TERMS AND CONDITIONS

The online website www.colibrigold.com is owned and managed by Colibri Gold, (which will be referred to as “ColibriGold”).

This website has been created and operates in accordance with the current EU laws. In order to settle any disputes regarding this website, the laws and courts of Romania will have exclusive jurisdiction.

These Terms and Conditions (“Terms of Use”) are entered into by and between You and Colibri Gold (“Company,” “we,” or “us”). The following terms and conditions, along with any documents expressly incorporated by reference (collectively “Terms of Use”), govern your access to and use of all Colibri Gold online and digital activities, including, but not limited to www.colibrigold.com and tools where these Terms and Conditions appear or are linked (collectively “Website”).

ColibriGold will process the data provided by you with the utmost confidentiality, and in accordance with the current laws. Your data will be used with the purpose of improving our products and services provided to meet our customer’s needs and to provide you with news about our products. Depending on your preferences, you may be contacted by phone, post, or e-mail.

ACCEPTANCE OF THE TERMS AND CONDITIONS

By using the Website, you accept and agree to be bound and abide by these Terms and Conditions and our Privacy Policy, incorporated herein by reference. If you do not agree to these Terms of Use or our Privacy Policy, you may not access, use the Website or make any purchases. Certain areas within the Website may be governed by additional terms (“Additional Terms”), incorporated herein by reference. By using those areas of the Website, you agree to the Additional Terms.

All the materials integrated into this website are the intellectual property of ColibriGold or its partners. These materials cannot be copied or reproduced.

DEFINITIONS

Site/ website: commercial website “www.colibrigold.com”.

Item/product: item/ product having the *characteristic elements specified and declared on our website.

Customer/ User/ Consumer: any person or company which places an order on our website.

Supplier/Company: The seller of the item(s), contracting party by accepting the online order.

Terms and Conditions/Terms of use: All the terms and conditions stored on our website,

Communication/ Communicated information: any information communicated exclusively by e-mail, between the Supplier and the Customer.

User Account: a section created on our website, which allows the contracting parties to communicate.

Order / Placing an order: the Customer is communicating through the website their order/ desire to purchase an item or items which was added to the virtual shopping bag.

In stock/ Available: this is showing if an item is available to order. When a Customer is placing an order, the supplier will check and confirm the availability.

Buyer: the Customer/ Consumer or any other person who is paying for the item(s) ordered.

The receiver of the Packed Product: the Buyer will receive the packed product/item at the delivery address which was provided through our website.

Website Content: words, graphic symbols, or combinations thereof that are produced and delivered on our website in digital format (such as the source software and related programs of the website, etc.) or explicitly, through modalities such as texts that are constituted or not in documents, fields with presentations, specifications, interactive forms, etc.

Abusive Use: the use of the website’s content by the Customer other than the communicated modalities, or against the Terms and Conditions, or by any means that contravene with the law and which may cause harm, including third parties.

Violations: using the website’s content by third parties other than the communicated modalities, or against the Terms and Conditions, or by any means that contravene the law and which may cause harm to the supplier, the Customer, or other third parties.

Purchase Invoice: the invoice for the purchase of the item(s), sent to the Customer.

Conformity Declaration – Quality Certificate – Warranty Certificate: the terms and conditions found in the Products Warranty section on our website, regarding the quality certification for the ordered item(s), the warranty conditions, and their instructions for use.

Delivering Your Order: information communicated in the section with the same name, regarding the conditions under which the Supplier delivers your order.

Delivery Date: the date communicated by the Courier service and at which the Customer or the designated person will be at the delivery address and takes possession of the order.

Return policy: information communicated in the section with the same name, regarding the conditions under which the Customer can return the order.

Order Return Form: section of the website, in which the Supplier and the Customer communicate regarding the possibility of returning the ordered item(s), following the procedure stated in the Return Policy section.

