Terms of service
Overview
Welcome to DiaMonMon. (“DiaMonMon”, “we”, “us”, or “our”). DiaMonMon operates this store and website, including all related information, content, features, tools, products, and services (collectively, the “Services”). DiaMonMon is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service (the “Terms”), together with any policies referenced herein (including our Privacy Policy and Return & Refund Policy), describe your rights and responsibilities when you use the Services.
Please read these Terms carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms and our Privacy Policy [LINK]. If you do not agree, you should not use or access our Services.
Section 1 Access and Account
By agreeing to these Terms, you represent that you are at least the age of majority in your province or territory of residence, and you have given us consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.
To use the Services, including browsing our store or purchasing products, you may be asked to provide certain information, such as your email, billing, payment, and shipping details. You represent that all information provided is accurate, current, and complete, and that you have the rights to provide it.
You are solely responsible for maintaining the security of your account credentials and all activity under your account. Accounts may not be transferred, assigned, or licensed to any other person.
Section 2 Our Products
We make every effort to represent our products accurately. However, product colors, dimensions, and appearance may vary depending on your screen, device settings, or natural variations in gemstones and metals.
We do not warrant that any product will exactly match your expectations. Descriptions and pricing are subject to change without notice, and we may discontinue products or limit quantities at any time.
Section 3 Orders
Placing an order constitutes an offer to purchase. Orders are only accepted once confirmed by DiaMonMon, after payment is processed. We may refuse, cancel, or modify any order at our discretion (e.g., due to stock availability, suspected fraud, or errors). If this occurs, we will attempt to notify you via the contact details provided.
Purchases are subject to our Return & Refund Policy, which is incorporated into these Terms.
All purchases must be for personal or household use only, and not for commercial resale, export, or distribution without our prior written consent.
Section 4 Prices and Billing
All prices are listed in [choose: Canadian Dollars (CAD) / U.S. Dollars (USD)] unless otherwise stated. Prices do not include applicable taxes, shipping, handling, customs duties, or import fees, unless expressly noted. These will be calculated and displayed at checkout.
Customers outside Canada are responsible for any import duties, customs fees, or taxes required by their jurisdiction.
You agree to provide accurate and up-to-date payment information. By submitting your payment details, you represent that:
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The payment information provided is correct;
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You are authorized to use the payment method;
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Charges will be honored by your financial institution; and
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You will pay all charges incurred at posted prices, including taxes and shipping.
Section 5 Shipping and Delivery
Delivery times are estimates only and are not guaranteed. DiaMonMon is not responsible for delays caused by carriers, customs, weather, or events beyond our control. Once products are transferred to the carrier, title and risk of loss pass to you.
Section 6 Intellectual Property
All trademarks, brand names, product names, text, graphics, images, videos, and designs within the Services are owned by DiaMonMon or its licensors and are protected by Canadian and international intellectual property laws.
The Services are for your personal, non-commercial use only. Copying, reproducing, or redistributing content without our prior written consent is prohibited. Unauthorized use may violate copyright, trademark, or other laws.
DiaMonMon’s names, logos, and slogans are trademarks of DiaMonMon. Shopify’s names and logos are trademarks of Shopify. All other names and logos are the property of their respective owners.
Section 7 Optional Tools
We may provide access to third-party tools or services. These are offered “as is” without warranties or endorsement, and your use is at your own risk. Any future features added will also be subject to these Terms.
Section 8 Third-Party Links
Our Services may contain links to third-party websites or content. DiaMonMon is not responsible for their accuracy, content, or practices. Accessing third-party sites is at your own risk, and any purchases are solely between you and the third party.
Section 9 Relationship with Shopify
DiaMonMon is powered by Shopify, which enables us to provide the Services. All sales, however, are made directly between you and DiaMonMon. Shopify is not responsible for your purchases or any resulting damages. By using the Services, you release Shopify from all claims and liabilities related to your transactions with DiaMonMon.
Section 10 Privacy Policy
All personal information collected is subject to our Privacy Policy and, where applicable, Shopify’s Privacy Policy.
Because our Services are hosted by Shopify, your information may be transmitted, processed, or stored outside of your province or country of residence, including in the United States. Please review our Privacy Policy for details.
Section 11 Feedback
By submitting reviews, feedback, or suggestions (“Feedback”), you grant DiaMonMon a worldwide, royalty-free license to use, reproduce, and display such Feedback for business and marketing purposes.
You represent that you have the rights to provide Feedback and that it does not infringe on third-party rights. We may, but are not obligated to, monitor or remove Feedback we consider inappropriate or unlawful.
Section 12 Errors, Inaccuracies, and Omissions
We may correct errors, inaccuracies, or omissions (including in product descriptions, pricing, or availability) and cancel or update orders as needed, even after submission.
Section 13 Prohibited Uses
You may use the Services for lawful purposes only. You may not:
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Violate laws or regulations;
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Infringe intellectual property rights;
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Harass, defame, or discriminate against others;
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Upload or distribute malicious code or spam;
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Collect or misuse personal data;
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Use the Services for obscene or immoral purposes; or
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Interfere with security features of the Services.
Violation may result in account suspension or termination.
Section 14 Termination
We may suspend or terminate your access to the Services at any time, without notice, if you violate these Terms. Obligations accrued before termination remain enforceable. Sections such as Intellectual Property, Limitation of Liability, and Indemnification will survive termination.
Section 15 Disclaimer of Warranties
The Services and all products are provided “as is” and “as available” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, or non-infringement. Some jurisdictions may not allow limitations on implied warranties, so these limitations may not apply to you.
Section 16 Limitation of Liability
To the maximum extent permitted by law, DiaMonMon, Shopify, and their affiliates shall not be liable for any indirect, incidental, or consequential damages, including lost profits or data, arising from your use of the Services or products.
Section 17 Indemnification
You agree to indemnify and hold harmless DiaMonMon, Shopify, and their affiliates, officers, and employees from claims or damages arising out of your use of the Services or breach of these Terms.
We will notify you of any indemnifiable claim. We may control the defense at your expense but will not settle claims involving your non-monetary obligations without your consent.
Section 18 Severability
If any provision of these Terms is found unenforceable, the remainder will continue in effect.
Section 19 Waiver and Entire Agreement
Failure to enforce any provision does not waive our rights. These Terms, together with our posted policies, are the entire agreement between you and DiaMonMon.
Section 20 Assignment
You may not assign these Terms without our prior written consent. We may assign or delegate without restriction.
Section 21 Governing Law
These Terms and any related agreements shall be governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein. You and DiaMonMon consent to the exclusive jurisdiction of the courts of British Columbia, except where otherwise required by consumer protection laws.
Section 21.1 Consumer Rights
Nothing in these Terms limits your statutory rights under Canadian consumer protection laws. In case of conflict, such laws prevail.
Section 22 Headings
Headings are for convenience only and do not affect interpretation.
Section 23 Changes to Terms
We may update these Terms by posting changes on our website. Material changes will be communicated where required by law. Continued use of the Services after updates means you accept the revised Terms.
Section 24 Contact Information
Questions about these Terms should be sent to:
DiaMonMon Jewelry Inc.
📧 Email: info@diamonmon.com