Terms of Use

TERMS & CONDITIONS

The website known as "www.splashjewels.com" is operated by Splash Jewelry & Accessories. Throughout the site, the terms “we”, “us”, “our”, "Splash" and/ or "Splash Jewels" refer to Splash Jewelry & Accessories. Splash Jewelry & Accessories offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms & conditions (“Terms & Conditions”, “Terms and Conditions”, “Terms of Service”, “Terms”, “Terms of Use”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms & Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

IF YOU DO NOT AGREE WITH THESE TERMS OF USE, OR ANY POSTED GUIDELINES OR RULES, PLEASE DO NOT USE THIS SITE. We reserve the right, in our discretion, to update or modify the Terms of Use at any time by posting such new terms on the Site. Such changes shall be effective immediately upon posting with the date of the most recent revisions appearing on this web page. We encourage you to review these Terms of Use whenever you use the Site. Your continued use of the Site and/or Services will constitute your binding acceptance of this Agreement, as amended from time to time. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).You must not transmit any worms or viruses or any code of a destructive nature.A breach or violation of any of the Terms will result in an immediate termination of your Services.

GENERAL CONDITIONS:

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 PLACING AN ORDER:

When you add an item to your shopping bag, you may either continue shopping or proceed to the checkout. If you are not logged in when proceeding to the checkout, we highly recommend to do so. Checkout involves 4 simple steps: Billing, Shipping, Payment and Order Confirmation. Once we have received your order, you will receive an email acknowledging the details of your order. This email is not an order confirmation but rather recognition that we have received your requested order. Please note that this does not guarantee the availability of the merchandise and that ALL ORDERS ARE SUBJECT TO AVAILABILITY. Although we make every effort to feature in stock pieces on our website, occasionally we may sell out of featured items. If we are unable to complete your order, you will be notified via email within 7 business days and will not be charged for orders that cannot be fulfilled. WE ARE NOT ABLE TO MODIFY OR CANCEL YOUR ORDER, once an order has been placed.

We reserve the right to decline your order in the event that we are unable to obtain authorization for payment, there are shipping restrictions for a particular item, or we do not have the item in stock. Items in your shopping bag are not reserved and may be purchased by other clients. You may choose to register your email address to the waiting list for notification of arrival of a selected piece. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

PAYMENT: 

We currently accept payment via Visa, MasterCard, American Express, Discover, Afterpay, Apple Pay, Google Pay, and PayPal. Payment will be debited and cleared from your account upon order confirmation. In filling out the payment requirements, you confirm that you are an authorized user of the credit/debit card. All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of the credit/debit card rejects authorization of payment from Splash Jewelry & Accessories, we will not be held liable for any delay or non-delivery.

SHOP PAY INSTALLMENTS:

Rates from 0% APR or 10-36% APR. Payment options through Shop Pay Installments are subject to an eligibility check and are provided by these lending partners: affirm.com/lenders. Options depend on your purchase amount, and a down payment may be required. State notices to consumers affirm.com/licenses.

 SALES TAX: 

Splashjewels.com does not charge sales tax for orders delivered in the United States with the exception of deliveries in the state of Florida, in which applicable sales tax will be added to the order amount.

RETURN AND EXCHANGE POLICY: 

For purchases made online, you may return eligible* item(s) within 14 days of delivery date for an exchange, store credit or a refund** of the purchase price.  Store credits are issued in the form of a gift card code and do not expire.  We are unable to refund original shipping fees and/or duties on any order. Customers are responsible for the cost of shipping the item back to us.

For purchases made in-person at our retail locations, trunk shows or popups, you may return eligible* item(s) within 7 days from date of purchase for an exchange or store credit of the purchase price.  Store credits are issued in the form of a gift card code and do not expire.  We cannot issue a refund.    

*Eligible item(s) are full priced items.  Purchases made during site-wide/in-store sale, with a discount code or at a discounted rate over 20% are final sale and not eligible for return or exchange. Last Chance/Sale items, gift cards, custom & special orders are final sale. 

**Refunds are subject to a 10% restocking fee which will be deducted at processing.

Once your return is received, our quality control team will inspect all items for signs of wear or damage.  If the item is returned in-store, a sales associate may deem an inspection by quality control is needed.  Splash Island Life items such as candles, oils, hats, t shirts & towels must be new, unused, unworn, and unaltered with tags attached or safety seal unopened. We are not responsible for washed items. If our quality control team deems that your item(s) has been worn, misused, or altered, we cannot accept the return/exchange.  We will notify you of the approval or rejection of your refund. Once accepted, your refund will be processed and a credit will be applied to your credit card or original method of payment, within 5-10 business days. Should your refund be declined, you will be notified via email. 

For more information please visit our Returns & Exchanges Policy

SHIPPING: 

Shipping rates begin at approximately $7, based on location and order size. Shipping is automatically calculated when an address has been entered.  These rates increase often, however, we offer the exact rates that are offered to us, no upcharge.  For most orders, choose between USPS Priority Mail or UPS Ground.  You will also have the option of 2-day or Next Day via UPS.  Orders shipping to Puerto Rico, Alaska, Hawaii, US Territories, or a PO Box will automatically ship via USPS. 