ELECTRONIC COMMUNICATION

When you visit the Site, provide us with your email address, or send emails, texts, or other electronic messages to us,  you consent to receive communications from us electronically in return. We will communicate with you by email, text message, or by posting notices on this Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

By providing your email address and mobile device number, you acknowledge and agree that Colibri Gold will send you emails, text messages, and promotions relating to your Account, your order, and purchases, or your upcoming or past piercings. Please note that, while we do not charge you a fee to receive text messages from us, message and data rates may apply.  You acknowledge and agree that you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. You can opt-out of your subscription to Colibri Golds’ email and/or text messaging services at any time by logging in to the Site and changing your notification preferences. You can also unsubscribe from promotional emails at any time by clicking on the unsubscribe link in any of our email communications under opt-in preferences or replying “STOP” to text messages.

By using the Site and opting to receive emails, text messages, and electronic communications, or providing your email address, you acknowledge and agree that Colibri Gold will be collecting certain of your Personal Information (as defined in the Privacy Policy). You acknowledge and agree that while Colibri Gold takes commercially reasonable steps to protect the privacy and security of your Personal Information, no system is completely secure.

You acknowledge and agree that you are solely responsible for providing Colibri Gold with accurate contact information, including your mobile device number and email address, where we may send communications containing your Personal Information. Colibri Gold is not responsible for user errors and omissions.

USE OF WEBSITE

This Website is offered and available to users who are 13 years of age or older and reside in the United States or any of its territories or possessions. If you are under the age of 18, you may use this Website only with the involvement of a parent or guardian. By using this Website, you represent and warrant that you are of the capacity to form a binding contract with the Company and meet all of the foregoing eligibility requirements.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. You acknowledge and agree that all information you provide to register with this Website or otherwise provide through the Website, including but not limited to through the use of any interactive features on the Website, is accurate, current, and complete. Our use of your information is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose or are provided with, a username, password, or any other information as part of our secure account registration, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge and agree that your account is personal to you and that you are responsible for all activity that occurs through your account. If any unauthorized access to or use of your user name or password or any other breach of security occurs, you must notify us immediately. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifiers, whether chosen by you or provided by us, block access to our Website, or refuse service to you at any time at our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

PROHIBITED USES

You agree not to use the Website:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
• To transmit, or procure the sending of, any advertising or promotional material, without our prior written consent, including any “junk mail,” “chain letter,” “spam” or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity, including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing.
• To harvest or collect information about other users of the Website.
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
• To make any use of data extraction, scraping, mining, or other data gathering tools, or create a database by systematically downloading or storing Site content, or otherwise scrape, collect, store, or use any Content, product listings, descriptions, prices, or images, except pursuant to the limited license granted by these Terms of Use.

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real-time activities through the Website.
• Use any robot, spider, or other automatic devices, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website or for any unauthorized purpose without the Company’s prior written consent.
• Use any meta tags or any other hidden text utilizing Company’s name or marks.
• Use a buying agent to conduct transactions on the Website.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise, attempt to interfere with the proper working of the Website.

GENERAL CONDITIONS

All prices and all costs generated by the services from our website are expressed in USD and do not include Sales Taxes.

By generating the purchase/ order options and accepting all the Terms and Conditions, the Customer undertakes to pay the price for the order and the Supplier undertakes to deliver the product in a new condition, packaged and compliant state, to the address provided by the customer through our website.

The customer undertakes to digitally complete, in full, the address forms of the website with real, current, correct, and complete data. If the Supplier finds that the Customer has provided fake, inaccurate, erroneous, or incomplete data, which has brought harm, legal actions will be made.

The execution of the sales contract is performed only with the help of the information provided.

 According to the GDPR requirements, the Supplier has the obligation to manage the personal data provided by the Customer in secure conditions and only for the specified purposes.

At the same time, the Customer has the right to oppose the processing of its personal data and to request the deletion of the data. In order to exercise these rights, the Customer can address the Supplier with a written request, signed and dated at the following e-mail address: contact@colibrigold.com

The Customer acknowledges the Supplier’s right to include in the communicated information: advertising messages, sales or advertising campaigns, and such.

