Terms of service
Last Updated: July 11, 2026
Overview
Welcome to Eklexic Jewelry LLC ("Eklexic Jewelry," "Eklexic," "Company," "we," "us," or "our").
These Terms of Service ("Terms") govern your access to and use of our website, products, services, mobile applications, communications, social media pages, and any related features or content (collectively, the "Services").
Our website is hosted by Shopify Inc., which provides the e-commerce platform that enables us to offer our products and Services. Your use of Shopify's services may also be subject to Shopify's applicable terms and policies.
By accessing our website, creating an account, placing an order, subscribing to our communications, or otherwise using any of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, Shipping Policy, Return & Exchange Policy, Mobile Messaging Terms, and any other policies referenced herein or made available on our website (collectively, the "Policies"), each of which is incorporated into these Terms by reference.
If you do not agree to these Terms, you must discontinue use of the Services immediately.
These Terms apply to all visitors, customers, purchasers, vendors, affiliates, content contributors, and other users of the Services.
Nothing contained in these Terms limits any rights that cannot lawfully be limited or excluded under applicable law.
Section 1 — Eligibility & Account Responsibilities
By using the Services, you represent and warrant that:
- You are at least eighteen (18) years of age or the age of legal majority in your jurisdiction.
- You have the legal authority to enter into this agreement.
- Any information you provide is true, accurate, current, and complete.
- You will promptly update your information if it changes.
- You will comply with all applicable federal, state, local, and international laws.
If you create an account, you are solely responsible for maintaining the confidentiality of your login credentials and for all activity occurring under your account.
You agree to notify Eklexic Jewelry immediately of any unauthorized access to or use of your account.
We reserve the right, in our sole discretion and without prior notice, to suspend, restrict, terminate, or refuse any account if we reasonably believe these Terms have been violated, fraudulent activity has occurred, security concerns exist, or doing so is necessary to protect our customers, business, or legal rights.
Accounts are non-transferable and may not be sold, assigned, or shared without our prior written consent.
Section 2 — Incorporated Policies
The following policies, as amended from time to time, are incorporated into and form part of these Terms of Service:
- Shipping Policy
- Return & Exchange Policy
- Privacy Policy
- Mobile Messaging Terms
- Wholesale Terms (where applicable)
- Affiliate Program Terms (where applicable)
- Promotional Terms
- Product-specific terms presented on individual product pages
- Any additional checkout terms presented before an order is submitted
If a conflict exists between these Terms and a transaction-specific written policy, the transaction-specific policy shall control only with respect to that specific transaction.
The version of each policy in effect at the time an order is placed shall govern that transaction unless otherwise required by applicable law.
Section 3 — Products
Eklexic Jewelry offers fashion jewelry, demi-fine jewelry, fine jewelry, accessories, and related merchandise.
We make every reasonable effort to display products, colors, finishes, dimensions, and materials accurately. However, actual products may differ from website images due to:
- Screen settings
- Device displays
- Photography
- Lighting
- Production methods
- Natural material characteristics
- Hand-finishing
Because many Eklexic Jewelry products are handcrafted, slight variations in color, finish, texture, dimensions, weight, plating, stone appearance, engraving, solder points, chain length, and other characteristics are normal and shall not be considered defects.
Product measurements are approximate.
Product photographs are representative only and are not guaranteed to depict the exact appearance of every individual piece.
We reserve the right to:
- discontinue products at any time;
- modify designs without notice;
- substitute comparable components when necessary;
- limit quantities;
- refuse sales to any person or jurisdiction to the extent permitted by law.
Availability displayed on the website is not guaranteed until an order has been accepted.
Section 4 — Orders
Submitting an order constitutes an offer to purchase.
Receipt of an order confirmation email does not constitute acceptance of your order.
An order is accepted only when Eklexic Jewelry ships the applicable merchandise or otherwise expressly confirms acceptance.
We reserve the right, to the fullest extent permitted by applicable law, to:
- refuse any order;
- cancel any order;
- limit quantities purchased;
- refuse service;
- require identity verification;
- require signature confirmation;
- delay shipment pending verification;
- cancel duplicate orders;
- reject suspicious or fraudulent transactions;
- reject orders resulting from pricing, inventory, promotional, or technical errors;
- reject orders that violate these Terms or applicable law.
If we cancel an order after payment has been authorized or collected, we will refund the amount required by applicable law to the original payment method.
