Terms of Sale
PLEASE READ THESE TERMS OF SALE CAREFULLY, INCLUDING THE MANDATORY ARBITRATION AND CLASS ACTION WAIVER OBLIGATIONS REFERENCED IN SECTION 10, BEFORE CONFIRMING AN ORDER FOR ELEGANCE JEWELS PRODUCTS OR SERVICES THROUGH OUR WEBSITE.
These terms and conditions of sale (“Terms of Sale”) establish the agreement between you (“you”) and Elga Jewelry, a registered company in the Canada, (“us,” “we,” or “our”) when you purchase or intend to purchase products or services from our website, www.elgajewelry.com. These Terms of Sale complement our Terms of Service, which are hereby incorporated by reference.
To place an order and purchase products or services through our website, you must be 18 years or older. Please note that, with the exception mentioned below, these Terms of Sale specifically apply to you when making a purchase from within the United States of America and Canada.
If you are located outside of the United States of America or Canada making a purchase from outside the United States of America or Canada.
- OUR CONTRACT WITH YOU
1.1 Our acceptance of your order will occur when we email you to confirm it, establishing a contract between you and us.
1.2 We retain the right to accept or reject orders at our discretion, impose quantity limits, and discontinue certain products or services without prior notice. If we cannot accept your order, we will notify you via email and will not charge you for the product(s) or service(s) ordered. For instance, we may decline your order if the requested product or service is out of stock, your credit reference or fraud screening check falls below our minimum requirements, we cannot verify your delivery or payment information, we identify an error in the price or description of the product or service, or we cannot meet a specified delivery deadline, among other reasons.
1.3 An order number will be assigned to your order, and we will inform you by email upon order acceptance. Please keep your order number available for reference when contacting us about your order. Contact us for details .
2. OUR PRODUCTS
The images of the products on our website are for illustrative purposes only and your product (including the packaging) may vary slightly from those images. Although we have made every effort to display the colors accurately, we cannot guarantee that the display of colors by your computer or device accurately reflects the colors of the products. The size of your item may also vary from the advertised size and the table below provides an indication of the size tolerance: check out out Carat Guide for details
In the event you believe a product you purchased differs from the way the product was depicted on our website, you have the right to return the product and seek a refund as described in Section 8 below.
Note that loose stones are only available to ship to Canada and US.
3. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to your order, please contact us using the details below. It may not be possible to change an order, but we will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the product or service, the timing of delivery or anything else which would be a necessary alteration to your order as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If so, we will need to issue a cancellation and refund of your original order and will then place a new order for you. If we cannot make the change or the consequences of making the change are unacceptable to you, you have the right to return the product and seek a refund as described in Section 8 below.
4. OUR RIGHTS TO MAKE CHANGES
We may make changes to these Terms of Sale at any time. If we make changes, we will post the amended Terms of Sale on our website and update the effective date below. We encourage you to review these Terms of Sale prior to making any purchase through our website to ensure you understand the terms and conditions that apply to your purchase.
5. PRICE AND PAYMENT
5.1 The purchase price of products or services will be the amount indicated on the order page during the checkout process. All prices are displayed in Canadian dollars, and additional costs, such as taxes, shipping, and handling charges, will be presented in Canadian dollars. Prices featured on the website may differ from those in our physical stores or from prices advertised in-store. Despite our diligence, occasional discrepancies in product or service pricing may occur. We routinely verify prices before confirming your order. If the correct price is less than the initially stated price, we will charge you the lower amount. Conversely, if the accurate price exceeds the initially stated price, we will contact you for further instructions before accepting your order. Please note that all prices are subject to change without prior notice.
5.2 You are responsible for any applicable sales, use, duty, and other governmental taxes or fees related to your purchase of products or services. If it is determined that we have an obligation to collect such taxes, we will include them at checkout and provide an estimated amount. The actual taxes charged may be adjusted based on factors like processor program variations and changes in tax rates. It is important to note that your purchases are not considered tax-exempt simply because we did not collect tax. If we have not collected the necessary taxes, you may be obligated to file a use tax return and settle any outstanding tax amounts.