Any abusive use of the website’s content can lead to legal actions as well as restricting access without prior notification.

If the Supplier cannot fulfill its obligations due to events out of its control, the Supplier shall not be held responsible for the delay or failure to perform.

The supplier is exempted from liability as a result of any damages caused to the Customer by shipping companies.

The Customer agrees that the Supplier cannot provide guarantees regarding the security of the information transmitted digitally. At the same time, the Customer accepts that the Supplier cannot guarantee the confidentiality of the information transmitted digitally and which are intercepted by third parties.

Personal data from our interactions with you and other customers will be used only for the purpose of providing the highest quality products and services. However, the Customer is not obliged to provide any personal data.

The collected information is intended for use by the Supplier and can only be communicated to the collaborating banks or couriers, as this information is required in relation to the Customer.

If any of the Customer’s data is incorrect, he/she must inform the Supplier immediately.

The content of the online site belongs to the Supplier exclusively, including as the sole assignee of the copyright on certain parts thereof. Thus, the content of the website is protected by law and any use of it in any way other than that explicitly stated on the website in accordance with the Terms and Conditions, without the explicit consent of the Supplier, is punished according to the law.

The customer assumes exclusively the consequences of accessing and using the content of the website in violation of the Terms and Conditions, the applicable EU laws, or the laws of the place from which he/she can access and use the website directly or indirectly.

The customer and the Supplier undertake to immediately notify each other of any breaches.

In some cases, we may collect non-personal information. Examples of such information are the type of browser used, the operating system of the computer used, and the domain name of the website from which the connection to our site or as a result of our advertising was made.

The possible disputes regarding the execution of the sales contract are interpreted on the basis of the EU, and Romanian laws and are judged exclusively by the Romanian courts.

If the Client does not agree with the Terms and Conditions, he/she does not have permission from the Supplier to use the content of the website, and the use of the content of the website without the permission of the Supplier will attract the civil or criminal liability of the Customer, as the case may be.

CONTENT STANDARDS

These content standards apply to any and all User Contributions. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations and these Terms of Use. Without limiting the foregoing, User Contributions must not:

• Contain any material which is inaccurate, deceptive, misleading, defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use or our Privacy Policy.
• Promote any illegal activity, or advocate, promote or assist any unlawful act.
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, bartering, or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.

INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information as set forth in our Privacy Policy.

ONLINE PURCHASES

If you wish to purchase any goods or services made available through the Website (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Company the right to provide such information to third parties for purposes of facilitating the completion of any Transaction initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Website are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Website does not guarantee that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Website. By placing an order, you represent that the products ordered will be used only in a lawful manner. Company reserves the right, with or without prior notice, to (i) limit the available quantity of or discontinue any goods or services; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and/or (iv) refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Website, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.

The Company or our agents may call or text you regarding your account or your Transactions, as set forth in our Privacy Policy and applicable Additional Terms. You agree that we may place such calls or texts using an automatic dialing/announcing device and that we may make such calls or texts to a mobile telephone or other similar devices. You agree that we may, for training purposes or to evaluate the quality of our service, listen to and record phone conversations you have with us.

PRODUCT IMAGES

We have attempted to accurately depict the colors and details of the products offered on this Website. However, because the color and product details you see are dependent on your computer monitor, we cannot guarantee that the color and details that you see will be accurate. The products also may appear larger or smaller than their actual size depending on your monitor. Some photographs have been enlarged to show detail.

The customer accepts that between the characteristics of the item(s) delivered and those highlighted in its picture from the website, there may be differences in size, shape, color, brightness, reflection, etc.

PRICING, AVAILABILITY, AND ACCURACY

A company’s acknowledgment of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. The Company makes a conscientious effort to describe and display its products and services accurately on the Website. Despite these efforts, a small number of items on the Website may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Website and in our advertising through other media. As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. The Company reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. We apologize for any inconvenience.

