FREE SHIPPING ON ALL ORDERS • 30-DAY MONEY-BACK GUARANTEE • INSURED SHIPPING
FREE SHIPPING ON ALL ORDERS • 30-DAY MONEY-BACK GUARANTEE • INSURED SHIPPING
FREE SHIPPING ON ALL ORDERS • 30-DAY MONEY-BACK GUARANTEE • INSURED SHIPPING
This Website Terms of Use Agreement and all of the terms incorporated herein by reference (collectively, the “Terms”) governs your use of the website located at www.xaxjewelry.com (the “Site”), which is owned and operated by xaxjewelry.com (“XAX,” “we,” “us” and “our”). These Terms are important and affect your legal rights, so please read them carefully. Note that Section 21 of these Terms contains a mandatory arbitration provision that requires the use of arbitration on an individual basis and limits the remedies available to you in the event of certain disputes.
By accepting these Terms, you represent that you are 18 years of age or older and that, if you have accepted these Terms on behalf of any person or entity, you represent that you have legal authority to do so and that such person or entity agrees to be responsible to us if you or such person or entity violates these Terms.
If you do not agree to every provision of these Terms, you may not access, browse or use the Site or order, receive, or use products made available through the Site (the “Products”) or any services made available through the Site (collectively, the “Services”).
By accessing or using the Site, you represent and warrant that you have not been previously suspended or removed from the Site or engaged in any activity that could result in suspension or removal from the Site.
These Terms may be revised at any time for any reason, and XAXmay provide you notice of these changes by any reasonable means, including by providing notice through the Site. We strongly recommend that you periodically visit this page of the Site to review these Terms. If you do not agree to the revised Terms, you may not access or use the Site or order, receive or use Products or Services made available through the Site.
In order to access and use certain areas or features of the Site, you will need to register for a XAX account. Each registration is for a single user only.
By creating a XAX account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update, as necessary, your account information, (c) maintain the security of your account credentials, (d) be responsible for the acts or omissions of any third party who has authority to access or use the Site on your behalf, and (e) immediately notify us if you discover or otherwise suspect any security breaches related to the Site or your account. Any changes to your registration information may be made by logging into your account and correcting the relevant information. If you provide information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Site.
When creating a XAX account, you also request and authorize XAX to use your personal information to communicate with you and you will be asked to consent to receive electronic communications from XAX (e.g., via email or by posting notices to the Site). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. At the time that you create your XAX account, we will offer you the opportunity to receive promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third party payment processor) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Order”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your Order. In the event you want to change or update payment information associated with your XAX account, you can do so at any time by logging into your account and editing your payment information.
All prices are shown in local currency, and applicable taxes and other charges, if any, are additional. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice. We will not, however, be able to notify you of changes in any applicable taxes.
While we make every attempt to avoid errors in pricing and product information, some information (including prices) may be inaccurately displayed on the Site due to system or typographical errors. We reserve the right to correct any and all errors in pricing or product information when they occur, and we do not honor inaccurate or erroneous prices. If a Product’s listed price is lower than its actual price, we will, at our discretion, either contact you for instructions before shipping the product or cancel the Order and notify you of such cancellation. If the Order has been shipped, you agree to either return the Product (at your own expense) or pay the difference between the actual and charged prices.
All of our Products and Services are subject to availability, and we reserve the right to impose quantity limits on any Order, to reject all or part of an Order and to discontinue offering certain Products and Services without prior notice.
We have attempted to accurately depict the Products offered on this Site. However, because the color you see is dependent on your computer monitor, we cannot guarantee that the color you see will be accurate. The products may also appear larger or smaller than their actual size depending on your monitor. Some photographs of products may have been enlarged to show detail.
You are responsible for inspecting all Products you receive from us for any damage or other issues upon delivery.
You are not permitted to resell or otherwise use the Products or Services for commercial purposes.
Unless otherwise indicated in writing by us, the Site and all content and other materials contained therein, including, without limitation, the XAX logo and all designs (including without limitation jewelry designs), text, graphics, pictures, information, data, software, User Content (as defined in Section 1), other files and the selection and arrangement thereof (collectively, “Content”) are the property of XAX or our licensors or users, as applicable, and are protected by U.S. and international copyright and other laws.
