Terms of service
- By using this site or placing an order, you agree to these Terms.
- Orders may be accepted or declined at our discretion; payment must be processed before acceptance.
- Returns are handled under our Returns Policy.
- Shipping and delivery timelines are estimates; carrier delays can happen.
- The site and products are provided “as is” to the fullest extent allowed by law.
OVERVIEW
Welcome to BijouxNYC Direct. The terms “we”, “us”, and “our” refer to BijouxNYC Direct, an independently owned online store.
BijouxNYC Direct operates this website and store, including all related information, content, features, tools, products, and services
to provide a curated shopping experience (the “Services”). BijouxNYC Direct is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service (“Terms”), together with any policies referenced herein, describe your rights and responsibilities when you use the Services. Please read them 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 and our Privacy Policy. If you do not agree, you should not use or access the Services.
Section 1 — Access and Account
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, and you have given consent to allow any minor dependents to use the Services on devices you own, purchase, or manage.
To use the Services (including browsing or purchasing), you may be asked to provide information such as your email address, billing, payment, and shipping details. You represent and warrant that all information you provide is correct, current, and complete and that you have all rights necessary to provide it.
You are solely responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer, sell, assign, or license your account to any other person.
Section 2 — Our Products
We make every effort to provide accurate product representations. However, product appearance may differ depending on your device, screen settings, and display configuration.
We do not warrant that the appearance or quality of any product will meet your expectations or match how it appears on your screen.
All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit 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. We reserve the right to accept or decline any order for any reason at our discretion. An order is not accepted until we confirm acceptance. We must receive and process payment before an order is accepted.
Please review your order carefully before submitting. After an order is accepted, we may be unable to accommodate cancellation requests. If we do not accept, change, or cancel an order, we will attempt to notify you using the email, billing address, and/or phone number provided at checkout.
Purchases are subject to return or exchange solely in accordance with our Returns Policy.
You represent and warrant that purchases are for personal or household use and not 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 at the time the order is placed and shown in your order confirmation.
Unless otherwise stated, posted prices do not include taxes, shipping, handling, customs, or import charges. Promotions may be governed by additional terms; if there is a conflict, promotion terms will govern.
You agree to provide current, complete, and accurate purchase and account information and to promptly update information so we can complete transactions and contact you. You represent and warrant that payment information you provide is true, correct, and complete; you are authorized to use it; charges will be honored; and you will pay all charges incurred.
Section 5 — Shipping and Delivery
We are not liable for shipping and delivery delays. Delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers or events outside our control.
For full shipping details, please review our Shipping Policy.
Once products are transferred to the carrier, title and risk of loss pass to you, to the fullest extent permitted by law.
Section 6 — Intellectual Property
The Services (including trademarks, branding, text, images, graphics, product reviews, video, audio, and the design, selection, and arrangement of these materials) are owned by BijouxNYC Direct or licensors and are protected by U.S. and international intellectual property laws.
These Terms permit you to use the Services for personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on the Services without prior written consent, except as incidentally necessary to browse and shop.
Shopify’s name and logo are trademarks of Shopify. All other names and marks are trademarks of their respective owners.
Section 7 — Optional Tools
We may provide access to third-party tools “as is” and “as available” without warranties, representations, or conditions and without endorsement. We have no liability arising from your use of optional third-party tools.
Any use of optional tools is at your own risk and discretion. New features or tools added to the Services will also be subject to these Terms.
Section 8 — Third-Party Links
The Services may contain links to third-party websites or embedded third-party functionality. We are not responsible for examining or evaluating the content or accuracy of third-party materials. If you leave the Services to access third-party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access to third-party websites or your purchase or use of products, services, or content from third parties. Please review third-party policies before engaging in transactions.
Section 9 — Relationship with Shopify
[This section accurately characterizes Shopify’s relationship with the store and should not be removed or modified.]
BijouxNYC Direct is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with BijouxNYC Direct. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and BijouxNYC Direct, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with BijouxNYC Direct.
Section 10 — Privacy Policy
All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify’s Privacy Policy, which can be viewed here.
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 you submit may be transmitted to and shared with Shopify and third parties that may be located in other countries in order to provide services to you.
Section 11 — Feedback
If you submit 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 such Feedback in any medium for any purpose, including commercial use.
You represent and warrant that you own or have all necessary rights to the Feedback, you have disclosed any incentives received (if any), and your Feedback will comply with these Terms. We have no obligation to keep Feedback confidential, pay compensation, or respond.
We may (but are not obligated to) monitor, edit, or remove Feedback that we determine to be unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable, or that violates intellectual property rights or these Terms.
Section 12 — Errors, Inaccuracies, and Omissions
Occasionally, information on the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct errors and to change or update information or cancel orders if any information is inaccurate at any time without prior notice.
Section 13 — Prohibited Uses
You may use the Services for lawful purposes only. You may not use the Services to violate laws, infringe rights, harass, transmit malware, send spam, impersonate others, scrape or crawl the site, or interfere with security features. We reserve the right to suspend or terminate access if we determine you violated these Terms.
Section 14 — Termination
We may terminate this agreement or your access to the Services (or any part thereof) at our discretion without notice. You remain liable for all amounts due up to and including the date of termination. Sections that by their nature should survive termination will continue to apply.
Section 15 — Disclaimer of Warranties
Information presented through the Services is provided for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance on such information is at your own risk.
EXCEPT AS EXPRESSLY STATED BY BIJOUXNYC DIRECT, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES, SO THE ABOVE MAY NOT APPLY TO YOU.
Section 16 — Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL BIJOUXNYC DIRECT, OR SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR REPLACEMENT COSTS, EVEN IF ADVISED OF THEIR POSSIBILITY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY FOR CERTAIN DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
Section 17 — Indemnification
You agree to indemnify, defend, and hold harmless BijouxNYC Direct, Shopify, and their affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from losses, damages, liabilities, or claims (including reasonable attorneys’ fees) arising out of your breach of these Terms, your violation of law, or your access to and use of the Services.
Section 18 — Severability
If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will be enforceable to the fullest extent permitted by law, and the unenforceable portion will be deemed severed without affecting the validity and enforceability of the remaining provisions.
Section 19 — Waiver; Entire Agreement
Our failure to enforce any right or provision of these Terms is not a waiver. These Terms and any policies posted on the site constitute the entire agreement between you and us regarding your use of the Services and supersede prior agreements and communications.
Section 20 — Assignment
You may not assign your rights or obligations under these Terms without our prior written consent. We may assign these Terms and our rights and obligations without consent or notice.
Section 21 — Governing Law
These Terms and any separate agreements whereby we provide Services shall be governed by and construed in accordance with applicable U.S. and state laws, without regard to conflict-of-law principles, and you consent to venue and personal jurisdiction in the applicable courts for such matters.
Section 22 — Headings
Headings are included for convenience only and will not limit or otherwise affect these Terms.
Section 23 — Changes to Terms of Service
You can review the most current version of these Terms at any time on this page. We reserve the right to update or replace any part of these Terms by posting updates to the website. Your continued use of the Services after changes are posted constitutes acceptance of those changes.
Section 24 — Contact Information
Questions about these Terms of Service should be sent to:
Email: contact@bijouxnycdirect.com
Phone: 409-420-2280
Mailing Address: 822A Highway 90, Bay St. Louis, MS 39520
BijouxNYC Direct is an online-only store and does not offer in-person visits or pickups.