The information displayed on this website is for informational purposes, it is addressed to ColibriGold customers and does not apply to other jurisdictions. ColibriGold assumes no responsibility for their accuracy but will make every effort to ensure that the data on this site is as accurate and updated as possible. Also, ColibriGold reserves the right to change the specifications of the products or services described on this site at any time, without any prior notification.

RETURNS

If you are not fully satisfied with your purchase, you may return it in accordance with our Return Policy, incorporated herein by reference.

COPYRIGHT INFRINGEMENT POLICY

If you believe your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, you may notify our team by sending an email to contact@colibrigold.com.

The Company has the right to remove any Content, User Contributions, or other material from the Website at any time.

LINKS FROM THE WEBSITE

The Website may contain links to other sites and resources provided by third parties, which are provided for your convenience only. This includes links contained in advertisements, such as banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of those sites or resources. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and your use is subject to the privacy policies and terms and conditions of use that govern such websites.

DISCLAIMER OF WARRANTIES

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CAN NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT COLIBRI ART TOP WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COLIBRI ART TOP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE OR AT A STUDS LOCATION; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (V) ANY OTHER MATTER RELATING TO THE SITE OR THE SERVICES. IN NO EVENT WILL COLIBRI ART TOP’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID COLIBRI ART TOP IN THE LAST SIX (6) MONTHS, OR IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE (INCLUDING THE PRIVACY POLICY AND TERMS AND CONSENT TO PIERCING), YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE THE USE OF THE SERVICES AND/OR THE SITE.

IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

You also release, waive, discharge and promise not to sue or bring any claim of any type against us for any loss, damage, or injury relating in any way to the Services or any part thereof. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” IF YOU ARE A RESIDENT OF ANOTHER JURISDICTION, YOU WAIVE ANY COMPARABLE STATUTE OR DOCTRINE.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

INSTRUCTIONS AND USEFUL INFORMATION

We recommend that you keep your jewelry safe from any physical shock, and gently open your bracelets, earrings, necklaces, chains, etc.

Jewelry will be required to be taken off before bedtime, before bathing, washing dishes, or before other similar activities where jewelry could come in contact with water, detergents, cosmetics, and chemicals, to avoid splitting the parts attached to the jewelry (precious and semi-precious stones, zirconium crystals) as well as the wear of parts that contain natural leather or other materials!

Jewelry containing rubber parts loses elasticity if it comes in contact with cosmetic sprays or any other petrochemicals. The materials of organic nature, pearls, corals, and shells, are sensitive to cosmetic and petrochemical products. Jewelry with semiprecious stones and necklaces will not be worn during sleep, to avoid accidental damage or strangulation.

Keep jewelry out of the reach of children.

The jewelry will be removed compulsory before working with various chemicals, in order not to change its color and not cause damage to the surface layer. The jewelry will not be worn during physical contact activities or other activities that result in abundant perspiration, in order to avoid scratching the surface layer, detaching the attached parts, or removing the surface layer of the jewelry.

Excessive water, acetone (nail polish remover), or other liquids will cause the stones to separate. Also, do not use perfume or hairspray close to jewelry. Silver jewelry will be kept in plastic bags, in dry places away from the kitchen, bathroom, or shower, to avoid contact with moisture and heat, and to prevent their oxidation.

Hallmarked 925 sterling silver jewelry that is not treated with rhodium can oxidize (darken) in contact with moisture, perspiration, or excessive heat – this is not a defect. Clean the simple silver jewelry with bicarbonate or special silver cleaning solutions to restore its brilliance.

For maintenance, we recommend using a soft cloth, especially for cleaning them, caring for the jewelry, and keeping it shiny. Jewelry with natural pearls or stones will not be cleaned with solvents or chemicals intended for cleaning silver, as it may change its color.

According to law 449/2003, art.11 paragraph 2, the Customer cannot request the replacement of the jewelry due to the falling stones.

Natural stones can have small differences and imperfections of color or cracks, these are not defects, it is their natural appearance.

This warranty does not include damage to the product/jewelry due to non-compliance with the instructions in the chapter Instructions and Useful Information; accidents, inattention, negligence, improper use of the product/jewelry, or other factors that are not related to material or labor defects.

