Welcome to the KhrysosJewelry.com website (the "Website").

KhrysosJewelry.com provides this Website and Services (located at KhrysosJewelry.com) to you subject to the notices, terms, and conditions set forth in these terms (the "Terms of Use"). In addition, when you use any of our Services, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into this Terms of Use by this reference. 

These Terms of Use are effective as of January 1, 2023.

Your eligibility for use of the Website is contingent upon meeting the following conditions:

• You are at least 18 years of age
• You use the Website and Services according to these Terms of Use and all applicable laws and regulations determined by the state and country of residence
• You provide complete and accurate registration information and maintain accurate registration information on the Website
• You agree and understand that Khrysosjewelry.com may, at any time, and without prior notice, revoke and/or cancel your access if you fail to meet these criteria or violate any portion of these Terms of Use

USE OF THIS WEBSITE

In connection with your use of our Website, you must act responsibly and exercise good judgment. Without limiting the foregoing, you will not:

• Violate any local, state, provincial, national, or other law or regulation, or any order of a court
• Infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights
• Interfere with or damage our Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology
• Use automated scripts to collect information or otherwise interact with the Services or the Website
• Enter into this agreement on behalf of another person or entity without consent or the legal capacity to make such agreements as a representative of an organization or entity

INTELLECTUAL PROPERTY

All code, text, software, scripts, graphics, files, photos, images, logos, and materials contained on this Website, or within the Services, are the sole property of KhrysosJewelry.com.

Unauthorized use of any materials contained on this Website or within the Service may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or other regulations and statutes. If you believe that any of the materials infringe on any third party's rights, please contact KhrysosJewelry.com immediately at the address provided below.

THIRD PARTY WEBSITES

Our Website may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These websites may contain information or material that some people may find inappropriate or offensive.

These other websites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the Website or party by us, or any warranty of any kind, either express or implied.

DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

The Website is provided "AS IS." app figures, its suppliers, officers, directors, employees, and agents exclude and disclaim all representations and warranties, express or implied, related to this Website or in connection with the Services. You exclude Khrysosjewelry.com from all liability for damages related to or arising out of the use of this Website.

CHANGES TO THESE TERMS OF USE

KhrysosJewelry.com retains the right to, at any time, modify or discontinue, any or all parts of the Website without notice.

Additionally, KhrysosJewelry.com reserves the right, in its sole discretion, to modify these Terms of Use at any time, effective by posting new terms on the Website with the date of modification. You are responsible for reading and understanding the terms of this agreement prior to registering with, or using the Service. Your use of the Website and/or Services after any such modification has been published constitutes your acceptance of the new terms as modified in these Terms of Use.

GOVERNING LAW

These Terms of Use and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of the United States without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be adjudicated exclusively in the state of New Jersey.

SMS MARKETING

By consenting to Khrysos Jewelry’s SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.

If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within our messages. You understand and agree that the primary method for opting out of our SMS program is to reply with specific keywords (such as ‘STOP,’ ‘END,’ ‘UNSUBSCRIBE,’ ‘CANCEL,’ or ‘QUIT’), or to use the unsubscribe link provided. We will also honor any other requests that clearly express your desire to opt out, including phrases like ‘please opt me out.’ We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

For any questions, please text HELP to the number you received the messages from. You can also contact us at https://khrysosjewelry.myshopify.com/policies/contact-information for more information.

We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

Your right to privacy is important to us. You can see our Privacy Policy https://khrysosjewelry.myshopify.com/policies/privacy-policy to determine how we collect and use your personal information.

Arbitration and Class Action Waiver Agreement:

1. Arbitration:

By using or purchasing Khrysos Jewelry products or services, you agree that any controversy, claim, action, or dispute between you and Khrysos Jewelry arising out of or relating to: (a) these Terms, or the breach thereof; or (b) your access to or use of Khrysos Jewelry’s website or the services or the materials; or (c) any alleged violation of any federal or state or local law, statute or ordinance (each such controversy or claim, a “Claim”), shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association in accordance with its applicable rules.

Arbitration is a form of dispute resolution in which parties agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. The arbitrator is obligated to issue a reasoned award in writing, including all findings of fact and law upon which the award was made. The arbitrator shall not have the power to commit errors of law, and the arbitrator’s award may be vacated or corrected through judicial review by a court of competent jurisdiction. Each party’s attorneys’ fees, expert costs, and other costs and expenses incurred in connection with arbitration will be borne by the party incurring such costs and expenses.  

  1. Arbitration Procedures:

Claims shall be heard by a single arbitrator. Arbitrations shall be held in Monmouth County, New Jersey, but the parties may choose whether to appear in person, by phone, or through the submission of documents.  The arbitration shall be governed by the Federal Arbitration Act (“FAA”) and by the internal laws of the New Jersey, without regard to conflicts of laws principles. Any disputes in this regard shall be resolved exclusively by an arbitrator. If, but only if, the arbitrator determines the FAA does not apply, New York law governing arbitration agreements will apply. All disputes with respect to whether the foregoing mutual arbitration provisions are unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.

  2. Exclusion from Arbitration:

Notwithstanding the terms of this Arbitration Agreement, you may choose to pursue a Claim in court and not by arbitration if you opt-out of these arbitration procedures within 30 days from the date that you first purchase any of Khrysos Jewelry’s products or services (the “Opt-Out Deadline”). You may opt out by mailing a written notification to 1433 NJ-34, B5, Wall Township NJ 07727.  Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes through arbitration. Your decision to opt-out will have no adverse effect on your relationship with Khrysos Jewelry. You are responsible for ensuring Khrysos Jewelry’s receipt of your opt-out notice, and you therefore may wish to send a notice by means that provide a written receipt.  Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Claim in arbitration.

2. Class Action Waiver:

You and Khrysos Jewelry agree that you may bring or participate in Claims against Khrysos Jewelry only in your respective individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding.  Unless both you and Khrysos Jewelry agree otherwise in writing, the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding any other clause contained in this Agreement, any Claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.