TERMS OF SERVICE

GENERAL

This website is operated by UMAS Jewelry . Throughout the site, the terms “we,” “us,” and “our” refer to UMAS Jewelry. UMAS Jewelry makes this website available, 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 are using our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including any additional terms, conditions, and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are visitors, vendors, customers, merchants, and/or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools added to the current store will also be subject to the Terms of Service. You can check the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Our store is hosted on Shopify Inc., which provides us with the online 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, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. 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 service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. 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 from 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 UPDATING OF INFORMATION

We are not responsible if the information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be used as the sole basis for making decisions without consulting primary, more accurate, more complete or more current sources of information. Any reliance on the material on this site is at your own risk. 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 content 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 - SERVICE AND PRICE MODIFICATIONS

Our product prices are subject to change without notice. We reserve the right, at any time, to modify or discontinue the Service (or any part or content thereof) without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

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 Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear in the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. 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. In the case of ordering using a discount code, discounts cannot be used in conjunction with each other. We do not guarantee that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. 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 placed. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, retailers, 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. For more details, please see our Return Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control or 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. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of 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 the tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or functionalities through the site (including, the release of new tools and features). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY CONNECTIONS

Certain content, products, and services available through 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 third-party materials, products, or services. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please carefully review 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 - COMMENTS, FEEDBACK AND OTHER USER SUBMISSIONS

If, at our request, you submit 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, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are not and will not be under any obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but are not obligated to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable or that 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 also agree that your comments will not contain defamatory 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 whatsoever for any comments posted by you or any third party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. You can view our Privacy Policy here. When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address. When you browse our store, we also automatically receive your computer’s internet protocol (IP) address to provide us with information that helps us learn about your browser and operating system. Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates. Text messaging marketing (if applicable): With your permission, we may send you text messages about our store, new products and other updates. Updates include Checkout Reminders. Webhooks will be used to trigger the Checkout Reminder messaging system.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping costs, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your 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 to the Service or on any related website should be taken as an indication 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 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 or any related website for violating any of the prohibited uses.

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 guarantee 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 prior notice. 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 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. In no event shall UMAS Jewelry, 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 out of your use of any service or any products purchased using the service, or for any other claim relating 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 through the service, even if advised of its possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability will be limited to the maximum extent permitted by law.

SECTION 14 - COMPENSATION

You agree to indemnify, defend and hold harmless UMAS Jewelry and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, 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.

SECTION 15 - DIVISIBILITY

If any provision of these Terms of Service is determined to be illegal, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

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 you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you stop using our website. 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 may also 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 we may deny you access to our Services (or any part thereof).

SECTION 17 - FULL AGREEMENT

Our failure 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 govern 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). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - APPLICABLE LAW

These Terms of Service and any separate agreements whereby we provide Services to you shall be governed by and construed in accordance with the laws of Portugal.

SECTION 19 - CHANGES TO THE TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on 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.

UMAS Jewelry Mobile Messaging Program Terms and Conditions

Last updated: January 27, 2025

The UMAS Jewelry mobile messaging program (the "Program") is operated by UMAS Jewelry ("UMAS Jewelry," "we," or "us"). Your use of the Program constitutes your agreement to these terms and conditions ("Mobile Terms of Service") and Privacy Policy (the "Agreement"). By joining or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, one-on-one arbitration only, as detailed in the "Dispute Resolution" section below. This Agreement is limited to the Program and is not intended to modify any other Terms and Conditions or Privacy Policy that may govern the relationship between you and us in other contexts. We may modify or cancel the Program or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms of Service at any time, and your continued use of the Program after the effective date of any changes will constitute your acceptance of such changes.

User Registration

The Program allows Users to receive SMS/MMS mobile messages by affirmatively joining the Program, such as through online or app-based signup forms. By consenting to the UMAS Jewelry SMS/text messaging Program, you agree to receive recurring SMS/text messages from and on behalf of UMAS Jewelry through your wireless carrier to the mobile phone number you have provided, even if your mobile phone number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. By participating in the Program, you agree to receive auto-dialing or pre-recorded marketing messages on the phone number associated with your membership, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an auto-dialer, the foregoing should not be construed as a suggestion or implication that any or all of our mobile messages are sent using an automatic telephone dialing system ("ATDS" or "auto-dialer"). Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders). You understand that you do not need to enroll in this program to make any purchase, and your consent is not a condition of any purchase with UMAS Jewelry. Your participation in this program is completely voluntary.