Splash offers FREE SHIPPING on all domestic orders via USPS.  We offer the option to upgrade to UPS Ground for a small fee.  

Orders are processed Monday - Friday, within 2 business days of receipt.  Most orders are processed same day.  During our busiest times, this may take an additional day or two.  Please note that special orders, custom orders, pre-orders and out of stock items will have a longer processing time.  All Charm Bar orders are considered custom orders.  All orders are shipped from Miami, FL.  You will receive a shipping confirmation with a tracking number once your order has shipped.  Please check your junk mail, as they could end up in there sometimes. 

 

DELIVERY ISSUES:

Carriers sporadically experience delays, more so during the holiday season.  Please check with your local post office/UPS if your tracking history has not been updated in 2 days.  It is our experience that some shipments may encounter a 7-10 day delay in delivery.  Please note, Splash Jewelry & Accessories is not responsible for inquiries to USPS, UPS or other mail carriers.

We have access to same shipping and tracking information as our customers do.  If your order shows delivered but you have not received your package, we strongly recommend contacting the carrier as quickly as possible. 

Splash Jewelry & Accessories is not responsible for packages that show delivered correctly by the carrier which have gone missing.  We recommend contacting the carrier and requesting the GPS location where the package was scanned at the point of delivery.  Your carrier will have details not readily available to the public as to the precise location of delivery for the package.  Unfortunately, sometimes packages are stolen from the mailbox/front door.  Please note that Splash Jewelry & Accessories does their best to minimize these issues by shipping in a solid white mailer, with a shipping label simply reading “Splash”.  We take every precaution so that everyone handling your package is not aware of its contents.  Splash Jewelry & Accessories is not responsible for lost, stolen, damaged, misplaced, or misdelivered packages by the carrier.  Please contact the carrier if you experience any of these unfortunate issues.

For more information please visit our Shipping & In-Store Pick Up

PERSONAL INFORMATION:

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

 OWNERSHIP OF CONTENT: 

All content, design, images, information, text, names, likenesses, pictures, graphics, formats, code and software, technical drawings, configurations, graphics, photographs, audio and video files, scripts, links, interactive features and other material and files (collectively, “Content”) used on or incorporated into this Site, and the selection, arrangement and/or integration of all such Content are either registered trademarks, trademarks, trade names, service marks, copyrights or otherwise protected property of Splash Jewels, or used under license or otherwise, and all rights thereto are specifically reserved. Except as otherwise expressly provided herein, Content on this Site may not be used, copied, published, broadcasted, distributed, reproduced or transmitted without our prior written consent.

You agree to comply with, and keep intact, any copyright notices, trademark notices, information, or restrictions contained in or on any Content available on, incorporated into or accessed through this Site. You may not copy, use, download, modify, frame, publish, transmit, retransmit, transfer or sell, license, reproduce, create derivative works from, distribute, perform, display, disseminate, broadcast, cache, rearrange, redistribute, alter, adapt, crop, re-size, reverse engineer, move, remove, delete or in any way exploit or make commercial use of, any material obtained through this Site, including without limitation Content, in whole or in part, directly or indirectly, without the prior written consent from Splash Jewels, except as expressly permitted in this Agreement, on the Site, by Splash Jewels (and all other entities with an interest in the relevant intellectual property) in writing in each instance or under applicable law.

 PROHIBITED USE:

You agree not to use the Site for sale, trade or other commercial purposes, and, you may not modify, copy, publish, display, transmit, adapt or in any way exploit the Content on this Site. You agree not to use this Site to provide information which is incomplete, false, inaccurate and not your own; engage in criminal activity or otherwise give rise to conduct that may violate the law or fail to comply with accepted internet protocol; attempt to interfere in any way with this Site or this Site’s security or to sue this Site’s service to gain unauthorized access to any other computer system.

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, harm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 THIRD PARTY WEBSITES:

This Site may contain links to websites and resources on the Internet that are unrelated to us and which are owned and operated by third parties (“Third-Party Sites”). Splash Jewels does not make any representations or warranties about any Third-Party Sites you may access through this Site. These links are provided solely as a convenience to you and do not constitute an endorsement by or imply that Splash Jewels sponsors, is affiliated or associated with or otherwise recommends, certifies or endorses any Third-Party Sites. We are not responsible for the contents of or any products or services offered on any Third-Party Sites. You must make your own independent decisions regarding your interactions or communications with any other website. Material available on or through Third-Party Websites may be protected by copyright and the intellectual property laws of the United States and/or other countries. The terms of such third-party sites, and not the terms and conditions of this Agreement, govern your use of that material.

 SECURITY:

From time to time, we may use techniques designed to identify fraudulent activities. You agree to cooperate with such efforts, as we may, in our sole discretion, deem necessary to identify attempted fraud. You further agree that if, for any reason, you or others acting on your behalf are suspected of fraud or other breach of these Terms, we may, in our sole discretion, declare you to be in breach of the Terms, suspend or terminate your use of the Site, and/or seek prosecution to the fullest extent of the law. 

