Terms of Service

Introduction

Culbreth's Jewelers owns and operates this online store and website, including all related information, content, features, tools, products, and services, with the purpose of providing you, our valued customer, with a carefully curated shopping experience (referred to collectively as the "Services"). Our website operates on the Shopify platform, which allows us to deliver these Services to you.

The following terms and conditions, along with any policies referenced throughout this document (collectively referred to as these "Terms of Service" or "Terms"), outline your rights and responsibilities when you use our Services.

Please read these Terms of Service thoroughly, as they contain important information regarding your legal rights, including warranty disclaimers and limitations of liability.

By visiting, browsing, or using any part of our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree with these Terms of Service or our Privacy Policy, you should discontinue use of and access to our Services immediately.

Article 1 — Access and Account

By accepting these Terms of Service, you confirm that you have reached the age of majority in your state or province of residence, and that you have granted us permission to allow any of your minor dependents to use the Services on devices that you own, purchase, or manage.

To use our Services, including browsing or purchasing products through our online store, you may be required to provide certain information such as your email address, billing details, payment information, and shipping address. You represent and warrant that all information you provide is accurate, current, and complete, and that you have all necessary rights to supply this information.

You bear full responsibility for safeguarding your account credentials and for all activity that occurs under your account. You may not transfer, sell, assign, or license your account to any other individual without obtaining our prior written consent.

Article 2 — Our Products

We make every reasonable effort to present our products and services as accurately as possible within our online store. However, please be aware that the actual colors or appearance of products may vary slightly from how they appear on your screen, depending on your device type, display settings, and technical configuration.

We do not guarantee that the appearance or quality of any products or services you purchase will match your expectations or perfectly replicate what is shown in our online store.

All product descriptions are subject to change at any time without prior notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products available to any individual, geographic region, or jurisdiction on a case-by-case basis.

Article 3 — Orders and Shipping

Order Cutoff Time: All orders must be placed before 3:00 PM Eastern Time on a business day to qualify for same-day processing. Orders placed after this time will be processed on the following business day.

Order Acceptance: When you submit an order, you are making an offer to purchase. Culbreth's Jewelers reserves the right to accept or decline any order for any reason at its sole discretion. Your order is not considered accepted until Culbreth's Jewelers sends you an explicit confirmation. Payment must be received and processed before your order is accepted.

Processing Time: Orders placed before 3:00 PM Eastern Time on a business day are processed and shipped same day. Orders placed after 3:00 PM ET, on weekends, or on U.S. federal holidays will begin processing on the next business day.

Delivery Time: Once shipped, estimated delivery is 4–7 business days.

Shipping Area: We currently ship only to addresses within the United States, including Alaska, Hawaii, and U.S. territories.

Shipping Cost: Shipping is free for all orders within the United States. No additional shipping, handling, or surcharges will apply.

Delivery Delays: Culbreth's Jewelers is not responsible for shipping or delivery delays. All delivery timeframes are estimates and should not be considered guaranteed delivery dates. We are not liable for delays caused by carriers, customs processing (where applicable), adverse weather conditions, or events beyond our control. Once products are handed to the carrier, title and risk of loss transfer to you.

Cancellation Policy: Please review your order carefully before submitting. You may cancel your order at no cost within 24 hours of placement by contacting us at info@culbrethsjewelers.com. After this 24-hour window, or once your order has entered the fulfillment process, orders can no longer be modified or cancelled. In such cases, please refer to our Return Policy below for applicable options.

Your purchases are subject to return or exchange strictly in accordance with our Return Policy.

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

Article 4 — Prices and Billing

Product prices, discounts, and promotional offers are subject to change without prior notice. The price charged for any product or service will be the price in effect at the time you place your order, as reflected in your order confirmation email. Any applicable sales tax will be calculated based on your shipping address and displayed at checkout. Tax obligations vary by state, and some orders may not be subject to sales tax.

Shipping: All domestic shipping within the United States is provided free of charge. No shipping, handling, customs, or import fees apply to domestic orders.