We are not responsible for delays caused by financial institutions or payment processors in returning refunded funds.
Orders may not be modified or canceled after production or fulfillment has begun unless expressly agreed to by Eklexic Jewelry in writing.
Any accommodation made to modify or cancel an order is a courtesy only and does not create any continuing obligation to approve future requests.
Retail purchases are governed by our Return & Exchange Policy.
Wholesale purchases, custom orders, personalized merchandise, promotional sales, marketplace purchases, and other special transactions may be governed by separate written terms.
Section 5 — Pricing, Payments & Promotions
All prices displayed on the Services are in U.S. Dollars (USD) unless otherwise indicated and are subject to change without notice.
Prices do not include applicable sales tax, shipping charges, handling fees, customs duties, brokerage fees, import taxes, VAT, GST, tariffs, governmental assessments, or other charges unless expressly stated during checkout.
We reserve the right to modify prices, promotions, discounts, product availability, or specifications at any time without prior notice.
Occasionally, pricing, promotional, inventory, technical, typographical, or system errors may occur. We reserve the right to correct any such error, refuse or cancel affected orders, and issue an appropriate refund to the original payment method where required.
Payment must be successfully authorized before an order is accepted.
By submitting payment information, you represent and warrant that:
- you are authorized to use the selected payment method;
- the billing information provided is accurate;
- your payment method will honor the transaction; and
- you are responsible for all applicable taxes, shipping charges, duties, customs fees, brokerage fees, and governmental assessments associated with your purchase.
Section 6 — Fraud Prevention
To protect our customers and business, Eklexic Jewelry reserves the right, at its sole discretion, to:
- refuse or cancel any order;
- delay shipment pending verification;
- require government-issued identification;
- require additional payment verification;
- require signature confirmation upon delivery;
- limit purchase quantities;
- restrict sales to particular individuals or jurisdictions;
- refuse transactions suspected of fraud or unauthorized payment activity.
We may also cancel orders that appear to involve:
- credit card fraud;
- payment processor disputes;
- reseller activity;
- export restriction violations;
- abuse of promotions or discount codes;
- automated purchasing methods;
- inaccurate customer information;
- suspicious ordering patterns; or
- any activity reasonably believed to expose Eklexic Jewelry to financial, legal, or reputational risk.
Nothing in this section limits any rights a consumer may have under applicable law.
Section 7 — Shipping & Delivery
Shipping, processing, carrier selection, estimated transit times, customs processing, duties, taxes, brokerage fees, returned packages, shipping restrictions, incorrect addresses, reshipment fees, delivery issues, and all other shipping-related matters are governed exclusively by our Shipping Policy, which is incorporated into these Terms by reference.
By placing an order, you acknowledge that you have reviewed and agree to our Shipping Policy.
Production, processing, shipment, transit, and delivery timeframes displayed on our website, during checkout, within order confirmations, or by any shipping carrier are estimates only and are provided solely for informational purposes.
Eklexic Jewelry does not guarantee shipment dates, transit times, or delivery dates.
Carrier estimates are outside our control and may change without notice.
Delays caused by shipping carriers, customs authorities, weather, transportation interruptions, labor shortages, governmental agencies, public holidays, force majeure events, or any circumstance beyond our reasonable control shall not constitute grounds for cancellation, refund, reimbursement, chargeback, or reimbursement of shipping charges, except where required by applicable law.
Customers are solely responsible for providing accurate shipping information.
Orders shipped to the address submitted by the customer are deemed properly fulfilled.
If an order is shipped to an incorrect address provided by the customer, Eklexic Jewelry shall have no obligation to replace, refund, or reship the order unless the original package is successfully returned in accordance with our Shipping Policy.
Section 8 — International Orders
International customers are solely responsible for complying with the import laws and regulations of their destination country.
Customers are solely responsible for all:
- customs duties;
- brokerage fees;
- VAT;
- GST;
- import taxes;
- tariffs;
- governmental assessments;
- customs processing fees; and
- any additional charges imposed by the destination country.
These charges are not included in the purchase price unless expressly stated during checkout.
Eklexic Jewelry has no control over these charges and cannot estimate, waive, reimburse, or refund them.
Customers are responsible for determining whether purchased merchandise may legally be imported into their destination country.
Eklexic Jewelry is not responsible for customs inspections, customs delays, customs holds, brokerage fees, seizures, confiscations, destruction of merchandise, import restrictions, or any action taken by customs authorities or governmental agencies.
International shipments refused by the customer or returned due to unpaid customs charges, brokerage fees, taxes, or customer-provided shipping information shall be handled in accordance with our Shipping Policy.
Section 9 — Returns, Exchanges & Store Credit
Returns, exchanges, store credits, return eligibility, return shipping requirements, return deadlines, exclusions, and all return-related matters are governed exclusively by our Return & Exchange Policy, which is incorporated into these Terms by reference.
By placing an order, you acknowledge that you have reviewed and agree to our Return & Exchange Policy.
Unless otherwise expressly stated in our Return & Exchange Policy:
- refunds are not offered;
- eligible returns are issued as store credit;
- return shipping costs are the responsibility of the customer;
- original shipping charges are non-refundable;
- merchandise must be returned in new, unworn, unused condition with original packaging;
- returned merchandise that does not satisfy our return requirements may be refused or returned to the customer at the customer's expense.
Products designated as final sale, personalized, custom-made, special order, or otherwise identified as non-returnable are not eligible for return, exchange, or store credit except where required by applicable law.
Eklexic Jewelry reserves the right to inspect all returned merchandise before determining eligibility for return, exchange, store credit, warranty consideration, or replacement.
Store credit has no cash value unless otherwise required by applicable law and may only be redeemed in accordance with the terms accompanying the credit.
Section 10 — Intellectual Property
All content available through the Services, including but not limited to our trademarks, trade names, logos, designs, product names, product designs, photographs, videos, graphics, illustrations, artwork, icons, text, product descriptions, website layout, software, source code, databases, compilations, audio, downloads, digital content, and all other materials (collectively, the "Content") are owned by or licensed to Eklexic Jewelry LLC and are protected by United States and international copyright, trademark, trade dress, patent, and other intellectual property laws.
Nothing contained within the Services grants any ownership interest or license in any intellectual property except the limited right to access and use the Services for your personal, non-commercial shopping purposes.
You may not, without our prior written consent:
- reproduce, copy, modify, distribute, publish, display, transmit, sell, license, exploit, reverse engineer, decompile, scrape, mine, or create derivative works from any portion of the Services or Content;
- use any Eklexic Jewelry trademarks, logos, product names, or photographs for commercial purposes;
- use our Content to train artificial intelligence, machine learning models, or automated systems;
- remove any copyright, trademark, watermark, or proprietary notice from any Content;
- use our Content in advertising, marketplaces, social media, or promotional materials without written authorization.
Unauthorized use of our intellectual property may result in legal action.
All rights not expressly granted are reserved.
Section 11 — User Content, Reviews & Social Media
If you submit reviews, photographs, videos, testimonials, comments, social media posts, feedback, suggestions, ideas, or any other content ("User Content") to Eklexic Jewelry, whether through our website, email, text message, social media, contests, or otherwise, you grant Eklexic Jewelry a perpetual, irrevocable, worldwide, royalty-free, fully paid, transferable, sublicensable license to use, reproduce, publish, display, distribute, modify, translate, create derivative works from, advertise with, and otherwise exploit such User Content in any media now known or later developed for any lawful business purpose without further notice or compensation.
You represent and warrant that:
- you own or control all rights to the User Content;
- the User Content does not infringe any third-party rights;
- the User Content is truthful and accurate;
- the User Content does not contain defamatory, unlawful, misleading, fraudulent, obscene, or offensive material;
- the User Content complies with all applicable laws.
We reserve the right, but have no obligation, to remove, edit, refuse, or moderate User Content at our sole discretion.
We assume no responsibility or liability for User Content submitted by customers or third parties.
Section 12 — Third-Party Services
Our Services may include links to or integrations with third-party websites, applications, payment processors, shipping carriers, marketplaces, social media platforms, financing providers, analytics providers, and other third-party services.
These third parties operate independently from Eklexic Jewelry.
We do not control, endorse, monitor, or assume responsibility for:
- third-party websites;
- third-party products or services;
- third-party payment processors;
- shipping carriers;
- financing companies;
- customs authorities;
- social media platforms;
- marketplace providers; or
- any third-party content.
Your use of third-party services is solely at your own risk and subject to the applicable third party's terms and privacy policies.
Eklexic Jewelry shall not be liable for any loss or damage arising from your use of any third-party products or services.
Section 13 — Privacy
Your submission of personal information through the Services is governed by our Privacy Policy, which is incorporated into these Terms by reference.
By using the Services, you consent to the collection, use, disclosure, storage, and processing of your information as described in our Privacy Policy.
You acknowledge that no method of internet transmission or electronic storage is completely secure.
While Eklexic Jewelry employs commercially reasonable administrative, technical, and physical safeguards to protect customer information, we cannot guarantee absolute security.
Section 14 — Electronic Communications
By visiting our website, creating an account, placing an order, subscribing to emails or SMS communications, or otherwise communicating electronically with us, you consent to receive electronic communications from Eklexic Jewelry.
Electronic communications include, but are not limited to:
- order confirmations;
- shipping notifications;
- invoices;
- receipts;
- customer service communications;
- legal notices;
- policy updates;
- account notifications; and
- marketing communications where you have provided the required consent.
You agree that all electronic communications satisfy any legal requirement that such communications be in writing.
You are responsible for maintaining accurate contact information.
Eklexic Jewelry is not responsible for communications not received due to spam filters, full mailboxes, carrier restrictions, incorrect contact information, technical failures, or circumstances beyond our reasonable control.
Section 15 — Product Care, Warranty Disclaimer & Handmade Products
Eklexic Jewelry products are designed to be enjoyed with proper care. Jewelry is subject to normal wear and tear over time.
Unless expressly stated in a separate written warranty published by Eklexic Jewelry, products are sold without any additional express warranty.
The following are considered normal wear and are not manufacturing defects:
- scratches;
- plating wear;
- tarnishing;
- oxidation;
- discoloration caused by chemicals, cosmetics, perfumes, lotions, sunscreen, chlorine, salt water, perspiration, or environmental conditions;
- bent components;
- broken chains caused by pulling, snagging, impact, or misuse;
- lost stones resulting from accidental damage;
- normal wear from everyday use;
- improper storage;
- unauthorized repairs or alterations;
- failure to follow jewelry care instructions.
Because many Eklexic Jewelry products are handcrafted, slight variations in finish, color, dimensions, plating, stone placement, texture, engraving, weight, and other aesthetic characteristics are expected and shall not be considered manufacturing defects.
Except as required by applicable law or any separate written warranty expressly issued by Eklexic Jewelry, products are provided "AS IS" and "AS AVAILABLE."
Nothing in this section limits any consumer rights or statutory warranties that cannot legally be disclaimed under applicable law.
Section 16 — Disclaimer of Warranties
EXCEPT AS EXPRESSLY PROVIDED IN A SEPARATE WRITTEN WARRANTY ISSUED BY EKLEXIC JEWELRY, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, WEBSITE, CONTENT, AND ALL PRODUCTS ARE PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS.
EKLEXIC JEWELRY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND MERCHANTABILITY.
WE DO NOT WARRANT THAT:
- THE WEBSITE WILL OPERATE WITHOUT INTERRUPTION;
- THE WEBSITE WILL BE ERROR-FREE;
- DEFECTS WILL ALWAYS BE CORRECTED;
- THE WEBSITE OR SERVERS WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
- PRODUCTS WILL MEET EVERY CUSTOMER'S INDIVIDUAL EXPECTATIONS; OR
- SHIPPING CARRIERS WILL DELIVER WITHIN ESTIMATED TIMEFRAMES.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS. WHERE APPLICABLE LAW PROHIBITS A DISCLAIMER, THIS SECTION APPLIES ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Section 17 — Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EKLEXIC JEWELRY LLC, ITS OWNERS, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, ASSIGNS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, ENHANCED, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO:
- THE USE OF THE SERVICES;
- ANY PRODUCT PURCHASED;
- ORDER PROCESSING;
- SHIPPING OR DELIVERY;
- DELAYS;
- CARRIER PERFORMANCE;
- CUSTOMS ACTIONS;
- IMPORT RESTRICTIONS;
- LOST PROFITS;
- LOST BUSINESS OPPORTUNITIES;
- LOST REVENUE;
- LOST DATA;
- LOSS OF GOODWILL;
- TRAVEL COSTS;
- EVENT COSTS;
- REPLACEMENT COSTS; OR
- ANY OTHER ECONOMIC OR NON-ECONOMIC LOSS,
WHETHER ARISING IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EKLEXIC JEWELRY'S TOTAL AGGREGATE LIABILITY ARISING FROM ANY CLAIM RELATING TO A PRODUCT, ORDER, TRANSACTION, OR USE OF THE SERVICES SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID TO EKLEXIC JEWELRY FOR THE PRODUCT GIVING RISE TO THE CLAIM.