Subject to these Terms, you are hereby granted a personal, non-exclusive, non-transferable, non-sublicenseable license to access and make personal, non-commercial use of the Site and Content. All rights not expressly granted herein are reserved. You do not acquire any ownership interest in the Site or Content under these Terms or any other rights thereto other than to use the Site in accordance with the license granted, and subject to all terms, conditions and restrictions of these Terms.
However, such license is subject to these Terms and does not include any right to, and you shall not, directly or indirectly: (a) sell, resell or use commercially the Site or Content, (b) distribute, publicly perform or publicly display any Content, (c) modify or otherwise make any derivative uses of the Site or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than the page caching) any portion of the Site or Content, except as expressly permitted by us, (f) use the Site to stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity, (g) interfere with the Site or servers or networks used in connection with the Site, or (h) use the Site or Content other than for their intended purposes.
Any use of the Site or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of XAX or any third party, whether by estoppel, implication or otherwise. This license is revocable at any time.
You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Content, and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Content.
The XAX logo, and any other XAX product or service names, trademarks, logos or other indicia (“Marks”) that may appear on the Site, Services or Products, are the property of XAX or its subsidiaries, affiliates or third parties and may not be copied, imitated or used, in whole or in part, without our prior written permission. Nothing contained in the Site shall be construed as granting, by implication or otherwise, any license or right to use any such Mark without the prior written permission of XAX or such third party that may own such Mark. Your misuse of any such Mark, or any other Content, is strictly prohibited.
XAX is committed to processing and protecting the personal data collected when you use the Site in compliance with its obligations under applicable privacy laws, laws governing the privacy of your personal data, including, if applicable to you, the European Union General Data Protection Regulation. XAX’s policy is to retain personal data necessary to provide our Services, except that we may retain your personal data for longer periods where reasonably necessary to comply with our legal obligations (including law enforcement requests), meet regulatory requirements, resolve disputes, maintain security, prevent fraud and abuse, enforce these Terms, or fulfill your request to “unsubscribe” from further messages from us. This policy applies to personal data that you or others provided to us and personal data generated or inferred from your use of our Services. When XAX is the data controller, we will decide how your personal data is processed and for what purposes.
Where XAX has a good faith belief that such action is necessary to comply with a judicial proceeding, court order, warrant, administrative order, civil investigative demand, subpoena or other valid process, XAX may disclose IP addresses, personal information and any contents of the Site where it is legally compelled to do so.
We implement a number of security features to help guarantee and ensure the best possible way that your information is safe. We use industry standard technologies when transferring and receiving customer data exchanged between XAX and third parties to ensure its security. User data may be stored on servers maintained by our third party partners and subject to their security safeguards which are continuously audited, with certifications from accreditation bodies across geographies and verticals. All financial transactions are made securely.
If you elect to receive marketing and support Text Messages from us, either via our website or by sending a Text Message indicating your consent, you are providing (and signing) your prior express written consent to receive recurring marketing or promotional and support Text Messages from us (each, a “Text Message”) sent through an automatic telephone dialing system. These may include cart abandon messages. Message frequency varies. This service is optional, and your consent is not a condition for purchase.For assistance, please contact us by sending an email to help@xaxjewelry.com. In addition to any fee of which you are notified, your mobile provider’s message and data rates may apply to our confirmation Text Message and all subsequent Text Message correspondence according to your individual rate plan provided by your wireless carrier. Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving Text Messages. Under no circumstances will we or our affiliates be responsible for any Text Messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your carrier does not permit Text Messages, you may not receive the Text Messages. Neither we nor the wireless carriers (such as T-Mobile) will be liable for any delays in the receipt of, or failure to deliver, any Text Messages, as delivery is subject to effective transmission from your network operator. Text Message services are provided on an “AS IS” basis. Data obtained from you in connection with any Text Message services may include your cell phone number, your provider’s name and the date, time and content of your Text Messages. We may use this information in accordance with our Privacy Policy to contact you and to provide the services you request from us.
You are solely responsible and liable for all data, information and other materials (“User Content”) that you submit, upload, post, email or otherwise transmit (“Transmit”) in connection with the Site. In addition, we have no control over, and shall have no liability for, any damages resulting from the use (including without limitation republication) or misuse by any third party of information made public through the Site.