Cancellation of User Membership

You can cancel your Program membership at any time. Reply with the unique keyword STOP, STOPALL, UNSUBSCRIBE, CANCEL, END, or QUIT (or if you speak French - ARRET, DESABONNER, ANNULER, or FIN) or click the unsubscribe link (when available) in any text message to cancel your Program membership. You will receive a unique cancellation confirmation text message. No further messages will be sent to your mobile device unless initiated by you. You understand and agree that the above options are the only reasonable methods of cancellation. You acknowledge that our text messaging platform may not recognize and respond to unsubscribe requests that alter, change, or modify the keyword commands STOP, STOPALL, UNSUBSCRIBE, CANCEL, END, or QUIT (or if you speak French - ARRET, DESABONNER, ANNULER, or FIN), such as using different spellings or adding other words or phrases to the command, and you agree that UMAS Jewelry and its service providers will not be liable for failing to honor such requests. You also understand and agree that any other method of cancellation, including but not limited to sending text messages with words other than those listed above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of cancellation. If you have subscribed to other UMAS Jewelry mobile messaging programs and wish to cancel, except where applicable law requires otherwise, you will need to cancel separately from those programs by following the instructions provided in their respective mobile terms.

For support or assistance with the Program, reply HELP or send an email to umasjewelryshop@gmail.com.

We may change any short code or phone number we use to operate the Program at any time and will notify you of such changes. You acknowledge that any messages, including any STOP or HELP requests, that you send to a short code or phone number that we have changed may not be received, and we will not be responsible for honoring requests made in such messages.

Program Description:

Without limiting the scope of the Program, users who join the Program can expect to receive messages regarding marketing, promotion, payment, delivery, and the sale of Jewelry. Messages may include checkout reminders.

Cost and Frequency:

Messaging and data charges may apply. We do not charge for the Program, but you are responsible for all charges and fees associated with text messaging imposed by your wireless carrier. Check your mobile plan and contact your wireless carrier for details. You are solely responsible for all charges related to SMS/text messaging, including charges from your wireless carrier. Message frequency varies. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Our Warranty Disclaimer:

The Program is offered "as is" and may not be available in all areas at all times and may not continue to function in the event of product, software, coverage, or other changes made by your wireless carrier. We will not be liable for any delays or failures in receiving any mobile messages related to this Program. Mobile message delivery is subject to the effective transmission by your wireless service provider/network operator and is outside of Our control. Wireless carriers supported by the Program are not responsible for delayed or undelivered messages. You agree to provide us with a valid mobile phone number. If you obtain a new mobile phone number, you will need to enroll in the program with your new number. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected deliveries of any information submitted through the Program, any errors in such information, and/or any action you may or may not take based on the information or Program.

Participant Requirements:

You must have your own wireless device capable of two-way messaging, be using a participating wireless carrier, and be a subscriber to wireless services with text messaging service. Not all cellular providers offer the necessary service to participate. Check your phone's capabilities for specific text messaging instructions.

Age Restriction:

You may not use or interact with the Platform if you are under thirteen (13) years of age. If you use or interact with the Platform and are between thirteen (13) and eighteen (18) years of age, you must have permission from your parents or legal guardian to do so. By using or interacting with the Platform, you acknowledge and agree that you are not under thirteen (13) years of age, are between thirteen (13) and eighteen (18) years of age and have permission from your parents or legal guardian to use or interact with the Platform, or are of legal age in your jurisdiction. By using or interacting with the Platform, you also acknowledge and agree that you have permission under the Applicable Law of your jurisdiction to use and/or interact with the Platform.

Prohibited Content:

You acknowledge and agree not to submit any prohibited content through the Platform. Prohibited content includes:

  • Any fraudulent, defamatory, libelous, scandalous, threatening, harassing, or stalking activity;
  • Objectionable content, including profanity, obscenity, lewdness, violence, intolerance, hatred, and discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
  • Hacked computer programs, viruses, worms, Trojan horses, or other malicious code;
  • Any product, service or promotion that is illegal where such product, service or promotion is received;
  • Any content that involves and/or refers to personal health information protected by the Health Insurance Portability and Accountability Act ("HIPAA") or the Health Information Technology for Health Economics and Clinical Practice Act ("HITEC Act");
  • Any sensitive or special category personal data, including data on racial or ethnic origin, data on political opinions, data on religious or philosophical beliefs, data on trade union membership, genetic or biometric data (for the purpose of uniquely identifying a natural person), data on health and data on sex life or sexual orientation.
  • Any personal data of individuals under the age of 18 without parental consent.
  • Any other content that is prohibited by applicable law in the jurisdiction from which the message is sent.

Several:

You warrant and represent to us that you have all the necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other agreement or obligation. The failure of either party to exercise in any respect any right provided hereunder shall not be deemed a waiver of any subsequent rights. If any provision of this Agreement is held to be unenforceable or invalid, such provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. Any new features, changes, updates, or enhancements to the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to amend this Agreement from time to time. Any updates to this Agreement will be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any changes. By continuing to participate in the Program after such changes, you accept this Agreement as modified. We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy.