Terms & Conditions

Registration

Gracie Jewelley website(s) (our "Site" or "Sites") and related services are made available to you in accordance with the following Terms of Use & Service, and any other rules posted on our Sites (collectively, the "TOS"). Please read the TOS carefully before placing any orders on www.graciejewellery.com. We recommend you should keep a copy of the TOS for future reference.

In particular, we wish to draw your attention to our policies relating to the terms of purchase within the TOS and our Privacy Policy. If you are under 16 you must let your parent or guardian know about Gracie Jewellery’s Privacy Policy before you register to use this Site or any of this Site's services. We reserve the right to only accept orders from those over 18. We may modify the TOS from time to time. The TOS shall be in English only. Please read the TOS and check back often. If you do not agree to any change to the TOS then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.

Eligibility to Purchase

In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the billing information provided. The Site is available only to individuals and others who meet the Gracie Jewellery terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to Gracie Jewellery, whose applications are acceptable to Gracie Jewellery and who have authorized Gracie Jewellery to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. In addition, Gracie Jewellery reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address. By making an offer to purchase merchandise you expressly authorize us to perform credit checks and, where Gracie Jewellery feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorization and to authorize individual purchase transactions. Furthermore, you agree that we may use Personal Information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information. Please refer to our Privacy Policy for further information about how we use your data.

 Orders

All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers. Gracie Jewellery offers products for sale that are handmade just for you when you place your order and are dispatched from our studio. Occasionally however, we may run out of supplies, in this instance you will be notified and you can decide if you wish to wait for the item or choose an alternative item.

Pre-Orders

From time to time, there may be special items offered for pre-order. 

Pre-orders are only considered valid on full payment of the amount stated on the Site. We will not process the order until full payment has been received.

Delivery times on pre-ordered items vary across products, according to demand and supply availability. We will endeavor to deliver the product to you within the stated amount of time. Customers must accept that pre-ordered items will not be delivered within normal delivery times.

Pricing Policy

Prices shown on the Site are in Canadian dollars. All prices and offers remain valid as advertised from time to time. The Canadian price of a product displayed on the Site at the time the order is accepted will be honored, except in cases of patent error.

Where the price of a product is converted and displayed in an alternative currency to Canadian dollars, such conversion price is indicative only. The price deducted by us from your credit/debit card will be the Canadian price of the product displayed on the Site along with any additional delivery charges (if applicable). If you are a customer whose credit/debit card is not denominated in Canadian dollars the final price will be calculated in accordance with the applicable exchange rate applied by your card issuer to process the transaction.

Acceptance of your Order

Once you have made your choice and your order has been placed, you will receive an email confirming the details of your order. This confirms your order and the contract between you and Gracie Jewellery will be completed when we email you to confirm the goods have been dispatched. The sale contract is therefore concluded in Ontario, Canada and the language of the contract is English. We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, or that you do not meet the eligibility criteria set out within the TOS. We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

Whilst every effort is made to make sure details on our website are accurate, we may from time to time discover an error in the pricing of products. If we discover an error in the pricing of a product in your order, we will let you know as soon as possible. We shall be under no obligation to accept or fulfill an order for a product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you order a product that is priced incorrectly for any reason, we will email you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you have already paid for the goods, we shall refund the full amount as soon as we are able. 

Payment

Payment can be made by Visa, MasterCard and American Express, and any other methods which may be clearly advertised on the Site. Payment will be debited and cleared from your account at the time of placing your order, by Gracie Jewellery. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to Gracie Jewellery, we will not be liable for any delay or non-delivery. We take reasonable care to make our Site secure. All credit/debit card transactions on this site are processed using Swipe, a secure online payment gateway that encrypts your card details in a secure host environment. If you are a registered Gracie Jewellery user, we will securely store your credit/debit card details on our systems. These details will be fully encrypted and only used to process card transactions which you have initiated. To help ensure that your shopping experience is safe, simple, and secure, Gracie Jewellery uses Secure Socket Layer (SSL) technology. Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Site.