NOTHING IN THIS SECTION LIMITS LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.
Section 18 — Indemnification
To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Eklexic Jewelry LLC, its affiliates, owners, officers, directors, employees, contractors, agents, successors, assigns, licensors, and service providers from and against any third-party claims, demands, actions, proceedings, liabilities, judgments, damages, losses, penalties, fines, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to:
- your breach of these Terms or any incorporated policy;
- information, instructions, shipping addresses, artwork, recipient information, or other materials supplied by you;
- your misuse of the Services or products;
- your violation of applicable law;
- your infringement of another person's intellectual property or other legal rights;
- your resale, export, modification, or unauthorized commercial use of products; or
- claims arising from your account, your conduct, or your instructions.
Eklexic Jewelry reserves the right to assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate fully in the defense of any such claim.
Nothing in this section requires you to indemnify Eklexic Jewelry for liabilities that cannot lawfully be shifted under applicable law.
Section 19 — Force Majeure
Eklexic Jewelry shall not be liable for any delay, interruption, or failure to perform resulting from events beyond our reasonable control, including but not limited to:
- acts of God;
- hurricanes;
- floods;
- fires;
- earthquakes;
- severe weather;
- pandemics;
- epidemics;
- governmental actions;
- customs delays;
- import restrictions;
- labor disputes;
- carrier disruptions;
- transportation interruptions;
- cyberattacks;
- utility failures;
- telecommunications failures;
- acts of terrorism;
- war;
- civil unrest; or
- any other force majeure event.
Our obligations shall be suspended for the duration of such event.
Section 20 — Informal Dispute Resolution
Before filing arbitration or a lawsuit, you agree to first notify Eklexic Jewelry in writing of the dispute and provide us with a reasonable opportunity to resolve it informally.
The notice must include:
- your full name;
- contact information;
- order number (if applicable);
- a description of the dispute; and
- the relief requested.
Notices must be sent to:
Eklexic Jewelry LLC
Attn: Legal Department
21926 Town Place Drive
Boca Raton, FL 33433
Email: info@eklexic.com
The parties agree to attempt in good faith to resolve the dispute for at least thirty (30) days after receipt of the notice before initiating arbitration or litigation, unless immediate injunctive relief is reasonably necessary.
Section 21 — Dispute Resolution; Binding Arbitration; Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
To the fullest extent permitted by applicable law, any dispute, claim, or controversy arising out of or relating to these Terms, the Services, your purchase of products, or your relationship with Eklexic Jewelry shall be resolved by binding individual arbitration rather than in court, except:
- claims that qualify for small claims court;
- claims seeking temporary or preliminary injunctive relief to protect intellectual property or confidential information; or
- claims that applicable law requires to be heard by a court.
Arbitration shall be administered by the American Arbitration Association ("AAA") under its applicable Consumer Arbitration Rules in effect at the time the claim is filed.
The arbitration shall be conducted on an individual basis.
YOU AND EKLEXIC JEWELRY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
The arbitrator may award only those remedies that would be available in an individual court proceeding.
If any portion of this arbitration provision is found unenforceable, the remaining portions shall remain in effect to the fullest extent permitted by law.
If the class action waiver is found unenforceable as to a particular claim, that claim shall proceed in court only to the extent required by applicable law, while all other claims remain subject to arbitration.
You may opt out of this arbitration provision by sending written notice to Eklexic Jewelry within thirty (30) days after your first purchase or first acceptance of these Terms. Opting out of arbitration will not affect the remainder of these Terms.
Section 22 — Governing Law
These Terms of Service, the Services, all purchases made through the Services, and any dispute arising out of or relating to these Terms, the Services, or any purchase from Eklexic Jewelry shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles.
The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
Nothing in these Terms limits or excludes any rights or protections that cannot lawfully be limited or excluded under applicable law.
Section 23 — Electronic Communications & Electronic Signatures
By accessing or using the Services, creating an account, placing an order, subscribing to our communications, or otherwise communicating electronically with Eklexic Jewelry, you consent to receive communications from us electronically.
Electronic communications include, but are not limited to:
- Order confirmations
- Payment confirmations
- Invoices and receipts
- Shipping and delivery notifications
- Customer service communications
- Policy updates
- Legal notices
- Promotional communications where permitted by applicable law
- Other communications relating to your relationship with Eklexic Jewelry
You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.