Prices displayed in our online store may differ from prices offered in physical retail locations or through other third-party stores or platforms. From time to time, we may offer promotions through our Services that impact pricing and are governed by separate terms and conditions. In the event of a conflict between promotion-specific terms and these Terms, the promotion terms will take precedence.

You agree to provide current, complete, and accurate purchase, payment, and account information for every transaction. You further agree to promptly update your account details — including your email address, credit card numbers, and expiration dates — so that we can process your transactions and reach you as needed.

You represent and warrant that (i) the credit card information you supply is truthful, accurate, and complete; (ii) you are authorized to use that credit card for the purchase; (iii) your credit card company will honor the charges incurred; and (iv) you will pay all charges at the posted prices, including any applicable shipping, handling, and tax amounts.

Article 5 — Return Policy

Return Window: We accept returns within 30 days from the date of delivery.

Return Shipping: Return shipping is completely free for all eligible returns. We provide a prepaid return shipping label for your convenience. To start a return, please contact us for instructions.

Return Conditions: Items must be unused, unworn, unwashed, and in their original condition with all tags still attached. Items that show signs of damage, alteration, or are returned without their original packaging may not qualify for a refund.

Refund Process: After we receive your return and verify its condition, refunds will be issued within 10 business days. Refunds will be credited to your original payment method.

Non-Returnable Items:

Jewelry:

• Earrings, including dangle earrings and studs (non-returnable for hygiene reasons)
• Items that have been damaged, altered, or repaired
• Individual pieces that are part of a jewelry set (only accepted for return if the complete set is returned together)

Defective or Damaged Items: If you receive a product that is defective or was damaged during shipping, please contact us immediately. We will arrange a free return and provide either a replacement or a full refund.

Return Address: All returns should be shipped to the address provided during the return initiation process.

For questions about returns or to begin a return, please email us at info@culbrethsjewelers.com.

Article 6 — Intellectual Property

Our Services, including but not limited to all trademarks, brand names, text, displays, images, graphics, product reviews, video, audio content, and the design, selection, and arrangement of all such materials, are the property of Culbreth's Jewelers, its affiliates, or its licensors. These materials are protected by United States and international patent, copyright, and other intellectual property laws.

These Terms grant you permission to use the Services solely for your personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material found on our Services without obtaining our prior written consent. Except as expressly stated in these Terms, no license or rights are granted to you under any patent, trademark, copyright, or other intellectual property belonging to Culbreth's Jewelers, Shopify, or any third party. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted here are reserved by Culbreth's Jewelers.

The names, logos, product and service names, designs, and slogans associated with Culbreth's Jewelers are trademarks of Culbreth's Jewelers or its affiliates or licensors. You may not use these trademarks without prior written permission. Shopify's name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other trademarks appearing on our Services belong to their respective owners.

Article 7 — Optional Third-Party Tools

We may grant you access to tools and features offered by third-party providers as part of our Services. We do not monitor, control, or have any input over these third-party tools.

You acknowledge and agree that we provide access to such tools on an "as is" and "as available" basis, without any warranties, representations, or conditions of any kind, and without any endorsement. We assume no liability whatsoever arising from or related to your use of any optional third-party tools.

Any use you make of optional tools offered through our website is entirely at your own risk and discretion. You should familiarize yourself with and accept the terms under which the relevant third-party provider offers these tools.

We may in the future introduce new features through our Services, including the release of new tools and resources. Any such new features will be considered part of the Services and will be subject to these Terms of Service.

Article 8 — Third-Party Links

Our Services may contain materials and hyperlinks to websites or digital platforms operated by third parties. If you choose to visit these external sites, we encourage you to review their respective privacy policies, security practices, terms, and conditions. We do not assume responsibility for the privacy practices, security measures, or content accuracy of any third-party websites. The inclusion of links on our site does not constitute an endorsement of the linked content, their owners, or their operators, unless otherwise stated on our Services.