5.3 When providing a credit card or another accepted payment method, you confirm that you are authorized to use the designated payment method. By doing so, you grant us (or our payment processor) the authority to charge your payment method for the total amount of your order, inclusive of any applicable taxes, fees, and charges. In instances where the payment method cannot be verified, is invalid, or is otherwise deemed unacceptable, your order may be temporarily suspended or canceled. It is your responsibility to address and resolve any issues encountered to proceed with your order.
6. DELIVERY
6.1 The cost of delivery will be as displayed to you on our website prior to completing your purchase. Once you have provided delivery details and your order has been confirmed, the delivery address cannot be changed. If you need to change the delivery address, please contact us using the details below, and we will work with you to cancel the order and place a new order.
6.2 If your order is received before 2pm EDT on a working day, we will attempt to dispatch your order on the same working day. For orders received after 2pm EDT or on a Saturday, Sunday or holiday, we will attempt to dispatch the next working day.
6.3 Our standard shipping option is ground delivery, which means you will receive your order within 3 to 5 working days (or 5 to 7 working days if we are delivering to Alaska or Hawaii) from the day that we dispatch your order. Before you check out, you may have the option to choose express delivery and the cost and delivery times for this option will be displayed on our website.
6.4 We will not be liable for delays in delivery caused by events outside our control, but if there is a substantial delay in delivery, you may contact us to cancel your order and request a refund for any products you have paid for but not received.
6.5 We use a third-party courier company to deliver our products. If no one is available at your address to accept the delivery, the courier company will leave you a note informing you of how to rearrange delivery. If, despite our reasonable efforts, we are unable to contact you or rearrange delivery, we may cancel your order.
6.6 Unless we state otherwise, risk of loss or damage to a product passes to you once we deliver the product to the address you gave us. You own the product once we receive your payment in full.
7. PROMOTIONS
7.1 From time to time we will offer various promotions that can be applied to your order using a promotional code, which we will provide to you. You should enter the applicable promotional code in the space provided in our check out, before you submit your order. The value of the promotion will be applied to your order (but may not be displayed as a separate line item).
While the terms and conditions for each promotion will vary, most of our offers last for a limited time, and have associated promotional codes that can only be used once per customer, and cannot be combined with other offers.
Codes cannot be retroactively applied after an order has been placed, nor can we offer a refunds for any amounts of a code that was not entered during the checkout stage.
Promotional delivery offers will apply to orders that meet the terms and conditions for that particular promotional guidelines.
Some offers will not have an associated promotional code – they can simply be added to your shopping basket, and the promotion will be applied, as long as you have met the other offer requirements.
The following items are excluded from promotional discount; minis, sets, outlet SKUs, engagement rings, new lines & products that state "this product is not eligible for use with discount or promotional codes" are excluded from this offer, other exclusions may also apply depending on the offer.
If you have any questions about a promotion, or whether your order qualifies, feel free to contact our customer services.
All current promotions can be found on our promotions and offers.
7.2. 10% off Code for the Newsletter or SMS sign-up
We’re delighted to offer you 10% off your first order when you sign up to our newsletter or our SMS program. Your code will be emailed or texted to you once you sign up. Enter this code at checkout to redeem this promotion.
This promotion is only valid once, on your first order after signing up. This promotion cannot be combined with any other promotion. Discount is only applicable on select items; minis, sets, outlet SKUs & products that state "this product is not eligible for use with discount or promotional codes" are excluded from this offer, other exclusions may also apply. This promotion is not valid on previous purchases and exclusions may apply.
