Terms of Service
Last Updated: July 8, 2020
This website is operated by Raffi Jewellers Inc. Throughout the site, the terms "we", "us" and "our" refer to Raffi Jewellers Inc. Raffi Jewellers Inc. offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated in these Terms of Service.
By visiting our site and/or purchasing something from our online store, you engage in our "Service" and agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink (together, the "Terms of Service"" or "Terms"). These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services, including by making a purchase through the site.
Any new features or tools which are added to the current store or site shall also be subject to the Terms of Service unless we provide otherwise in writing. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Raffi-Jewellers.ca is hosted by Smart Age Solutions. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Section 1 - Online Store Terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province/territory of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a harmful, disruptive or destructive nature.
A breach or violation of any of the Terms may result in an immediate termination of our Services to you in our sole and absolute discretion.
Section 2 - General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changed to conform and adapt to technical requirements of connecting networks or devices. Credit card information is encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Section 3 - Accuracy, Completeness and Timeliness of Information
To the fullest extent permitted by applicable law, we are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Section 4 - Modifications to the Service and Prices
Prices for our products are subject to change without notice. Prices may differ from those for purchases made through other channels. For example, prices may differ online and in store. Not all products or brand names are available for purchase online.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Section 5 - Products or Services
Certain products or services may be available exclusively online through the website. Other products or services may be available exclusively in our physical locations.
Products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have sought to display as accurately as possible the colors and images of our products that appear on our site. We cannot guarantee that your computer monitor's display of any color will be accurate.
Section 6 - Our Rights Regarding Orders
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, household, geographic region or jurisdiction per order, or on any other basis. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product or Service pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product or Services at any time. Any offer for any product or Service made on this site is void where prohibited. In the event that we choose not to ship an item, you will be notified accordingly and any amount charged in relation to your order will be refunded. We reserve the right to refuse any order you place with us.
We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
We reserve the right to verify the validity of all orders and cancel any order if we find evidence of fraud, tampering and/or any other violation of these Terms. All orders and other requests, including returns and exchanges, are subject to verification by us at any time and for any reason in our sole discretion. We reserve the right, in our sole and absolute discretion, to require proof of identity (in a form acceptable to us): (i) for the purposes of verifying the legitimacy of any order and/or other information; and/or (ii) for any other reason we deem necessary, in our sole and absolute discretion, for the purposes of fulfilling an order or enforcing these Terms or our Return Policy in accordance with our interpretation of these Terms. In order to help protect you and us from fraudulent transactions, we may provide your transaction-related information to a reputable third party organization to perform an address verification.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
We reserve the right to decline an order if payment information does not pass the qualifying rules, including, but not limited to; payments from cards issued outside of Canada, failed CVC verification, failed postal code verification and delivery addresses that contain Postal Code Box information (PO Box.) Additional information may be required for purchases exceeding $10,000.00.***
Section 7 - Accuracy of Billing and Account Information
You agree to provide current, complete and accurate purchase information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Return Policy.
Section 8 - Payment and Delivery
You have a legal obligation to pay for any orders indicated to be made by you. In order to complete an order through the website, you may be required to provide certain information that is required to process your order. For example, you will be required to provide valid payment information (e.g. a valid credit card number and expiration date) to facilitate payment of your order. By completing an order through the website, you are agreeing to pay, in full, the prices and all applicable taxes and specified shipping and handling and other fees in relation to your order, either by credit card or other permitted payment method. Unless otherwise indicated, all dollar amounts on the website are in Canadian Dollars.
We reserve the right, in our sole and absolute discretion, to change the permitted methods of payment, including without limitation, the credit cards and/or other types of payment options we are able to accept, at any time. If complete payment for your order is not received and verified by us, your order will not be processed. If you do not complete or improperly complete your order it may not be accepted or acknowledged.
A hold will be placed on your credit card at the time the order is placed. Once the order has been reviewed, approved and processed, the hold will be released and your card will be charged. You will be responsible for all applicable taxes related to your order. Applicable taxes will be charged at the time you are billed. Applicable sales tax will also be applied to the shipping and handling, return shipping and gift packaging or other charges. Taxes may depend on delivery location.
Please note that adding an item or items to your shopping cart ("Cart") does not reserve such item(s) for you or guarantee that you will be able to purchase such item(s) at a later date. An item can sell out while it's sitting in your Cart. If an item was removed from your Cart, this may mean that we have sold out prior to you completing your Order. We reserve the right, in our sole and absolute discretion, to change the prices offered on the website at any time, including without limitation, items that have been placed in your Cart.
Section 9 - Delivery
The estimated delivery time will be specified when you place your order. However, as we use a third party to ship purchases, your order may arrive before or after the stated date.