You agree that you will not, and will not permit anyone else to, directly or indirectly:
Transmit any User Content that is unlawful, harmful, threatening, abusive, hateful, obscene, harassing, tortious, defamatory, libelous, slanderous, pornographic, profane, vulgar, offensive, lewd, invasive of another’s privacy or racially, ethnically or otherwise objectionable;
Transmit any User Content: (a) that you do not have the right to Transmit, under any law or contractual or fiduciary relationships, including, without limitation, any insider information or proprietary or confidential information; (b) that infringes any patent, copyright, trademark or other intellectual property right or misappropriates any trade secret or right of privacy of any third-party; (c) that constitutes unsolicited or unauthorized advertising or promotional materials, “spam,” “chain letters” or pyramid schemes; or (d) that contains any software routine, code, instruction or virus that is designed to disable, delete, modify, damage or erase software, hardware or data;
Forge headers or otherwise manipulate identifiers in order to disguise any User Content Transmitted through the Site.
Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense.
We do not claim any ownership interest in your User Content. However, by uploading, posting or submitting User Content to the Site or to our pages or feeds on third party social media platforms (e.g., XAX’s Facebook page, Instagram page or Twitter feed), you hereby grant XAX a nonexclusive, royalty-free, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display your User Content, in whole or in part, in any manner or media and for any purpose whatsoever at our sole discretion, including, without limitation, for publicity, promotional, advertising, trade, business, illustration, artistic and other commercial and noncommercial purposes.
You acknowledge and agree that XAX may disclose or use any User Content that you Transmit for purposes that include, but are not limited to: (a) enforcing these Terms; (b) complying with any laws, regulations or rules of any federal, state or local government or agency; (c) responding to claims that any User Content violates the rights of third parties; or (d) protecting the rights or property of XAX, its customers or the public.
Separate and apart from User Content, you can submit questions, comments, suggestions, ideas, original or creative materials or other information about XAX, the Site, our Products or Services (collectively, “Feedback”). Feedback is nonconfidential and shall become the sole property of XAX. XAX shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
We have not reviewed all of the websites linked to the Site and are not responsible for the content of any third-party pages or any other websites linked to the Site. Nothing in the Site, including, without limitation, any links to other websites, should be construed as an endorsement of any products, services or information of any other persons or companies by XAX. Your choice to link to any other website is at your own risk, and you agree to comply with all terms and conditions relating to such websites. XAX reserves the right not to link, or to remove the link, to a particular website at any time. Any links to third party websites are provided as a convenience to you and are neither owned nor operated by XAX. We have no control over these linked websites and make no representations or warranties with respect to these linked websites. Your viewing and use of any third party websites is at your sole discretion and risk.
The site, the content and all products and services are provided on an "as is", "as available" and "with all faults" basis. To the fullest extent permissible by law and except as otherwise provided herein,neither XAX nor the XAX Parties make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (a) the site; (b) the site content;(c) user content; (d) any product or service; or (e) security associated with the transmission of information to the site. In addition, the XAX Parties hereby disclaim all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, that any results will be achieved, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.
The XAX Parties do not represent or warrant that the site will be error-free or uninterrupted; that defects will be cothat the site, services or the server that makes the site and services available is free from any harmful components, including, without limitation, viruses. The XAX Parties do not make any representations or warranties that the information (including any instructions) on the site or services is accurate, complete or useful. You acknowledge that your use of the site and services is at your sole risk. The XAX Parties do not warrant that your use of the site or services is lawful in any particular jurisdiction, and the XAX Parties specifically disclaim such warranties. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to you to the extent such jurisdiction's law is applicable to you and these terms.
By accessing or using the site and services you represent and warrant that your activities are lawful in every jurisdiction where you access or use the site and services.
The XAX Pties do not endorse content and specifically disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any content.
To the fullest extent permitted by applicable law, in no event shall the XAX Parties be liable for any indirect, special, incidental, punitive, or consequential damages of any kind (including, but not limited to: loss of revenue, income, or profits; loss of use or data; loss or diminution in value of assets or securities; or damages resulting from business interruption), whether or not such damages arise from or are in any way connected with access to or use of this Website, the Services, or the Content (including, without limitation, User Content and links to third-party websites); whether or not such damages arise from the ordering, receipt, or use of any products or services; or whether or not such damages are otherwise related to these Terms (including, without limitation: any damages caused by or resulting from reliance on any information obtained from the XAX Parties; or damages resulting from events beyond the XAX Parties’ reasonable control—such as site interruptions, deletion of files or emails, errors or omissions, defects, bugs, viruses, Trojan horses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to the XAX Parties’ records, programs, or systems); regardless of the form of action, and whether the claim is based on contract, tort (including, without limitation, simple negligence—whether active, passive, or imputed), or any other legal or equitable theory (even if a relevant party has been advised of the possibility of such damages, and regardless of whether such damages were foreseeable).
