Terms of service

Overview Welcome to Shodojewelry! The terms "we" and "our" refer to Shodojewelry. Shodojewelry operates this store and website, including all related information, content, features, tools, products, and services related to your order, to provide you (our customer) with a curated shopping experience (the "Service"). Shodojewelry is powered by Shopify, which enables us to provide the Service to you.

The following Terms of Service, together with any policies mentioned herein (hereinafter referred to as the "Terms of Service" or "Terms"), outline your rights and responsibilities when using the Service.

Please read these Terms of Service carefully, as they contain important information about your legal rights and cover disclaimers and limitations of liability.

By accessing, using, or interacting with our Service, you agree to be bound by these Terms of Service and our Privacy Policy [link]. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Service.

Section 1 - Access and Account
By agreeing to these Terms of Service, you represent that you are of legal age in your state or province and that you authorize any of your minor dependents to use the Service on devices owned, purchased, or managed by you.

To use the Service, including accessing or browsing our online store or purchasing any of our products or services, you may be required to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide in our store is accurate, up-to-date, and complete, and that you have all the rights necessary to provide such information.

You are solely responsible for maintaining the security of your account credentials and all account activity. You may not transfer, sell, assign, or license your account to any other person.

Section 2 - Our Products

We make every effort to accurately represent our products and services in our online store. However, please note that due to differences in the type of device you use to access the store and the settings and configurations of your device, colors or product appearances may differ from how they appear on your screen.

We do not guarantee that any product or service you purchase will look or be of the same quality as you expect or as displayed or presented in our online store.

All product descriptions are subject to change without notice, and we reserve the right of final interpretation. We reserve the right to discontinue the supply of any product at any time and, depending on the specific circumstances, limit the quantity of any product supplied to any person, region, or jurisdiction.

Part 3 - Orders
When you place an order, you are making an offer to purchase. Shodojewelry reserves the right to accept or reject your order at its sole discretion for any reason. Your order is only valid after confirmation of acceptance by Shodojewelry. Your order will only be accepted after we have received and processed your payment. Please carefully review your order before submitting it, as Shodojewelry may not be able to accept cancellation requests once the order has been accepted. If we do not accept, change, or cancel your order, we will attempt to contact you via the email address, billing address, and/or phone number you provided when placing your order.

Your purchase is only eligible for returns or exchanges according to our refund policy.

Section 4 - Prices and Billing
Prices, discounts, and promotions are subject to change without notice. The price of the product or service is the valid price at the time of order placement and will be listed in your order confirmation email. Unless otherwise expressly stated, the listed price does not include taxes, shipping, processing fees, customs duties, or import charges.

Prices posted in our online store may differ from those in physical stores, third-party operated online stores, or other stores. We may from time to time offer promotional activities that may affect pricing and are subject to terms of service other than these Terms. In the event of a conflict between the terms of a promotion and these Terms, the terms of the promotion shall prevail.

You agree to provide up-to-date, complete, and accurate purchase, payment, and account information when making purchases in our store. You agree to keep your account and other information, including your email address, credit card number, and expiry date, up-to-date so that we can complete your transaction and contact you if necessary.

You represent and warrant that (1) the credit card information you provide is true, correct, and complete; (2) you have duly authorized the use of your credit card for the purchase; (3) your credit card company will cover any costs incurred by you; and (4) you will pay any costs incurred by you at the published price, including shipping and processing fees and all applicable taxes (if any).

Section 5 - Shipping and Delivery
We assume no responsibility for shipping and delivery delays. All delivery times are estimates only and cannot be guaranteed to be accurate. We are not liable for delays caused by carrier, customs handling, or circumstances beyond our control. Once we hand over the product to the carrier, ownership and risk of loss transfer to you.

Section 6 - Intellectual Property
Our Services, including but not limited to all trademarks, brands, words, display content, images, graphics, product reviews, videos, and audio, and their design, selection, and arrangement, are the property of Shodojewelry, its affiliates, or licensors and are protected under U.S. and foreign patent, copyright, and other intellectual property laws.