Article 9 — Relationship with Shopify

Culbreth's Jewelers operates on the Shopify platform, which enables us to deliver our Services to you. However, all sales and purchases made through our Store are conducted directly between you and Culbreth's Jewelers. By using our Services, you acknowledge and agree that Shopify bears no responsibility for any aspect of transactions between you and Culbreth's Jewelers, including any injury, damage, or loss resulting from purchased products or services. You hereby release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Culbreth's Jewelers.

Article 10 — Privacy Policy

All personal information we collect through our Services is governed by our Privacy Policy. Certain personal information may also be subject to Shopify's Privacy Policy. By using our Services, you acknowledge that you have reviewed these privacy policies.

Because our Services are hosted by Shopify, Shopify collects and processes personal information related to your access to and use of our Services in order to provide and improve those Services for your benefit. Information you submit through our Services may be transmitted to and shared with Shopify and with third parties located outside your country of residence, for the purpose of delivering Services to you.

Article 11 — Feedback

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

You further represent and warrant that: (i) you own or possess all necessary rights to the Feedback you provide; (ii) you have disclosed any compensation or incentives you received in connection with your Feedback submission; and (iii) your Feedback complies with these Terms.

We reserve the right, but are not obligated, to monitor, edit, or remove Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party's intellectual property rights or these Terms of Service.

You agree that your Feedback will not infringe upon the rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your Feedback will not contain libelous, unlawful, abusive, or obscene content, nor any computer virus or other malware that could interfere with the operation of our Services or any related website. You may not use a false email address, impersonate another person, or otherwise mislead us or third parties regarding the origin of any Feedback. You are solely responsible for the accuracy and content of any Feedback you submit. We assume no responsibility and no liability for any Feedback posted by you or any third party.

Article 12 — Errors, Inaccuracies, and Omissions

From time to time, our Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, and product availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is found to be inaccurate at any time without prior notice, including after an order has been submitted.

Article 13 — Prohibited Uses

You may access and use our Services only for lawful purposes. You may not access or use our Services, either directly or indirectly, for any of the following purposes:

(a) For any unlawful or malicious purpose; (b) To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (c) To infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) To transmit false or misleading information; (f) To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) To transmit or facilitate the sending of any advertising or promotional material, including "junk mail," "chain letters," "spam," or any similar form of solicitation; (h) To impersonate or attempt to impersonate any other person or entity; or (i) To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or that, as determined by us, may harm Culbreth's Jewelers, Shopify, or users of the Services, or expose them to liability.

In addition, you agree not to:

(a) Upload or transmit viruses or any other type of malicious code that could affect the functionality or operation of our Services; (b) Reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of the Services; (c) Collect or track the personal information of other users; (d) Spam, phish, pharm, or pretext the Services; (e) Use any robot, spider, scraping tool, data gathering or extraction tool, automatic device or process, AI tools, or any other automated or manual means to access the Services; or (f) Interfere with, bypass, or circumvent any security features, authorization measures, robot exclusion headers, or other measures we employ to restrict access to the Services.

We reserve the right to suspend, disable, or terminate your account at any time without prior notice if we determine that you have violated any provision of these Terms.

Article 14 — Autonomous Agents

This section applies if you use, permit, enable, or cause the deployment of an Agent to access, use, or interact with any of our Services. An "Agent" refers to any software or service that performs autonomous or semi-autonomous actions on behalf of, or under the direction of, any person or entity, and that can be executed on behalf of or using a person's device without direct supervision.

Unless an Agent identifies itself at all times and operates in strict compliance with the requirements below, no Agent may access, use, or interact with our Services. Furthermore, no Agent may access, use, or interact with our Services if we have requested that the Agent refrain from doing so.

We may limit, including through technical measures, whether and how any Agent accesses, uses, and interacts with our Services.

