Welcome! By accessing and using erstwhilejewelry.com, you agree to be bound by these terms and conditions. If you do not agree with these terms, please refrain from using the website.
By accessing and using the website, you expressly consent to these terms and any updates or modifications that may be made occasionally. It is your responsibility to review the Terms periodically for any changes.
All content and materials on the website, including but not limited to text, graphics, logos, images, videos, and software, are the property of Erstwhile Jewelry Corp. and are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or use any content from the website without the prior written consent of Erstwhile Jewelry Corp.
Use of the Website
By using erstwhilejewelry.com, you agree to use it only for lawful purposes and in a manner that does not infringe on the rights of others or restrict or inhibit their use of the website. Prohibited activities include, but are not limited to, unauthorized access to the website, data scraping, spamming, or any action that may disrupt or interfere with the proper functioning of the website.
If you create a user account on the website, you are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Erstwhile reserves the right to suspend or terminate accounts that violate these Terms or for any other reason at its sole discretion.
You are not legally obligated to provide us with personal information, and you hereby confirm that providing us with personal information is of your own free will. You confirm that all information and details provided by you (including upon registration) are true, accurate, and up to date in all respects and at all times. When you create an account and/or place an order, we may provide you with and/or ask you to use passwords or other means to allow you to access certain areas of the website and/or to maintain your account security. If you access or use any Site, you are responsible for maintaining the confidentiality of your account and for restricting access to your computer. You agree to be responsible for all activities that occur under Your Account or password. Erstwhile Jewelry reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion. If Erstwhile Jewelry is suspicious of any fraudulent activity coming from your account, it can reserve the right to refuse you access to your Account and delete it.
Acceptance of your Order Please note that completing the online checkout process does not constitute our acceptance of your offer to purchase products or services from us. We will notify you by email as soon as possible to acknowledge that we have received and are processing your order (“Confirmation Notice”). Before dispatch of the product(s), Erstwhile has the right to decline an order at its discretion and for any reason (for example, this may happen for legal or regulatory reasons or reasons related to availability or stock). To the maximum extent permitted by law, Erstwhile shall have no liability to you as a result of such refusal of any such order submitted. If we cannot supply you with the product or service you ordered, we will not process your order and inform you of this in writing (via email), and if you have already paid for the product, we will refund you in full as soon as reasonably possible.
Delivery Erstwhile may choose the carriers at its discretion. Delivery charges and timescales vary depending on the delivery address. Please note that certain products and services may be subject to alternative delivery charges, restrictions, and/or timescales. If delivery cannot be made to a customer due to the customer not being present at the address at the time allotted by the carrier or if a customer refuses to accept the products, Erstwhile reserves the right to deduct the cost for returning products to the Erstwhile Jewelry from the customer's refund for the order. All risks in the products you order (including the risk of loss and/or damage to the products) shall pass to you when they are delivered to the delivery address specified in your order. Where the supply of your product(s) or service(s) is delayed or prevented for reasons beyond our control (for example, material shortages, import delays, or higher-than-anticipated demand), we will make every effort to keep you informed but to the maximum extent permitted by law, shall be under no liability to you for such delay or failure. For the avoidance of doubt, this paragraph does not exclude or affect in any way any statutory right that is afforded to you to cancel an order when a product is delayed or not provided.
Your Right to Cancel and Refunds You may have cancellation rights governed by local legislation. Nothing in these Terms will affect these statutory rights.
Product Descriptions Erstwhile Jewelry makes all reasonable efforts to display the products listed for sale on its Site as accurately as possible. However, the colors we use, as well as the display and color capabilities of your computer monitor, will affect the colors that you see on your screen. Erstwhile Jewelry cannot guarantee that your monitor's display of any product color, texture, or detail will be accurate. In addition, Erstwhile Jewelry does not warrant that product descriptions or other content are accurate, complete, reliable, current, or error-free. While Erstwhile Jewelry makes every effort to ensure that our products are described and priced accurately, if an item is deemed to be priced incorrectly, Erstwhile Jewelry reserves the right to refuse the sale of that item. If the pricing error is discovered after payment has been finalized, Erstwhile Jewelry reserves the right to cancel the sale and refund the transaction in full. If a product offered by Erstwhile Jewelry is not as described, your sole remedy is to return it in unused condition. All items are subject to availability. We will inform you as soon as possible if the product(s) you have ordered are not available.