7.3. Direct Mail Offers
Customers who have received a direct mail offer may utilize their exclusive direct mail code during checkout on our website, "www.EleganceJewels.ca," to avail themselves of the promotion. This promotion is applicable only once and cannot be combined with any other ongoing promotions. The discount is exclusively valid for select items; minis, sets, outlet SKUs, and products explicitly stating "this product is not eligible for use with discount or promotional codes" are excluded from this offer, with additional exclusions that may apply. Please note that this promotion does not apply to previous purchases, and the terms of the offer are subject to change without prior notice. Codes cannot be applied retroactively once an order has been placed, and we cannot provide refunds for any amounts related to a code that was not entered during the checkout process.
7.4. Complimentary Mini Solitaire Studs on Orders over 1,500 CAD
Customers making a purchase exceeding 1,500 CAD during the offer period will receive 0.3ct. Mini Solitaire Studs, valued at $250, while supplies last. The gift will be automatically added to the checkout. This offer cannot be combined with any other promotion or discount code and is not applicable retroactively. Each customer is entitled to one pair of studs, regardless of the number of qualifying purchases made during the offer period. The studs are non-exchangeable and non-refundable, and replacements will not be provided for lost or stolen items.
If an item(s) from an order is returned, and the remaining order value falls below 2,000 CAD, the Mini Solitaire Studs must be returned, or their retail value will be deducted from any refund. The Elegance Jewels reserves the right, at its sole discretion, not to provide the Mini Solitaire Studs in case of fraud or deception. Customers are responsible for reporting and paying any applicable taxes or duties associated with the receipt of the jewelry pouch.
The offer terms are subject to change without prior notice. Tennis Bracelets and Roseate Wand Pendants are excluded from this promotion, and additional restrictions may apply.
8 . RETERN AND REFUNDS:
- You can returned fine jewelry, engagement rings, or wedding bands within 30 days of delivery for a refund to the original payment method or as a gift card. To be eligible for a refund, the item must be in its original condition and packaging, accompanied by all original documentation.
All returns and exchanges must be authorized by The ELGA Jewelry. We will only accept returns that are returned using the prepaid USPS shipping label that we send to you at the time you request a return.
All items must be returned to us from the same country to which they were delivered.
Jewelry sets must be returned together, unworn and in their original packaging. We are unable to accept returns of individual items within the set.
Loose stones must arrive in their original condition and must not have been previously set.if it's a Cut For You The ELGA created diamond. Cut For You The ELGA created diamonds cant be returned if they are a Round Brilliant, Oval, Emerald, Pear, Radiant, Cushion, Marquise, Trillion, Asscher, Princess, or Elongated Cushion less than 5ct.
Engagement Rings cannot be engraved, resized or altered in any way, if they are this will be deemed nonrefundable. Made to order sizes are eligible for returns as normal.
Travel Pouch - if a full order is returned then the jewelry pouch must also be returned or its retail value will be deducted from any refund.
We reserve the right to reject any returns that do not meet these conditions; in the case that such items are returned, we will return these items to you. Defective or faulty items should be returned inside their original packaging where possible and within 90 days from date of delivery.
All items returned will be refunded to your original payment method. If you wish to exchange your item you can do this via the returns portal or you can purchase another replacement item, directly on our website.
Once we receive your return, please allow 8 - 15 business days for our warehouse to process your return and then 5 - 10 business days for your bank to post the refund to your account. We’ll send you a confirmation email once our team has processed your return, so you know your refund is on the way.
Please note that certain items cannot be returned, including personalized fine jewelry like nameplates, modified or resized rings, misused jewelry altered by a third-party jeweler, "Cut for You" The Elegance Jewels created diamond orders (unless it's a Round Brilliant, Oval, Emerald, Pear, Radiant, Cushion, Marquise, Trillion, Asscher, Princess, or Elongated Cushion less than 5ct), and custom-designed jewelry.
