Terms of service

Terms of Service

OVERVIEW

Welcome to Totemia Jewels. The terms “we,” “us,” and “our” refer to Totemia Jewels. Totemia Jewels operates this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a curated shopping experience (the “Services”). Totemia Jewels is powered by Shopify, which enables us to provide the Services to you.

These terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use 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 our Privacy Policy, you should not use or access the 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, province, or jurisdiction 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 store or purchasing any products or services we offer, you may be asked to provide certain information, such as your email address and billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current, and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all activity conducted through your account. You may not transfer, sell, assign, or license your account to another person.

SECTION 2 — OUR PRODUCTS

We make reasonable efforts to present our products and services accurately in our online store. However, colors and product appearance may differ depending on the device, screen, and display settings you use.

We do not warrant that the appearance or quality of any product or service purchased by you will meet your expectations or appear exactly the same as depicted or rendered in our online store.

Product descriptions may be changed at any time without notice at our discretion. We reserve the right to discontinue a product at any time and may limit the quantities offered to any person, geographic region, or jurisdiction on a case-by-case basis.

SECTION 3 — ORDERS

When you place an order, you are making an offer to purchase. Totemia Jewels reserves the right to accept or decline an order for any lawful reason at its discretion. Your order is not accepted until Totemia Jewels confirms acceptance. We must receive and process your payment before an order is accepted.

Please review your order carefully before submitting it, as we may be unable to accommodate cancellation or address-change requests after an order has been accepted or dispatched.

If we decline, change, or cancel an order, we will attempt to notify you using the email address, billing address, or phone number provided when the order was placed.

Purchases are subject to our Return and Refund Policy.

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

SECTION 4 — PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged will be the price in effect when the order is placed and will be shown in your order confirmation.

Unless otherwise stated, posted prices do not include shipping charges or any applicable sales taxes calculated at checkout. Totemia Jewels covers applicable import duties and taxes for orders shipped to the United States.

Prices shown in our online store may differ from prices offered through other stores or third-party channels. We may occasionally offer promotions governed by separate terms. If promotional terms conflict with these Terms, the promotional terms will apply to that promotion.

You agree to provide current, complete, and accurate purchase, payment, and account information. You agree to promptly update your account and contact information so that we can complete transactions and contact you when necessary.

You represent and warrant that the payment information you provide is true, correct, and complete, that you are authorized to use the selected payment method, and that you will pay all charges incurred at the posted prices, including applicable shipping charges and taxes.

SECTION 5 — SHIPPING AND DELIVERY

Orders are shipped in accordance with our Shipping Policy.

Delivery times are estimates and are not guaranteed. Customs processing, carrier delays, severe weather, peak shipping periods, and events outside our reasonable control may extend delivery times.

If an order is delayed, damaged, or marked as delivered but cannot be located, please contact us at totemiajewels@gmail.com with your order number so we can assist with an investigation.

SECTION 6 — INTELLECTUAL PROPERTY

Our Services, including trademarks, brand names, text, displays, images, graphics, product reviews, video, audio, and the design, selection, and arrangement thereof, are owned by Totemia Jewels, its affiliates, or its licensors and are protected by applicable intellectual property laws.

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

Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property belonging to Totemia Jewels, Shopify, or any third party. All rights not expressly granted are reserved.

The Totemia Jewels name, logo, product and service names, designs, and slogans are trademarks of Totemia Jewels or its affiliates or licensors. You must not use these marks without prior written permission. Shopify’s name, logo, product and service names, designs, and slogans are trademarks of Shopify. Other names, logos, product and service names, designs, and slogans appearing through the Services belong to their respective owners.

SECTION 7 — OPTIONAL TOOLS

You may be provided with access to tools offered by third parties as part of the Services. We do not monitor or control these tools.

You acknowledge and agree that access to such tools is provided “as is” and “as available,” without warranties, representations, conditions, or endorsements of any kind. To the extent permitted by law, we shall have no liability arising from your use of optional third-party tools.

Your use of optional tools is at your own risk and discretion. You should review and approve the terms under which the relevant third-party provider supplies those tools.

We may introduce new features, tools, or resources through the Services. Such features will be considered part of the Services and will be subject to these Terms.