Purchases and Transactions
If you make a purchase on the Website, you agree to provide accurate and complete information for the transaction. All purchases are subject to Erstwhile Jewelry Corp's terms of sale, shipping, and returns policy.
The information on the Website is provided for general informational purposes only and is not intended as professional advice. Erstwhile Jewelry Corp. makes no representations or warranties of any kind, express or implied, regarding the accuracy, completeness, or reliability of the content on the website. You agree to use the website at your own risk.
You agree to indemnify and hold harmless Erstwhile Jewelry Corp. and its affiliates, employees, and agents from any claims, losses, damages, liabilities, or expenses arising from your use of the website or violation of these Terms.
Modifications to Terms
Erstwhile Jewelry Corp. reserves the right to update or modify these Terms at any time without prior notice. Any changes will be effective immediately upon posting on the Website. Your continued use of the Website after any such modifications constitutes your acceptance of the revised Terms.
Governing Law and Jurisdiction
These Terms and your use of the Website shall be governed by and construed in accordance with the laws of New York State. Any legal action or proceeding arising out of these Terms shall be brought exclusively in the courts of New York State.
Online and in-person purchases can be paid by Visa, MasterCard, American Express, Discover, Diners Club, Shop Pay, Apple Pay, Google Pay, and Meta Pay. Bank wire, cashier's check, bank check, or personal check. Personal checks must clear before merchandise is resized, appraised, or shipped. Taxes will be applied depending on your state. As these states are updated monthly, please contact Erstwhile for more details. All prices published do not include tax, and only upon checkout will the applicable tax be shown.
International purchases are charged in U.S. dollars only. Conversions are the responsibility of the purchaser. Payment methods may vary depending on region, and a wire transfer may be required to complete international orders. The purchaser is responsible for VAT, taxes, or surcharges levied or charged by the other country in an international order, which may be applied at the discretion of customs (and these charges differ from country to country and are the customer's responsibility).
To pay by wire, please call Erstwhile directly to make arrangements. Wires must be initiated within 24 hours of Erstwhile emailing an invoice to the purchaser. Failing to do so will make the product available again for purchase on the website. Erstwhile must receive confirmation from its bank that a wire transfer has been completed before items can be shipped.
Certain purchases may require payment by wire at Erstwhile’s discretion.
If you place an order on Erstwhile’s Site, then the purchaser acknowledges and agrees that (i) Erstwhile will charge the purchaser with the payment method selected for their order and such other amounts that may accrue in connection with the order; (ii) that the purchaser will provide valid and current information for (a) the purchaser and (b) if applicable, another person, but only if the purchaser has first obtained their express consent or have the relevant rights to do so; (iii) that Erstwhile may use tools, software or services of payment processors to process transactions on their behalf.
Mobile Terms of Service
The Erstwhile Jewelry mobile message service (the "Service") is operated by Erstwhile Jewelry (“Erstwhile Jewelry”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to Erstwhile Jewelry’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Erstwhile Jewelry through your wireless provider to the mobile number you provided, even if your mobile 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. Promotional messages may include promotions, specials, new products, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Erstwhile Jewelry. Your participation in this program is completely voluntary.
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 frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to +18556243846 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Erstwhile Jewelry mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Service support or assistance, text HELP to +18556243846 or email email@example.com.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for 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 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.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.
Last Updated 10/12/2023
If you have any questions or concerns regarding these Terms, please contact us at firstname.lastname@example.org.