These Terms allow you to use the Services for personal, non-commercial purposes only. You may not copy, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent. Unless expressly stated otherwise, nothing in these Terms shall be construed as granting you any patent, trademark, copyright, or other intellectual property license or other rights to Shodojewelry, Shopify, or any third party. Unauthorized use of this Service may violate federal and state intellectual property laws. Shodojewelry reserves all rights not expressly granted in this Agreement.

The name, logo, product and service names, designs, and slogans of Shodojewelry are trademarks of Shodojewelry or its affiliates or licensors. You may not use these trademarks without the prior written permission of Shodojewelry. The name, logo, product and service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing in the Service are trademarks of their respective owners.

Section 7 - Optional Tools
You may gain access to customer tools provided by third parties as part of the Service, but we neither monitor nor control these tools and cannot interfere with them in any way.

You acknowledge and agree that we provide access to such tools on an "as is" and "as available" basis without any warranties, representations, or conditions of any kind and without any endorsement. We assume no liability whatsoever for any liability arising out of or related to your use of optional third-party tools.

Your use of any optional tools provided on this website is at your own risk and decision. You should ensure that you are familiar with and agree to the terms of the tools provided by the relevant third-party providers.

In the future, we may also provide new features through the Service (including the release of new tools and resources). Such new features should also be considered part of the Service and are subject to these Terms of Service.

Section 8 - Third-Party Links
The Service may contain materials and hyperlinks (including any embedded third-party features) from websites provided or operated by third parties. We are not responsible for reviewing or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Service to access such materials or third-party websites, you do so at your own risk.

We are not liable for any damages or losses caused by your access to any third-party websites, or by purchasing or using any products, services, resources, or content on any third-party websites. Please carefully read and understand the policies and terms of third parties before making any transactions. If you have any complaints, claims, or concerns or questions regarding third-party products and services, please contact the third party directly.

Section 9 - Relationship with Shopify
Shodojewelry is powered by Shopify, which enables us to provide you with the Service. However, any sales and purchases you make in our store are directly with Shodojewelry. By using this Service, you acknowledge and agree that Shopify is not liable for any aspect of any sales you make with Shodojewelry, including any injury, damage, or loss arising from or related to any purchases of products or services. You hereby expressly release Shopify and its affiliates from any claims, damages, and liabilities arising out of or related to any purchases you make or transactions with Shodojewelry.

Section 10 - Privacy Policy All personal information we collect through the Service is governed by our Privacy Policy, which can be viewed here. Some personal information may be affected by Shopify's Privacy Policy, which can be viewed here. By using this Service, you acknowledge that you have read and understood this Privacy Policy.

Because the Service is hosted by Shopify, Shopify processes personal information about your access to and use of the Service in order to provide and improve the Service. Information you submit to the Service will be transferred to Shopify and third parties, who may be located in other countries outside your place of residence, to provide you with the Service. Please see our Privacy Policy [link] for details on how we, Shopify, and our partners use your personal information. Section 11 - Feedback

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, comments, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use. For example, we may use the rights granted under this license to operate, provide, evaluate, enhance, improve, and promote the Service, while fulfilling our obligations and exercising our rights under the Terms of Service.

You also represent and warrant that: (1) you own or hold all necessary rights to all Feedback; (2) you have disclosed any compensation or reward in connection with submitting Feedback; and (3) your Feedback complies with the provisions of these Terms. We have no obligation to (1) keep your Feedback confidential; (2) pay compensation for your Feedback; or (3) respond to your Feedback. We may (but are not obligated to) monitor, edit, or remove content that we deem illegal, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party's intellectual property or these Terms of Service.

You agree that your feedback will not infringe any rights of any third party, including copyright, trademark, privacy, personal rights, or other individual or membership rights. You also agree that your feedback must not contain defamatory or other illegal, abusive, or obscene content, nor any computer virus or other malicious software that may in any way affect the operation of the Service or any related website. You must not use a false email address, impersonate another person, or otherwise mislead us or any third party into believing the source of any feedback. You are solely responsible for any feedback you provide and its accuracy. We are not liable for, nor have any legal obligations to, any feedback posted by you or any third party.