Section 24 — Termination
We reserve the right, in our sole discretion and without prior notice, to suspend, restrict, terminate, or refuse access to the Services, cancel orders, or close accounts if we reasonably believe that:
- You have violated these Terms;
- Fraudulent or unauthorized payment activity has occurred;
- Your account presents a security risk;
- You have misused the Services;
- You have infringed upon our intellectual property rights;
- You have violated applicable law; or
- Such action is necessary to protect Eklexic Jewelry, our customers, or third parties.
Termination shall not affect any obligations or liabilities incurred prior to termination. All provisions of these Terms that by their nature should survive termination, including but not limited to intellectual property rights, disclaimers, limitation of liability, indemnification, dispute resolution, arbitration, governing law, and payment obligations, shall survive termination.
Section 25 — Severability
If any provision of these Terms is determined by a court or arbitrator of competent jurisdiction to be invalid, illegal, void, or unenforceable, that provision shall be enforced to the maximum extent permitted by applicable law, and the remaining provisions shall remain in full force and effect.
Section 26 — Waiver
No waiver by Eklexic Jewelry of any breach, default, or provision of these Terms shall be deemed a waiver of any subsequent breach, default, or provision.
Failure by Eklexic Jewelry to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Section 27 — Entire Agreement
These Terms of Service, together with all policies incorporated herein by reference, including but not limited to our Shipping Policy, Return & Exchange Policy, Privacy Policy, Mobile Messaging Terms, Warranty Policy (if applicable), Wholesale Terms (if applicable), Affiliate Program Terms (if applicable), promotional terms, and any product-specific or checkout terms presented at the time of purchase, constitute the entire agreement between you and Eklexic Jewelry concerning your use of the Services and supersede all prior or contemporaneous agreements, communications, negotiations, representations, warranties, and understandings, whether written or oral, relating to the subject matter of these Terms.
Section 28 — Assignment
You may not assign, transfer, delegate, sublicense, or otherwise transfer any rights or obligations under these Terms without the prior written consent of Eklexic Jewelry.
Any attempted assignment in violation of this provision shall be null and void.
Eklexic Jewelry may assign, transfer, or delegate these Terms, in whole or in part, without restriction or notice, including in connection with a merger, acquisition, sale of assets, financing transaction, corporate reorganization, or by operation of law.
Section 29 — Changes to These Terms
We reserve the right, in our sole discretion, to modify, amend, update, or replace these Terms of Service at any time.
The most current version will always be posted on our website and will be effective upon posting unless otherwise required by applicable law.
Your continued access to or use of the Services after any changes become effective constitutes your acceptance of the revised Terms.
Any modifications will apply prospectively and will not affect completed purchases except where required by applicable law.
Section 30 — Prohibited Uses
You may access and use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services, directly or indirectly:
- for any unlawful, fraudulent, malicious, or unauthorized purpose;
- to violate any applicable federal, state, local, or international law, regulation, rule, or ordinance;
- to infringe, misappropriate, or violate the intellectual property rights, privacy rights, publicity rights, or other legal rights of Eklexic Jewelry or any third party;
- to transmit, upload, or distribute any content that is defamatory, obscene, offensive, threatening, harassing, abusive, hateful, discriminatory, or otherwise objectionable;
- to impersonate or attempt to impersonate Eklexic Jewelry, any Eklexic Jewelry employee, another customer, or any other person or entity;
- to submit false, misleading, or fraudulent information, including false shipping addresses, payment information, or identity information;
- to transmit or procure the sending of any unsolicited or unauthorized advertising, promotional material, spam, chain letters, or any other form of solicitation;
- to upload, transmit, or distribute any virus, malware, spyware, ransomware, trojan horse, worm, or any other malicious or harmful code or software;
- to interfere with, disrupt, damage, overburden, or impair the integrity, security, or performance of the Services, our servers, or any network connected to the Services;
- to attempt to gain unauthorized access to any portion of the Services, other accounts, computer systems, or networks connected to the Services;
- to use any robot, spider, scraper, crawler, data mining tool, automated script, or other automated means to access, collect, harvest, or extract data from the Services without our prior written consent;
- to use our Content, product images, descriptions, or trademarks to train, develop, or improve any artificial intelligence, machine learning model, large language model, or automated system;
- to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services or products for unauthorized commercial purposes;
- to purchase products for the purpose of unauthorized resale, export, or commercial redistribution;
- to abuse, exploit, or circumvent any promotional offer, discount code, referral program, loyalty program, or store credit system;
- to initiate chargebacks, payment disputes, or payment reversals in bad faith or in a manner inconsistent with our Return & Exchange Policy;
- to collect or harvest personal information of other users of the Services without their consent;
- to engage in any conduct that restricts or inhibits any other person's use or enjoyment of the Services; or
- to attempt to circumvent, disable, or interfere with any security feature, access control, or technical protection measure of the Services.