9. DISCLAIMER AND LIMITATION OF LIABILITY
9.1 To the fullest extent permitted by law and subject to the sections below, we, along with our affiliates, subsidiaries, parent entities, and each of our directors, officers, agents, contractors, partners, and employees (individually and collectively referred to as "Elga Jewelry Parties"), will not be held liable under any theory of liability—whether arising in contract, tort (including negligence), warranty, or otherwise—for any indirect, consequential, incidental, or special damages, or lost profits. This applies even if The ELGA Parties have been advised of the possibility of such damages. The total liability of The ELGA Parties for any claim related to these Terms of Sale or products or services offered on our website, regardless of the form of the action, shall not exceed $1,000CAD.
9.2 These Terms of Sale will not limit or exclude our liability for: (a) death or personal injury resulting from our negligence; (b) fraud or intentional misconduct of The Elegance Jewels Parties; or (c) any other liability that cannot be excluded or limited by applicable law. Moreover, in certain jurisdictions, the exclusion or limitation of incidental or consequential damages may not be applicable, so the above limitations or exclusions may not apply to you.
9.3 Your use of the products or services offered on our website is at your sole risk. Unless otherwise provided in writing by us, the products are provided on an "as is" and "as available" basis. To the extent permitted by law, we disclaim all conditions, warranties, representations, or other terms that may apply to the products or services, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
10. PRIVACY
For details regarding how we collect, use, share and otherwise process personal information, see our Privacy Policy.
For Global-e’s privacy policy (as updated from time to time) this can be found here.
11. DISPUTE RESOLUTION; BINDING ARBITRATION
11.1 Disputes arising from these Terms of Sale and the purchase and sale of products or services through our website are subject to the dispute resolution provisions outlined in our Terms of Service, including the mandatory arbitration provision and class action waiver applicable to certain types of disputes.
11.2 Any dispute arising from these Terms of Sale and the purchase and sale of products or services will be governed by and construed and enforced in accordance with the laws of Canada, except to the extent preempted by Canadian federal law, without regard to conflict of law rules or principles (whether of Canada or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the provincial or federal courts of Canada, depending on the nature of the dispute.
11.3 Any dispute arising from these Terms of Sale and the purchase and sale of products or services will be subject to the laws of Delaware, except to the extent preempted by U.S. federal law. This is without regard to conflict of law rules or principles, whether of Delaware or any other jurisdiction, that would lead to the application of the laws of any other jurisdiction. Any dispute not subject to arbitration or unfit for small claims court will be resolved in the state or federal courts of Delaware and the United States of America, respectively, located in New Castle County, Delaware
12. OTHER IMPORTANT TERMS
12.1 We may transfer our rights and obligations under these Terms of Sale to another organization, but this will not affect your rights or obligations under these Terms of Sale.
12.2 If we fail to insist that you perform any of your obligations under these Terms of Sale, or if we do not enforce any of our rights against you, or if we delay in doing so, that will not mean that we have waived any of our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
12.3 Each of the provisions of these Terms of Sale operates separately. If any arbitrator, court, or other competent authority decides that any provision or part of a provision of these Terms of Sale is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Sale and does not affect the validity and enforceability of any remaining provisions. Other than as expressly set out in these Terms of Sale, no third party is intended to have any right or ability to enforce any of the provisions of these Terms of Sale.
12.4 The section titles in these Terms of Sale are for convenience only and have no legal or contractual effect. These Terms of Sale constitute the entire agreement and understanding between you and ELGA relating to the subject matter of these Terms of Sale and supersede any prior agreement or understanding between you and The Elegance Jewels relating to the subject matter of these Terms of Sale.
12.5 You acknowledge that you have not entered into these Terms of Sale in reliance on, and shall have no remedies in respect of, any representation or warranty that is not expressly set out in these Terms of Sale (other than in respect of any fraudulent misrepresentation).
13. CONTACT US
Questions and comments regarding these Terms should be sent to: info@elgajewelry.com
Registered company name: ELGA Jewelry Inc.