Section 12 - Errors, Inaccuracies, and Omissions Information in the Service may sometimes contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping costs, delivery times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time, and have the right to change or update information or cancel orders at any time if the information is inaccurate, without prior notice (including after you have submitted your order).

Article 13 - Prohibited Uses
You may only access and use this service for lawful purposes. You may not, directly or indirectly, access or use the Service for the following purposes: (1) any illegal or malicious purpose; (2) to violate any international, federal, provincial, or state statute, regulation, law, or local ordinance; (3) to infringe or violate our intellectual property rights or the intellectual property rights of others; (4) to harass, abuse, insult, harm, defame, slander, intimidate, or harm any of our employees or any other person; (5) to disseminate false or misleading information; (6) to send, knowingly receive, upload, download, use, or reuse any material that does not comply with these Terms; (7) to send or cause to be sent any advertising or promotional material, including any “spam,” “chain mail,” “junk mail,” or any other similar promotional content; (8) to impersonate or attempt to impersonate any other person or entity; or (9) to engage in any other conduct that restricts or hinders any person’s use of or enjoyment of the Service, or any conduct that we believe may harm or hold liable Shodjewelry, Shopify, or Service users. In addition, you agree not to: (1) upload or transmit viruses or any other type of malicious code that will or may in any way affect the functionality or operation of the Service; (2) copy, reproduce, extract, sell, resell, or exploit any part of the Service; (3) collect or track the personal information of others; (4) send spam, phishing emails, spoofing emails, or abuse the Service under any pretext; (5) use any bots, web crawlers, scrapers, data collection and extraction tools, automated devices or processes, AI tools (such as proxy AI), or access the Service automatically or manually; or (6) interfere with, bypass, or circumvent our security, authorization features, bot exclusion headers, or other measures we take to restrict access to the Service. We have the right to suspend, disable, or terminate your account at any time without notice if we believe you have violated any part of these Terms.

Section 14 - Agents

14.1 This section (“Agent Terms”) applies if you use, permit, enable, or cause the deployment of an agent to access, use, or interact with any Service. An “agent” means any software or service that can act autonomously or semi-autonomously on behalf of or at the direction of any person or entity, and can perform on behalf of or use an individual’s or entity’s device without direct supervision.

14.2 No agent may access, use, or interact with the Service unless it always identifies itself and operates strictly in accordance with the requirements of Section 14.4 below. Furthermore, if we require an agent not to access, use, or interact with any Service, then no agent may access, use, or interact with the Service.

14.3 We may restrict any agent’s access to, use of, or interaction with the Service through technical measures and other means.

14.4 The agent must: (1) identify the request as originating from the agent in all HTTP/HTTPS requests and disclose the agent's name in the user agent string of the request by including the following: "Agent/[Agent Name]"; (2) not conceal or obscure the fact that any access, use, or interaction is from the agent, for example by (a) mimicking human behavior and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures designed to distinguish between computers and humans; (3) truthfully answer any questions or prompts designed to determine whether the interaction is from a human or a computer; and (4) not circumvent or otherwise evade any measures designed to prevent, restrict, modify, or control the agent's access to, use of, or interaction with the Service.

Article 15 - Termination
We may terminate this Agreement or your access to the Service (or any part thereof) at any time at our sole discretion without notice, but you will still be liable for all amounts due up to and including the termination date. Following termination of this Agreement, the following sections shall remain in force: Intellectual Property, Feedback, Termination Clause, Disclaimer, Limitation of Liability, Indemnification Clause, Severability Clause, Waiver Clause; the Entire Agreement, Assignment Clause, Applicable Law, Privacy Policy, and any other clauses that should essentially remain in force after termination.

Article 16 - Disclaimer
The information provided through this Service is for general informational purposes only. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance on such information is entirely at your own risk. We are not liable for any liability or obligation arising from reliance on such material by you, any other Service visitor, or any person who may access its content.