To the fullest extent permitted by applicable law, the maximum aggregate liability of the XAX Parties (collectively) for any claims arising out of or in any way related to the ordering, receipt, or use of products or services from this website shall, under no circumstances, exceed the actual amount paid by you for such products or services. This limitation of liability shall apply even if any remedy available to you under this Agreement fails of its essential purpose; and, regardless of the form of action (whether in contract, tort—including, without limitation, negligence, whether active, passive, or imputed—or any other legal or equitable theory), the foregoing shall constitute the entire liability and obligation of the XAX Parties with respect to this matter.
To the fullest extent permitted by applicable law, you, on behalf of your heirs, executors, administrators, and legal and personal representatives, hereby release, waive, discharge, and forever acquit the XAX Parties from all claims arising out of or in any way related to these Terms (whether such claims currently exist or may arise in the future); and, concurrently, you agree not to sue the XAX Parties with respect to any such claims.
If you are a resident of California, you hereby waive your rights under Section 1542 of the California Civil Code, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her would have materially affected his or her settlement with the debtor.”
Please read the following section carefully, as it requires you to resolve certain disputes and claims with XAX through arbitration and limits the manner in which you may seek relief from us.
To the fullest extent permitted by law, you and XAX agree that any dispute, claim, or controversy arising out of, or in any way relating to, these Terms or the Services shall be finally resolved by binding arbitration conducted by a single neutral arbitrator in accordance with the relevant rules of the American Arbitration Association (as applicable to consumer or commercial disputes, depending on the circumstances). Arbitration uses a neutral arbitrator to resolve disputes instead of a judge or jury; discovery in arbitration is more limited than in court litigation; and arbitration proceedings and results are subject to very limited review by courts. In arbitration, you have the right to be represented by an attorney of your choice at your own expense. The arbitrator has the power to award the same damages and relief that a court could award under these Terms. You and XAX agree that any in-person arbitration hearings involving consumer disputes shall take place within the United States, specifically in the same county and state as your billing address; for other types of disputes, hearings shall take place in Wilmington, Delaware. XAX further agrees that the maximum filing fee you will be required to pay in the arbitration proceeding shall be the amount established by the American Arbitration Association. By accepting these Terms, you agree that the U.S. Federal Arbitration Act shall govern the interpretation and enforcement of this Arbitration Provision; furthermore, both you and XAX waive your respective rights to a jury trial, as well as your rights to participate in any class action litigation. This Arbitration Provision shall survive the termination of these Terms or your cessation of use of the Services. Regardless of the forum in which a dispute is resolved, you and XAX agree that neither party may bring a claim against the other as a plaintiff or class member in any purported class or representative proceeding. Furthermore, unless you and XAX otherwise agree in writing, the arbitrator may not consolidate or join the claims of multiple parties with your claims, nor may the arbitrator preside over any form of representative or class proceeding. If the specific provision set forth above within this Arbitration Clause is found to be unenforceable, then the entirety of this Arbitration Clause shall be rendered null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Site (or any features or parts thereof) or the provision of any Products or Services at any time.
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Site and to order or receive and use the Products or Services, at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.
If any term, clause or provision of these Terms is held invalid or unenforceable, that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision or any other term, clause or provision of these Terms.
These Terms constitute the entire agreement between you and Charles & Colvard relating to your access to and use of the Site and your order, receipt and use of Products and Services. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Charles & Colvard. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and Charles & Colvard’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.
We expect users of the Site to respect the intellectual property rights of others. If you believe in good faith that any of the content on the Site infringes your copyright, please provide to our copyright agent the written information specified below.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Site;
Your address, telephone number and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
A statement by you, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner, or are authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
XAX’s copyright agent for notice of claims of copyright infringement on the Site can be reached as follows:
XAX Jewelry.
Ka To Factory Building, 2 Cheung Yue St, Lai Chi Kok, Kowloon, Hong Kong 999077
