Terms of Service

OVERVIEW

This website is operated by Sunfeel. Throughout the site, the terms “SUNFEEL JEWELRY,” “we,” “us,” and “our” refer to Sunfeel. Sunfeel 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 here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms of Service (“Terms”), including any additional terms and policies referenced herein or available by hyperlink. These Terms include a mandatory arbitration provision and a waiver of class actions, which affect your legal rights.

These Terms apply to all users of the site, including browsers, customers, merchants, and contributors of content. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any Services.

Our store is hosted on Shopify Inc., which provides the e-commerce platform that allows us to sell our products and Services.

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 of residence. If you permit a minor dependent to use this site, you are solely responsible for supervising such use and for ensuring that the minor complies with these Terms, including responsibility for any purchases made or information provided by the minor.

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 destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse or cancel service to anyone, at our sole discretion, including but not limited to situations involving suspected fraud, unlawful activity, misuse of the Services, or violations of these Terms.

You acknowledge that the transmission of information over the internet is not completely secure. While we implement commercially reasonable and industry-standard security measures to protect sensitive information, including payment data, we cannot guarantee the absolute security of information transmitted to or from our site.

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

While we strive to ensure that the information on this site is accurate, complete, and current, errors may occur. We do not warrant that product descriptions, pricing, availability, or other content on this site is error-free, complete, or current. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information at any time without prior notice. The material on this site is provided for general information only and should not be the sole basis for making decisions. You should consult the product details and specifications, or contact us, for critical information before making a purchase.

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.

We reserve the right to modify or discontinue the Service (or any part thereof), temporarily or permanently, at any time. We will provide notice of material changes to the Service that adversely affect our customers’ use, where required by law.

We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service, except that in the event of a material discontinuance of a paid Service offering (if applicable) for which you have prepaid, we will provide a prorated refund for the unused portion of the Service, where required by applicable law.

SECTION 5 – PRODUCTS OR SERVICES

Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy.

For critical assessment of color and detail, especially for fine jewelry, we recommend reviewing high-resolution images and consulting the detailed product specifications. Physical samples may vary slightly from screen representations.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction, in compliance with applicable laws, including trade sanctions and export controls. We may exercise this right on a case-by-case basis, including to prevent fraud, unauthorized resale, or violation of these Terms. We reserve the right to limit the quantities of any products or Services that we offer. Product descriptions and pricing are subject to change. We make reasonable efforts to ensure information is accurate, but errors may occur. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice, except that we will honor the price and terms as presented to you at the time your order is placed and confirmed, unless such price or terms result from a manifest error. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.

To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose, regarding the products and services. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse or cancel any order you place with us, including but not limited to orders that appear to be placed by dealers, resellers, or distributors, or for reasons of suspected fraud, unauthorized or illegal activity, pricing or product description errors, inventory limitations, or violations of these Terms. 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 email and/or billing address/phone number provided at the time the order was made. We reserve the right to impose these limits to ensure fair access to our products for all customers and to protect against fraudulent transactions. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account 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. All updates should be made through your secure account portal or by contacting customer service through our official channels.

For more details, please review our Refund Policy.

SECTION 7 – 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, to the fullest extent permitted by applicable law. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. You agree that any issues arising from your use of third-party tools shall be resolved directly with the relevant third-party provider, and not with us. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the 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.

SECTION 8 – 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.

To the fullest extent permitted by applicable law, we are not liable for any harm, loss, or damages of any kind arising from 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.

SECTION 9 – USER COMMENTS AND SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, subject to the license granted below, use, edit, copy, publish, distribute, translate, and otherwise exploit any comments you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

You grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such comments throughout the world in any media.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree 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 email 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.

This section does not create any obligation for us to monitor, edit, or remove user comments, nor does it waive any of our rights under law, including the Digital Millennium Copyright Act (DMCA).

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information is governed by our Privacy Policy.

SECTION 11 – ERRORS AND OMISSIONS

While we strive for accuracy, occasional errors, inaccuracies, or omissions may occur regarding product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability. We reserve the right to correct any such errors and to change or update information at any time without prior notice. If we discover a material pricing error (including, without limitation, errors caused by system malfunction, typographical mistakes, or third-party data issues) after you have submitted an order, we reserve the right to cancel your order and notify you of such cancellation. For non-material errors, we will attempt to notify you via the contact information provided at the time of 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 12 – 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 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 in accordance with Section 16 of these Terms or any related website for violating any of the prohibited uses.

This list of prohibited uses is not exhaustive, and we reserve the right to determine, in our sole discretion, what constitutes a violation of this section.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

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.

We will make reasonable efforts to provide advance notice of scheduled maintenance that may cause Service interruption, but are not obligated to do so.

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.

To the maximum extent permitted by applicable law, SUNFEEL JEWELRY shall not be liable for 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.

To the fullest extent permitted by applicable law, our total liability to you for any claim arising out of or relating to these terms or your use of the service, regardless of the theory of liability (contract, tort, or otherwise), shall not exceed the amount you have paid to us in the six (6) months prior to the event giving rise to the liability, or one thousand dollars ($1000.00) if no such payments have been made. The foregoing limitation shall apply even if we have been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions May not apply to you. In such jurisdictions, our liability shall be limited to the greatest extent permitted by law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless SUNFEEL JEWELRY and our parent, 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.

This indemnification obligation includes claims arising from your use of the Service, your comments, your violation of any law, or your infringement of any intellectual property or other right of any person or entity. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. 

This indemnification obligation shall survive the termination of these Terms.

SECTION 15 – 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.

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

SECTION 16 – 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 providing notice to us through reasonable means, including by discontinuing use of the Service, 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).

Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

SECTION 17 – 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 constitute the entire agreement and understanding between you and us and governs 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).

SECTION 18 – 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 the State of California, United States, without regard to its conflict of law principles.

SECTION 19 – CHANGES TO TERMS

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.

If we make material changes to these Terms that adversely affect your rights, we will endeavor to provide you with prominent notice (such as by posting a notice on our website or sending an email to the address associated with your account) prior to the change becoming effective.

SECTION 20 – CONTACT INFORMATION

Sunfeel Jewelry
7700 Great Park Blvd. Suite L
Irvine, CA 92618, United States
Email: support@sunfeel.com

SECTION 21 – DISPUTE RESOLUTION & ARBITRATION

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Any dispute, claim, or controversy arising out of or relating to these Terms, your purchase, or use of the Services shall be resolved through final and binding arbitration, rather than in court, except that either party may bring claims in small claims court if eligible.

The arbitration shall be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will take place in Orange County, California, unless the parties agree otherwise.

You and Sunfeel agree that arbitration will be conducted on an individual basis only. Class actions, collective actions, and representative actions are expressly waived.

You may opt out of this arbitration agreement by sending written notice within thirty (30) days of your first purchase to: Sunfeel Jewelry, Attn: Legal Department, 7700 Great Park Blvd. Suite L, Irvine, CA 92618, United States.

If this arbitration provision is found unenforceable, the remaining provisions of these Terms shall remain in effect.