Unless expressly stated otherwise by Shodojewelry, this Service and all products offered through it are provided "as is" and "as available" without any representations, warranties, or conditions of any kind, express or implied, including implied warranties of merchantability, quality of goods, fitness for a particular purpose, durability, title, and non-infringement. We do not guarantee, warrant, or warrant that your use of the Service will be uninterrupted, timely, secure, or error-free. Some jurisdictions limit or do not allow the exclusion of implied warranties or other types of warranties, therefore the above disclaimer may not apply to you.

Section 17 - Limitation of Liability
To the maximum extent permitted by law, Shodorjewelry, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, or licensors, and Shopify and its affiliates, shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to loss of profits, loss of revenue, loss of savings, loss of data, replacement costs, or any similar damages, whether based on contract, tort (including negligence), strict liability, or other legal cause, arising from your use of any Service or any product obtained through the Service, or any other claim relating to your use of the Service or any product, including but not limited to errors or omissions in any content, or any loss or damage of any kind arising from your use of the Service or any content (or product) published, transmitted, or otherwise made available through the Service, even if advised of the possibility of such damages.

Article 18 - Indemnification
You agree to indemnify, defend, and hold harmless Shodorjewelry, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any loss, damage, liability, or claim (including reasonable attorneys' fees) payable to third parties arising from: (1) your breach of these Terms of Service or documents incorporated herein by reference; (2) your infringement of any law or third party's rights; or (3) your access to and use of the Service.

We will notify you of any claim requiring indemnification, but failure to receive timely notification will not release you from your indemnification obligations unless you suffer material damage as a result. We may control the defense and settlement of such claims at your expense, including the selection of attorneys, but we will not settle any claim requiring you to assume a non-monetary obligation without your consent (which you may not unreasonably refuse). You shall cooperate in the defense of any claim requiring indemnification, including providing relevant documentation.

Article 19 - Severability

If any provision of these Terms of Service is held to be illegal, invalid, or unenforceable, such provision shall remain enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severable from these Terms of Service. Such determination shall not affect the validity and enforceability of any remaining provisions.

Article 20 - Waiver; Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service, along with any policies or operating rules we have on this website or related to the Service, constitute the entire agreement and understanding between you and us, and bind you to your use of the Service, superseding any prior or contemporaneous oral or written agreements, communications, and proposals between you and us (including, but not limited to, any prior versions of these Terms of Service).

No ambiguity in the interpretation of these Terms of Service may be detrimental to the drafters.

Section 21 - Assignment

You may not delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt shall be void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.

Section 22 - Governing Law

These Terms and Conditions (including their formation, validity, performance, interpretation, breach and termination) and any disputes or claims arising out of or in connection with them shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region, without regard to its conflict of law principles.

Any dispute arising from or in connection with these Terms and Conditions shall first be resolved through friendly negotiations. If negotiation fails, either party may submit the dispute to the Hong Kong International Arbitration Centre (HKIAC) for arbitration in accordance with its rules in effect at the time of applying for arbitration. The place of arbitration shall be Hong Kong. The language of arbitration shall be English (or bilingual in Chinese and English, to be mutually agreed). The arbitral award shall be final and binding upon both parties.

To the extent permitted by law, if the arbitration clause is deemed invalid or unenforceable, each party irrevocably agrees that any legal action or proceeding arising out of or in connection with these Terms and Conditions shall be brought exclusively in the courts of the Hong Kong Special Administrative Region having jurisdiction. You hereby consent to the jurisdiction of such courts and waive any objection to such jurisdiction.

Section 23 - Headings
The headings used in this Agreement are for convenience only and do not limit or otherwise affect these Terms.

Section 24 - Changes to the Terms of Service
You can view the latest version of the Terms of Service on this page at any time.

We have the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date specified in the notice. Your continued use of or access to the Service after any changes to these Terms of Service are posted constitutes your acceptance of those changes.

Section 25 - Contact Information
If you have any questions about the Terms of Service, please send your inquiries to davidz@shodojewelry.com.