Terms of Service
TERMS AND CONDITIONS
GENERAL PROVISIONS
This website is operated by PunkGems.com The entire site, the terms "we", "us" and "our" refer to PunkGems.com, we offer this website, including all tools, information and services available from it to you, the user, conditioned upon your acceptance of all terms, conditions and policies stated here.
By visiting our site and/ or purchasing any of our products or services, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation browsers, customers, merchants, and/ or contributors of content.
We ask that you read these Terms of Service carefully before using our website. By accessing any part of this site, you agree to be bound by these terms. 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 are considered an offer, acceptance is limited to these Terms of Service.
Any new features or tools which are added to the site shall also be subject to these 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 to update, change or replace any part of these terms by posting updates and changes to our website. It is your responsibility to check this page periodically. Your continued use of the site following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you confirm that you are of legal age in your place of residence, or that you have the consent of your legal guardian to use this site if you are a minor.
Using our products for any illegal or unauthorized purpose is prohibited. Additionally, in your use of the service, you may not violate any laws in your jurisdiction, including intellectual property rights.
You are not permitted to transmit viruses, malware or any destructive code. Failure to comply with any of these terms may result in immediate termination of services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your information (not including credit card data) may be transferred unencrypted, which may include transmissions over different networks and technical settings. Credit card data is always encrypted during transmission.
You agree not to reproduce, duplicate, copy, sell or exploit any part of the service without our express written permission.
SECTION 3 - ACCURACY AND CURRENTNESS OF INFORMATION
We do not warrant that the information provided on this site is accurate, complete or current. The materials on the site are for general reference only and should not be used as the sole basis for making decisions. Any reliance on these materials is at your own risk.
This site may contain historical information that is not necessarily current. We reserve the right to modify the content at any time, without obligation to update the information.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
The prices of our products may change without notice. We reserve the right to modify or discontinue the service without prior notice.
We will not be liable for any changes, price adjustments, suspension or interruption of the service.
SECTION 5 - PRODUCTS OR SERVICES
Some products or services may be available exclusively online. These may have limited quantities and are subject to our return and exchange policies.
We make every effort to display product colors and details as accurately as possible, but we do not guarantee that your screen display will be accurate.
We reserve the right to limit sales by person or region and to change product descriptions or prices at any time without notice.
SECTION 6 - BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may limit or cancel quantities purchased per person, account or order. We will attempt to notify you if there are changes using the information provided in your order.
You agree to provide current, accurate and complete information for all transactions.
SECTION 7 - TAXES AND DUTIES
Customer is responsible for any applicable import duties or taxes. All shipments are made on a DDU ("duties unpaid") basis, and we do not collect or predict these additional charges.
SECTION 8 - THIRD PARTY LINKS
Certain content, products and services available via our Service may include materials from third parties. Third-party links on this site may direct you to external websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of such sites and we do not warrant and assume no liability for any materials, products, or services provided by any third-parties.
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 on or through third-party sites. We encourage you to review carefully the third-party's policies and practices before you engage in any transaction. Complaints, claims, or questions regarding third-party products should be directed to the appropriate providers.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send 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 obligated to (1) maintain any comments in confidence, (2) financially compensate you for any comments, or (3) 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, libelous, defamatory, obscene or otherwise violates any party's intellectual property rights 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 further agree that your comments will not contain libelous, unlawful, abusive, obscene material or contain any virus or malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, impersonate someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for the accuracy of any comments you post. We assume no liability 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. To view our Privacy Policy, [link to policy].
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, shipping charges, 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 except as required by law. No update or modification date applied to the Service or any related website should be taken to indicate 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 as 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 local, international, federal, provincial or state regulations, laws, or ordinances; (d) to infringe upon our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, defame, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to provide false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will affect the functionality of the Service or any related website; (h) to collect or track the personal information of others; (i) to spam, phish or otherwise mislead; (j) to use the Service for any immoral or obscene purpose; or (k) interfere with the security measures of the Service or any related website.
We reserve the right to terminate your use of the Service or any related website if you violate any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee that your use of our service will be uninterrupted, secure, or error-free. We do not warrant that the results obtained from the use of the service will be accurate or reliable. You agree that from time to time we may suspend the service for indefinite periods of time or cancel the service at any time, without notice.
You agree that use of the service is at your sole risk. The service and all products and services delivered to you through the service are provided "as is" and "as available" without warranties of any kind, either express or implied, including implied warranties of merchantability, quality or fitness for a particular purpose.
In no case shall PunkGems, its directors, employees, affiliates, agents, suppliers or licensors be liable for any direct or indirect damages, including loss of profits, loss of data, replacement costs, or any similar damages arising from your use of any of the service or any products procured using the service, even if advised of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such locations, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless PunkGems and its subsidiaries, affiliates, partners, officers, directors, agents, contractors, suppliers 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 your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is held to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed to be severed from these Terms of Service without affecting the validity and enforceability of any 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 either 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 cease using our site.
If in our sole discretion you fail to comply with any term or provision of these Terms of Service, we also may 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 deny you access to our Services.
SECTION 17 - ENTIRE 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, together with 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, 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 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of [your specific jurisdiction or company address].
SECTION 19 - CHANGES TO TERMS OF SERVICE
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 our website or the Service following the posting of any changes constitutes acceptance of those changes. The most current version of the Terms of Service will always be available on this page.
SECTION 20 - CONTACT INFORMATION
For questions regarding the Terms of Service, you can contact us at info@punkgems.com