Terms of service

OVERVIEW

Welcome to Onyx Opal! The terms “we,” “us,” and “our” refer to Onyx Opal. Onyx Opal is responsible for this store and website, including all related information, content, features, tools, products, and services, with the purpose of providing you, the customer, with a personalized shopping experience (the “Services”). Onyx Opal is powered by Shopify, which enables us to provide the Services to you.

The terms and conditions below, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or the Privacy Policy, you must not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT

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 and that you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be required to provide certain information, such as your email address, billing, payment, and shipping details. You represent and warrant that all information provided in our stores is accurate, current, and complete, and that you have all necessary rights to provide such information.

You are solely responsible for maintaining the security of your account credentials and for all activities under your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 – OUR PRODUCTS

We have made every effort to display as accurately as possible the products and services in our online stores. However, please note that colors or product appearance may differ depending on the device you use and your device settings.

We do not guarantee that the appearance or quality of any products or services purchased will meet your expectations or match exactly as described or displayed in our online stores.

All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products offered to any person, geographic region, or jurisdiction on a case-by-case basis.

SECTION 3 – ORDERS

By placing an order, you are making an offer to purchase. Onyx Opal reserves the right to accept or reject your order for any reason at its discretion. Your order will not be accepted until Onyx Opal confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it, as Onyx Opal may not be able to accommodate cancellation requests after the order has been accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you using the email, billing address, and/or phone number provided at the time of the order.

Purchases are subject to return or exchange only in accordance with our Refund Policy.

You represent and warrant that your purchases are for personal or household use only and not for commercial resale or export.

SECTION 4 – PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, advertised prices do not include taxes, shipping, handling, customs duties, or import fees.

Prices displayed in our online stores may differ from prices offered in physical stores or other online or third-party stores. We may offer promotions from time to time that are governed by separate terms and conditions. In the event of a conflict between promotional terms and these Terms, the promotional terms shall prevail.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores. You agree to promptly update your account information, including email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that:
(i) your credit card information is true, correct, and complete;
(ii) you are duly authorized to use the credit card;
(iii) charges incurred will be honored by your credit card issuer; and
(iv) you will pay the charges incurred at the advertised prices, including shipping, handling, and applicable taxes.

SECTION 5 – SHIPPING AND DELIVERY

We are not responsible for shipping and delivery delays. All delivery dates are estimates only and are not guaranteed. We are not liable for delays caused by carriers, customs processing, or events beyond our control. Once products are transferred to the carrier, title and risk of loss pass to you.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including but not limited to trademarks, brands, text, displays, images, graphics, product reviews, videos, audio, and the design, selection, and arrangement thereof, are owned by Onyx Opal, its affiliates, or licensors and are protected by U.S. and international intellectual property laws.

These Terms permit you to use the Services for personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store, or transmit any material without our prior written consent.

Except as expressly provided, nothing in these Terms grants you any license or rights under any patent, trademark, copyright, or other intellectual property of Onyx Opal, Shopify, or third parties. Unauthorized use may violate intellectual property laws. All rights not expressly granted are reserved by Onyx Opal.

The names, logos, product names, service names, designs, and slogans of Onyx Opal are trademarks of Onyx Opal or its affiliates or licensors. Shopify’s name, logo, and related marks are trademarks of Shopify. All other names and marks are the property of their respective owners.

SECTION 7 – OPTIONAL TOOLS

You may have access to third-party tools that we do not monitor or control. You acknowledge and agree that such tools are provided “as is” and “as available” without warranties or endorsements.

Any use of optional third-party tools is entirely at your own risk. We may also introduce new features or tools in the future, which will also be subject to these Terms.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain materials or links to third-party websites. We are not responsible for examining or evaluating their content or accuracy. If you access third-party sites, you do so at your own risk.

We are not liable for damages related to your access to or use of third-party websites, products, or services. Complaints regarding third-party products or services should be directed to the respective third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Onyx Opal is powered by Shopify, which enables us to provide the Services. However, all sales and purchases made in our store are between you and Onyx Opal directly.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Onyx Opal, including injuries, damages, or losses resulting from products or services purchased. You expressly release Shopify and its affiliates from any claims related to your purchases and transactions with Onyx Opal.

SECTION 10 – PRIVACY POLICY

All personal information collected through the Services is subject to our Privacy Policy, available on our website, and certain information may also be subject to Shopify’s Privacy Policy, available at https://privacy.shopify.com/en.

By using the Services, you acknowledge that you have read these privacy policies.

SECTION 11 – FEEDBACK

If you submit ideas, suggestions, feedback, reviews, proposals, or other content (“Feedback”), you grant us a perpetual, worldwide, royalty-free, sublicensable license to use, reproduce, modify, publish, distribute, and display such Feedback for any purpose, including commercial purposes.

You represent and warrant that:
(i) you own or control all necessary rights to the Feedback;
(ii) you have disclosed any compensation received in connection with the Feedback; and
(iii) the Feedback complies with these Terms.

We have no obligation to maintain Feedback in confidence, pay compensation, or respond. We may remove Feedback at our discretion.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, information on the Services may contain typographical errors or inaccuracies related to product descriptions, pricing, promotions, shipping costs, transit times, or availability. We reserve the right to correct such errors and cancel orders if necessary, at any time without prior notice.

SECTION 13 – PROHIBITED USES

You may use the Services only for lawful purposes. You may not use them for unlawful, fraudulent, abusive, defamatory, misleading, or malicious purposes, to violate laws, infringe intellectual property rights, transmit spam or malware, impersonate others, or interfere with the security or functionality of the Services.

We reserve the right to suspend or terminate your account if you violate these Terms.

SECTION 14 – TERMINATION

We may terminate this agreement or your access to the Services at any time without notice. You remain responsible for amounts due up to termination. Certain provisions will survive termination, including Intellectual Property, Feedback, Disclaimers, Limitations of Liability, and Indemnification.

SECTION 15 – DISCLAIMER OF WARRANTIES

Information provided through the Services is for general informational purposes only.

EXCEPT AS EXPRESSLY STATED BY Onyx Opal, THE SERVICES AND ALL PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

We do not guarantee uninterrupted or error-free service. Some jurisdictions do not allow certain warranty exclusions, so these limitations may not apply to you.

SECTION 16 – LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Onyx Opal, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, AND SHOPIFY AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, OR SIMILAR DAMAGES, ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS, EVEN IF ADVISED OF THE POSSIBILITY.

SECTION 17 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Onyx Opal, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any claims, damages, or liabilities arising from your violation of these Terms, violation of any law, or misuse of the Services.

SECTION 18 – SEVERABILITY

If any provision of these Terms is found unlawful or unenforceable, the remaining provisions shall remain in effect.

SECTION 19 – WAIVER; ENTIRE AGREEMENT

Failure to enforce any provision does not constitute a waiver. These Terms constitute the entire agreement between you and us regarding the Services.

SECTION 20 – ASSIGNMENT

You may not assign this agreement without our written consent. We may assign these Terms without notice.

SECTION 21 – GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws and courts of the jurisdiction where Onyx Opal is headquartered. You agree to submit to the jurisdiction of such courts.

SECTION 22 – HEADINGS

Section headings are for convenience only and do not affect interpretation.

SECTION 23 – CHANGES TO TERMS

We may update or modify these Terms at any time by posting changes on our website. Your continued use of the Services constitutes acceptance of such changes.