Purchases will only be shipped to a valid mailing address recognized by the third party shipping company. We do not ship outside of Canada. In the event we are not able to ship to the shipping address you provide, we will notify you, your order will be cancelled, and you will receive a refund in respect of your purchase (unless you provide an alternate eligible shipping address).
Please note that multiple orders may not always be shipped together. In addition, depending on the size of your order, you may receive several shipments to complete your order.
Section 10 - Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
To the fullest extent permitted by applicable law, any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service, unless we provide otherwise in writing.
Section 11 - Third-Party Links
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party and not to us.
Section 12 - User Comments, Feedback and other Submissions
We may, but have no obligation to, monitor, edit or remove Comments and content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service, or for any other reason in our sole and absolute discretion.
You agree and represent to us that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.
If you are a copyright or trade-mark owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright or trade-mark, or any other intellectual property law, and you believe your intellectual property rights may have been infringed by material on this site, you may contact us using the information below.
Section 13 – Ownership of the Website and Personal Information
The website consists of various graphics, texts, icons, buttons, videos, audio and other files, images, designs, texts, trade-marks, brand names, software and other materials (collectively, the "Content") that have been provided by us and/or other individuals or entities. All such Content is owned by us and/or the applicable third party. You hereby acknowledge that the website and each component of the website (including, without limitation, the Content) are protected to the fullest extent permitted by applicable law – including, but not limited to, copyright, trade-mark, patent and all other applicable intellectual property and other laws. Your use of the website does not grant or transfer to you any ownership or other rights in the website or any Content, and except as expressly provided, nothing herein or within the website or any Content shall be construed as conferring on you or any other person or entity any license under any of our or any third party's intellectual property or other rights. Any rights not expressly granted to you in this Agreement are expressly reserved. You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit the website, or any Content, in whole or in part, except as expressly authorized by us in writing. For greater certainty and the avoidance of any doubt, you agree that you will not take any action that is inconsistent with our ownership of the website and/or our ownership of, or any third party's ownership of, any Content. You are hereby expressly prohibited from removing any proprietary notice of ours, or any third party, from any copy of the website or any Content.
Certain names, graphics, logos, icons, designs, words, titles or phrases contained within the website and/or Content may constitute trade names, registered or unregistered trade-marks or service marks (collectively, "Trade-marks") of us or other third party individuals or entities.
Trade-marks may be unregistered or registered in Canada and in other countries, as applicable. All Trade-marks not owned by us are the property of their respective owners, and, where used by us are used under license or with permission. All Trade-marks are and shall remain the sole and exclusive property of their respective owner(s). Any use of such Trade-marks, except as expressly provided for herein, without the express written consent of the applicable owner is strictly prohibited. Nothing contained herein or on the website or any Content may be construed as granting, by implication, estoppel, or otherwise, any license to use any Trade-mark(s). You agree that you will not take any actions inconsistent with our ownership of, or any third party's ownership of, the Trade-marks.
Section 14 - Personal Information
Section 15 - Errors, Inaccuracies and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability or other matters. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Section 16 - Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of harmful, disruptive or malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses, as we determine in our sole and absolute discretion.
Section 17 - Disclaimer of Warranties; Limitation of Liability
To the fullest extent permitted by applicable law:
- We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
- We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
- You agree that from time to time we may remove the service for indefinite periods of time or cancel the Service at any time, without notice to you.
- You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
- ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE WEBSITE OR ANY CONTENT ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED.
- THE INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE OR ANY CONTENT IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.
- COMMENTS OR OPINIONS EXPRESSED ON THE WEBSITE ARE THOSE OF THEIR RESPECTIVE USERS ONLY. COMMENTS OR OPINIONS EXPRESSED ON THE WEBSITE AND IN USER CONTENT DO NOT NECESSARILY REPRESENT OR REFLECT THE VIEWS OF RAFFI JEWELLERS INC. WE ARE NOT RESPONSIBLE FOR, AND DISCLAIM ALL LIABILITY IN RELATION TO, ANY AND ALL USER CONTENT POSTED, UPLOADED OR OTHERWISE SUBMITTED TO OR THROUGH THE WEBSITE.
- In no case shall Raffi Jewellers Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Section 18 - Indemnification
You agree to indemnify, defend and hold harmless Raffi Jewellers Inc., and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Section 19 - Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 20 - Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Section 21 - Entire Agreement
The failure of us 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 and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Section 22 - Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Canada.
Section 23 - Changes to Terms of Service
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Section 24 - Contact Information
For further information please contact us via the below methods:
Raffi Jewellers Flagship Boutique
101-299 Hespeler Road
Telephone: (519) 740-7720