Violation of this section may result in immediate suspension or termination of your account, cancellation of pending orders, referral to law enforcement, and civil or criminal liability to the fullest extent permitted by applicable law.
We reserve the right to investigate any suspected violation of this section and to take appropriate legal or administrative action in our sole discretion.
Section 31 — California Consumer Rights Notice
If you are a California resident, you may have additional rights under California law, including the California Consumer Privacy Act ("CCPA") and the California Consumer Legal Remedies Act ("CLRA").
Under California Civil Code §1789.3, California residents are entitled to the following consumer rights notice:
- The provider of the Services is Eklexic Jewelry LLC, 21926 Town Place Drive, Boca Raton, Florida 33433.
- To resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at info@eklexic.com or +1 (917) 750-8066.
- Complaints may also be directed to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.
For information about your California privacy rights, including your right to know, right to delete, right to correct, and right to opt out of the sale or sharing of personal information, please review our Privacy Policy.
We will not discriminate against you for exercising any of your California privacy rights.
Section 32 — Accessibility
Eklexic Jewelry is committed to making our website accessible to all users, including individuals with disabilities.
We strive to conform to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards to the extent reasonably practicable.
If you experience difficulty accessing any portion of our website, encounter an accessibility barrier, or require content in an alternative format, please contact us at:
Email: info@eklexic.com
Phone: +1 (917) 750-8066
We will make reasonable efforts to provide the information or functionality you need through an alternative means.
Nothing in this section creates any additional legal obligation beyond what is required by applicable law.
Section 33 — Chargebacks & Payment Disputes
If you have a concern about a charge, order, or transaction, we encourage you to contact our customer support team before initiating a chargeback or payment dispute with your financial institution.
Contacting us first allows us the opportunity to resolve your concern promptly and directly.
Chargebacks or payment disputes initiated in bad faith, or without first providing Eklexic Jewelry a reasonable opportunity to resolve the matter, may be considered a breach of these Terms.
No return, exchange, store credit, replacement, or warranty claim will be processed while an active chargeback, payment dispute, payment reversal, or similar claim relating to the same order is pending with your financial institution or payment processor.
If a chargeback or payment dispute is resolved in favor of Eklexic Jewelry, you may then submit a request in accordance with our Return & Exchange Policy.
Eklexic Jewelry reserves the right to suspend or terminate accounts with excessive or bad-faith chargeback activity.
Nothing in this section limits any rights that cannot be waived under applicable law.
Section 34 — Contact Information
Questions regarding these Terms of Service may be directed to:
Eklexic Jewelry LLC
21926 Town Place Drive
Boca Raton, Florida 33433
United States
Email: info@eklexic.com
Phone: +1 (917) 750-8066
Mobile Terms of Service
Last Updated: September 14, 2025
The eklexic mobile message service (the "Service") is operated by Eklexic Jewelry LLC ("eklexic", "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 eklexic's SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of eklexic 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. 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 have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with eklexic. 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 +18883800936 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 eklexic 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 +18883800936 or email info@eklexic.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 Policy.
SMS/MMS Mobile Message Marketing Program Terms and Conditions
We are offering a mobile messaging program (the "Program"), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the "Agreement"). By opting in to 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, individual-only arbitration, as detailed in the "Dispute Resolution" section above. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and us in other contexts.
The Program allows users to receive SMS/MMS mobile messages by affirmatively opting into the program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the program. By participating in the program, you agree to receive automated or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of our mobile messages are sent using an automatic telephone dialing system ("ATDS" or "autodialer").
If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP to any mobile text message from us in order to opt out of the program. You may receive an additional mobile message confirming your decision to opt-out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You understand and agree that attempting to opt out by texting other words or verbally requesting one of our team members to remove you from our list is not accounted for as a reasonable means of opting out.
You acknowledge that the message frequency is various and that consent is not a condition to purchase. The program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with us.