No warranty covers the deficiencies of the product caused by actions/inactions not allowed such as sporting, professional, or domestic activities; transportation; manipulation; mining; storage; unauthorized cleaning, maintenance, and repair; failure to comply with the present terms and conditions; exposure of the product to wear or aging, upon contact with a destructive environment that prematurely wears the product, such as dust, smoke, fire, steam, acid rain, chemicals such as caustics, solvents, bleachers, petroleum products, adhesives, acids, salts, cosmetics or cleaning products, chlorine or chlorine-containing substances, including water containing them;

In the event of defects occurring during the warranty period, please send the defective product to the company address. The Customer will send to ColibriGold the faulty product, the Warranty Certificate, and the sales invoice through a courier service.

The term of settlement for the warranty is of maximum 15 days from receiving the product. Any repairs to the products within the warranty period will be carried out free of charge or will be replaced under the conditions of the revised GO no. 21/1992 if it is confirmed that a material or labor defect was the cause of such deterioration rather than the misuse of jewelry by the Customer. In case of replacement, we do not guarantee that the same model will be delivered. If the same model is not available, a similar model with an equivalent value will be offered to be delivered.

Service repairs for cases not covered by the warranty such as jewelry damage due to failure to comply with the instructions in the chapter Instructions and Useful Information, accidents, negligence, improper use, or other factors not related to defects in material or workmanship will be invoiced to the Customer.

DISPUTES

READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND IMPACTS HOW CLAIMS YOU AND THE COMPANY MAY HAVE AGAINST EACH OTHER ARE DETERMINED.

AGREEMENT TO ARBITRATE
You and Company agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to this or previous versions of these Terms of Use, your use of the Website, or to any products or services sold or distributed by us or through the Website will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify and the case proceeds as an individual (non-class, non-representative) case.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms of Use as a court would.

The arbitration hearing will be held in the EU, Romania. You or Company may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Company subject to the arbitrator’s discretion to require an in-person hearing.

The arbitrator will decide all claims in accordance with applicable law. The arbitrator shall not be bound by rulings in prior arbitrations involving other Company customers but is bound by rulings in prior arbitrations involving the same Company customer to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the arbitrator’s award may be entered in any court having jurisdiction.

Prohibition of Class, Representative, and Consolidated Actions
You and Company agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action. Unless both you and Company agree otherwise, the arbitrator may not join more than one party’s claims, and may not adjudicate or determine any form of a representative, class, or consolidated proceeding. The arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party bringing the claim if such relief is warranted by the facts and law. Any relief awarded by the arbitrator will not affect other Company customers.

If for any reason a claim proceeds in court rather than in arbitration both you and Company each waive any right to a jury trial. You and Company also both agree that you or we may bring suit in court to enjoin infringement or other misuses of intellectual property rights.

GOVERNING LAW AND JURISDICTION
Any dispute or claim relating in any way to these Terms of Use or previous versions of these Terms of Use, your use of the Website, or any products or services sold or distributed by the Company or through the Website, shall be governed by and construed in accordance the laws of EU, Romania without regard to the principles of conflicts of law.

Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, any legal suit, action, or proceeding arising out of or related to these Terms of Use or previous versions of these Terms of Use, your use of the Website, or any products or services sold or distributed by Company or through the Website, shall be instituted exclusively in the courts located in Bucharest, Romania. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue in such courts.

SEVERABILITY
If any portion of these Terms of Use is unlawful, void, or unenforceable, the remaining provisions will remain in place.

ENTIRE AGREEMENT

The Terms of Use, Privacy Policy, Return Policy, and all Additional Terms, constitute the entire agreement between you and the Company with respect to the Website and supersede all prior and contemporaneous negotiations, agreements, proposals, and understandings both written and oral, with respect to the Website.

CONTACT US

If you have any questions or comments about these Terms of Use or this Website, please send us an email at contact@colibrigold.com.

Thank you for choosing ColibriGold we want you to have the most pleasant experience with us!