SECTION 8 — THIRD-PARTY LINKS

The Services may contain materials or links to websites operated by third parties, including embedded third-party functionality. We are not responsible for evaluating the content, accuracy, security, or practices of third-party materials or websites.

If you leave the Services to access third-party materials or websites, you do so at your own risk. We are not liable for harm or damages related to your use of third-party websites or your purchase or use of third-party products, services, resources, or content.

Please review a third party’s policies and practices before entering into a transaction with that party. Questions, complaints, claims, or concerns relating to third-party products or services should be directed to the applicable third party.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

Totemia Jewels is powered by Shopify, which enables us to provide the Services to you. However, sales and purchases made through our store are made directly with Totemia Jewels.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of a sale between you and Totemia Jewels, including any injury, damage, or loss resulting from purchased products or services. To the extent permitted by law, you release Shopify and its affiliates from claims, damages, and liabilities arising from or relating to purchases and transactions with Totemia Jewels.

SECTION 10 — PRIVACY POLICY

Personal information collected through the Services is handled in accordance with our Privacy Policy. Certain personal information may also be handled in accordance with the Shopify Consumer Privacy Policy.

Because the Services are hosted by Shopify, Shopify collects and processes information about your access to and use of the Services to provide and improve the Services. Information submitted through the Services may be transmitted to and shared with Shopify and service providers located in countries other than your country of residence.

Please review our Privacy Policy for further information about how Totemia Jewels, Shopify, and our service providers process personal information.

SECTION 11 — FEEDBACK

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

You represent and warrant that you own or have the rights necessary to submit the Feedback, that you have disclosed any compensation or incentives received in connection with it, and that your Feedback complies with these Terms.

We have no obligation to maintain Feedback in confidence, pay compensation for Feedback, or respond to Feedback. We may monitor, edit, or remove Feedback that we reasonably determine to be unlawful, offensive, threatening, defamatory, obscene, otherwise objectionable, or in violation of another party’s rights or these Terms.

You agree that your Feedback will not violate any third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. Feedback must not contain unlawful, abusive, or obscene material, viruses, or malware. You must not use a false email address, impersonate another person, or mislead us or third parties about the origin of Feedback.

You are responsible for the Feedback you submit and its accuracy.

SECTION 12 — ERRORS, INACCURACIES, AND OMISSIONS

Information presented through the Services may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability.

We reserve the right to correct errors, inaccuracies, or omissions and to change or update information or cancel an order if information is inaccurate, including after an order has been submitted, subject to applicable law.

SECTION 13 — PROHIBITED USES

You may access and use the Services only for lawful purposes. You may not use the Services directly or indirectly:

  • For an unlawful or malicious purpose;

  • To violate applicable international, national, federal, provincial, state, or local laws;

  • To infringe our intellectual property rights or the rights of others;

  • To harass, abuse, threaten, defame, intimidate, or harm another person;

  • To transmit false or misleading information;

  • To transmit material that does not comply with these Terms;

  • To send unsolicited advertising, junk mail, chain letters, spam, or similar solicitations;

  • To impersonate another person or entity; or

  • To engage in conduct that restricts another person’s use of the Services or exposes Totemia Jewels, Shopify, or other users to harm or liability.

You also agree not to upload or transmit viruses or malicious code; copy, extract, sell, resell, or exploit any portion of the Services; collect or track personal information belonging to others; spam, phish, pharm, or pretext; interfere with security or authorization features; or circumvent measures used to control access to the Services.

We reserve the right to suspend, disable, or terminate access to the Services if we reasonably determine that you have violated these Terms.

SECTION 14 — AUTOMATED AGENTS

This section applies if you use, allow, enable, or deploy software or a service that takes autonomous or semi-autonomous action on behalf of a person or entity (an “Agent”) to access or interact with the Services.

An Agent must not conceal or misrepresent its automated nature, circumvent CAPTCHAs or other measures designed to distinguish automated access from human access, interfere with access controls, or continue accessing the Services after being instructed to stop.

We may use technical measures to limit or control how Agents access and interact with the Services.