Insurance and Delivery

All packages are shipped with a tracking number. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that once the tracking has been marked "delivered" at that delivery address, delivery is complete. Please note, oftentimes, Canada Post/USPS will leave the package outside of the premises at the shipping address without notifying the addressee by ringing the doorbell. It is your responsibility to watch the tracking and retrieving the package once delivered.

If the tracking on your package shows as delivered but it wasn't in your mail box, please check with everyone in your household or your neighbours to see if they have taken it in. Any package shown delivered but not received will not be replaced until the Post Office completes their investigation. You can expedite this process by calling your local post office to have them look up the actual scan via the gps system on every postal truck. If the post office determines your package was delivered but you cannot find it anywhere you will need to file a police report for stolen mail. The police take stolen mail very seriously. Gracie Jewellery will need a copy of the police report before the stolen package is replaced. We  will do our best to help you with this, but you will need to do a little work on your end.

On occasion, Canada Post/USPS may refuse to deliver your order if they are of the opinion that the shipping address is considered to be unsafe.

Delivery times appearing on the site are estimates and are to be used as a guide only and commence from the date of dispatch. Gracie Jewellery is not responsible for any delays caused by destination customs clearance processes. 

If you order goods from our site for delivery to an international delivery destination, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.

You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information prior to placing an order. No refunds will be given if you refuse to pay any customs charges.

You must comply with all applicable laws and regulations of the International Delivery Destination. We will not be liable if you breach any such law

Faulty Goods

Items that are damaged as a result of normal wear and tear are not considered to be faulty. 

We have made every effort to display as accurately as possible the colours of our products that appear on the Gracie Jewellery website. However, as computer monitors vary, we cannot guarantee that your monitor's display of any colour will be completely accurate.

Please also note that by the very nature of their formation, no two gemstones are the same and every gemstone contained in Gracie Jewellery will be unique.  Inclusions and variations in colour are to be expected and part of the beauty of natural stones. We therefore cannot guarantee that the pieces will be identical to the product images on the Site.

Intellectual Property Rights

Your use of the Sites and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below), including Gracie Jewellery Software and all HTML and other code contained in this Site. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorized by Gracie Jewellery and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.

Content

In addition to the Intellectual property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. Gracie Jewellery tries to ensure that the information on this site is accurate and complete. Gracie Jewellery does not promise that Gracie Jewellery's Content is accurate or error-free. Gracie Jewellery does not promise that the functional aspects of the Site or Gracie Jewellery's Content will be error free or that this Site, Gracie Jewellery Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.

All pictures and designs are the personal property of Gracie Jewellery and may not be replicated without our consent.

No Commercial Use

This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.

 Your Activity

You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis.

Limits on our Liability

Gracie Jewellery is intended for wear by people 18 years or older. Jewellery is not a toy.  If you choose to gift Gracie Jewellery or allow Gracie Jewellery to be worn by a person under the age of 18, Gracie Jewellery accepts no liability for personal injury and/or death arising from your negligence.

Compensation

At our request, you agree to compensate us fully, defend us, and hold Gracie Jewellery harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you, including the use by any other persons accessing this Site using your Internet account caused by your action or inaction.

Our Relationship

You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and Gracie Jewellery as a result of the TOS or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of Gracie Jewellery, and we shall not be liable for any representation, act, or omission on your part.

No Waiver

If you breach the TOS and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the TOS.

 Customer Services

Please contact our Customer Services team at graciej@cogeco.ca if you have any queries about the TOS or your purchase of goods.

Governing Law

The TOS together with all our policies and procedures will be governed by Canadian law. This means a contract for the purchase of goods through our site and any dispute or claim arising out of or in connection with it will be governed by Canadian law. You and we both agree that the courts of Canada will have exclusive jurisdiction.