrant that the Website or its content will be error-free, uninterrupted, or free of viruses or harmful components, or that it will meet your needs or expectations.
Contact Details
Please contact me if you have any questions or concerns my sending me an email at philip@philipgilsonjewellery.com or via my contact form.