Agents are required to:

(i) In all HTTP/HTTPS requests, clearly identify that the request originates from an Agent and disclose the Agent's name by including the following in the request's user agent string: "Agent/[agent name]"; (ii) Not conceal or disguise the fact that any access, use, or interaction originates from an Agent, including by (a) mimicking human behavior or interaction patterns, or (b) completing or circumventing CAPTCHAs or other measures designed to distinguish human users from automated systems; (iii) Respond truthfully to any question or prompt designed to determine whether the interaction originates from a human or a computer; and (iv) Not circumvent or otherwise avoid any measure intended to block, limit, modify, or control Agent access to, use of, or interaction with our Services.

Article 15 — Termination

We may terminate this agreement or your access to the Services (or any portion thereof) at our sole discretion, at any time, without prior notice. You will remain liable for all amounts owed up to and including the date of termination.

The following sections will remain in effect following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by nature should survive termination.

Article 16 — Disclaimer of Warranties

The information presented on or through our Services is provided solely for general information purposes. We make no warranty regarding the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is entirely at your own risk. We disclaim all liability and responsibility for any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

Except as expressly stated by Culbreth's Jewelers — including the limited remedy for defective or damaged items described in Article 5 (Return Policy) — the Services and all products offered through the Services are provided "as is" and "as available" for your use, without any representations, warranties, or conditions of any kind, whether express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We do not guarantee, represent, or warrant that your use of the Services will be uninterrupted, timely, secure, or error-free. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so the above disclaimer may not apply to you.

For the avoidance of doubt, the defective or damaged item remedy in Article 5 constitutes a limited, express remedy only and does not create any implied warranty of merchantability, fitness for a particular purpose, or durability beyond what is expressly stated in Article 5.

Article 17 — Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall Culbreth's Jewelers, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, or licensors, or those of Shopify and its affiliates, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to 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 from your use of any of the Services or any products procured through the Services, or for any other claim related in any way to your use of the Services 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 Services or any content (or product) posted, transmitted, or otherwise made available via the Services, even if advised of their possibility.

Article 18 — Indemnification

You agree to indemnify, defend, and hold harmless Culbreth's Jewelers, Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any losses, damages, liabilities, claims, or expenses, including reasonable attorneys' fees, payable to any third party arising out of or related to:

(1) Your breach of these Terms of Service or the documents they incorporate by reference; (2) Your violation of any law or the rights of a third party; or (3) Your access to and use of the Services.

We will notify you of any claim for which indemnification is sought, provided that a failure to provide timely notice will not relieve your obligations unless you are materially prejudiced. We may control the defense and settlement of any such claim at your expense, including selection of counsel, but we will not settle any claim that imposes non-monetary obligations on you without your consent, which shall not be unreasonably withheld. You agree to cooperate in the defense of any indemnified claims, including by providing relevant documents and information.

Article 19 — Severability

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that 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. This determination shall not affect the validity and enforceability of any remaining provisions.

Article 20 — Waiver and Entire Agreement

The failure of Culbreth's Jewelers to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of that right or provision.

These Terms of Service, together with any policies or operating rules posted on this website or in connection with the Services, constitute the entire agreement and understanding between you and Culbreth's Jewelers governing your use of the Services. These Terms supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and Culbreth's Jewelers (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.

Article 21 — Assignment

You may not delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms along with our rights and obligations without your consent or notice.

Article 22 — Governing Law

These Terms of Service, and any separate agreements through which we provide you Services, shall be governed by and construed in accordance with the laws of the federal and state courts in the jurisdiction where Culbreth's Jewelers is headquartered. You and Culbreth's Jewelers consent to venue and personal jurisdiction in such courts.

Article 23 — Headings

The headings used in these Terms of Service are included for convenience only and shall not limit or otherwise affect the provisions of these Terms.

Article 24 — Changes to Terms of Service

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

We reserve the right, at our sole discretion, to update, modify, 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. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes constitutes your acceptance of those changes.

Article 25 — Contact Information

If you have any questions about these Terms of Service, please reach out to us using the information below:

We typically respond to inquiries within 1–2 business days. Thank you for your patience.