SECTION 15 — TERMINATION

We may terminate this agreement or your access to all or part of the Services, subject to applicable law, if you violate these Terms or use the Services in a manner that may harm Totemia Jewels, Shopify, or other users.

You will remain responsible for amounts properly due up to the effective date of termination.

Provisions that by their nature should survive termination will continue to apply, including provisions concerning intellectual property, feedback, disclaimers, limitations of liability, indemnification, severability, governing law, and privacy.

SECTION 16 — DISCLAIMER OF WARRANTIES

Information presented through the Services is provided for general informational purposes. We do not warrant its accuracy, completeness, or usefulness. Any reliance you place on such information is at your own risk, subject to rights that cannot lawfully be excluded.

Except as expressly stated by Totemia Jewels and to the fullest extent permitted by applicable law, the Services and products offered through the Services are provided “as is” and “as available,” without representations, warranties, or conditions of any kind, whether express or implied, including implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title, and non-infringement.

We do not guarantee that use of the Services will be uninterrupted, timely, secure, or error-free. Some jurisdictions do not permit the exclusion of certain warranties, so parts of this section may not apply to you.

Nothing in these Terms excludes or limits consumer rights that cannot lawfully be excluded or limited.

SECTION 17 — LIMITATION OF LIABILITY

To the fullest extent permitted by law, Totemia Jewels and its partners, directors, officers, employees, affiliates, agents, contractors, service providers, and licensors shall not be liable for indirect, incidental, punitive, special, or consequential damages, including lost profits, lost revenue, lost savings, loss of data, or replacement costs arising from your use of the Services or products purchased through the Services, even if advised of the possibility of such damages.

Nothing in these Terms excludes or limits liability where doing so would be prohibited by applicable law.

SECTION 18 — INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless Totemia Jewels, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from third-party claims, losses, damages, and liabilities, including reasonable legal fees, arising from your material breach of these Terms, your violation of applicable law or another party’s rights, or your misuse of the Services.

We will notify you of an indemnifiable claim. We may control the defense and settlement of the claim, provided that we will not agree to a settlement requiring non-monetary obligations from you without your consent. You agree to reasonably cooperate in the defense of such claims.

SECTION 19 — SEVERABILITY

If a provision of these Terms is found to be unlawful, void, or unenforceable, that provision will be enforced to the fullest extent permitted by law, and any unenforceable portion will be severed. The remaining provisions will remain valid and enforceable.

SECTION 20 — WAIVER AND ENTIRE AGREEMENT

Our failure to exercise or enforce a right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms and the policies or operating rules posted through the Services constitute the entire agreement between you and Totemia Jewels concerning use of the Services and supersede prior or contemporaneous agreements and communications concerning that use.

Any ambiguity in these Terms will not automatically be construed against the party that drafted them.

SECTION 21 — ASSIGNMENT

You may not transfer or assign these Terms or your rights or obligations under them without our prior written consent.

We may transfer or assign these Terms and our rights and obligations as part of a merger, acquisition, restructuring, sale of assets, or other transfer of our business, subject to applicable law.

SECTION 22 — GOVERNING LAW

These Terms and any separate agreements through which we provide the Services are governed by the laws applicable in the jurisdiction where Totemia Jewels is headquartered, without limiting any mandatory consumer rights that apply in your place of residence.

Any dispute shall be submitted to courts having jurisdiction over Totemia Jewels, except where applicable consumer protection law requires otherwise.

SECTION 23 — HEADINGS

The headings used in these Terms are included for convenience only and do not limit or otherwise affect the Terms.

SECTION 24 — CHANGES TO THESE TERMS

You can review the current version of these Terms on this page at any time.

We may update, change, or replace parts of these Terms by posting the revised Terms through the Services. When required by law, we will provide notice of material changes. Changes will take effect on the date stated in the notice or, if no date is stated, when published.

Your continued use of the Services after revised Terms become effective constitutes acceptance of those changes to the extent permitted by law.

SECTION 25 — CONTACT INFORMATION

Questions about these Terms should be sent to:

Totemia Jewels
Email: totemiajewels@gmail.com
Business address: Room 605, Building A4-1, Vanke Phase I, Pinghai Town, Huidong County, Huizhou, Guangdong 516300, China