 DISCLAIMER AND LIMITATION OF LIABILITY:

Splash Jewelry & Accessories attempts to provide accurate and timely information. There may, however, be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site without notice.  Your use and browsing of, and any reliance by you upon this Site is at your own risk and you assume responsibility associated with the Site, provided “AS IS”. 

Splash Jewelry & Accessories disclaims all warranties, conditions, representations and endorsements of any kind, either expressed or implied, with regard to the information accessed including all content and material, functions and services provided on the Site, provided without warranty of any kind, including the warranties concerning availability, accuracy, completeness, usefulness of content and information, uninterrupted access, and any warranty of title, non-infringement, merchantability or fitness for a particular purpose. 

Splash Jewelry & Accessories does not warrant that the Site, content, materials or services will be timely, secure, uninterrupted or error free, or that defects will be corrected. If you are dissatisfied with the Site, your sole remedy is to discontinue using the Site. Any material downloaded or otherwise obtained through the use of this Site is done at your own discretion and risk, and you are solely responsible for any damage that may result.

In no event shall Splash Jewelry & Accessories, it’s affiliates or any other respective directors, officers, employees, agents, or content or service providers be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or cause of action arising from or in any way related to the use of, or the inability to use, or the performance of the Site or the Content and materials or functionality on or accessed through the Site including, loss of revenue, or anticipated profits or lost business, data or sales or any other type of damage, tangible or intangible in nature. Some jurisdictions do not allow this limitation or exclusion so this may not apply to you.

 INDEMNIFICATION/RELEASE:

You hereby agree to indemnify, defend and hold harmless, Splash Jewelry & Accessories, it’s affiliates, subsidiaries, and it’s and their respective officers, directors, employees and agents, from and against any and all claims actions or demands, liabilities, losses, expenses, damages and costs, including without limitation reasonable legal and accounting fees, in any way arising from, related to or in connection with your use of the Site, your violation of the Terms or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third-party claim that any information or materials you provide infringes any third party proprietary right.

 GENERAL PROVISIONS:

Governing Law And Limitation Of Actions. The terms of this Agreement shall be governed by and construed in accordance with the laws of the State of Florida without regard to its conflicts of law rules, and you and we irrevocably consent, in connection with any action to enforce this Agreement or arising out of your use of the Site, to the jurisdiction of the federal and state courts located in Miami-Dade County, Florida. No action arising out of this Agreement, regardless of form, may be brought by a user more than one (1) year after the cause of action has arisen.

 MISCELLANEOUS:

These Terms of Use and Splash Jewelry & Accessories Privacy Policy set forth the entire agreement between the parties relating to the use of the Site. If any provision of this Agreement is held to be unlawful, void or for any reason unenforceable, then such provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. You agree that this Agreement and all incorporated agreements may be automatically assigned by Splash Jewelry & Accessories, in its sole discretion, to a third party in the event of a merger or acquisition.

Privacy Policy

YOUR INFORMATION:

When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.
When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
Email and sms marketing (if applicable): With your permission, we may send you emails and texts about our store, new products and other updates.

CONSENT:

How do you get my consent?
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.

How do I withdraw my consent?
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at info@shopsplashjewels.com or mailing us at:
Splash Jewels
3109 Grand Ave. #344
Coconut Grove, Fl. 33133

DISCLOSURE:

We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.

SHOPIFY:

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.

Payment:
If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
For more insight, you may also want to read Shopify’s Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement (https://www.shopify.com/legal/privacy).

Shop Pay Installments:

Rates from 0% APR or 10-36% APR. Payment options through Shop Pay Installments are subject to an eligibility check and are provided by these lending partners: affirm.com/lenders. Options depend on your purchase amount, and a down payment may be required. State notices to consumers affirm.com/licenses.

THIRD-PARTY SERVICES:

In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.

Links
When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

SECURITY:

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

COOKIES:

Here is a list of cookies that we use. We’ve listed them here so you that you can choose if you want to opt-out of cookies or not.
_session_id, unique token, sessional, Allows Shopify to store information about your session (referrer, landing page, etc).
_shopify_visit, no data held, Persistent for 30 minutes from the last visit, Used by our website provider’s internal stats tracker to record the number of visits
_shopify_uniq, no data held, expires midnight (relative to the visitor) of the next day, Counts the number of visits to a store by a single customer.
cart, unique token, persistent for 2 weeks, Stores information about the contents of your cart.
_secure_session_id, unique token, sessional
storefront_digest, unique token, indefinite If the shop has a password, this is used to determine if the current visitor has access.

AGE OF CONSENT:

By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

CHANGES TO THIS PRIVACY POLICY:

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.
If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.

QUESTIONS AND CONTACT INFORMATION:

If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at hello@shopsplashjewels.com or by mail at
Splash Jewels
[Re: Privacy Compliance Officer]
3109 Grand Ave. #344
Coconut Grove, Fl. 33133

Questions about the Terms & Conditions should be sent to us at hello@splashjewels.com

or by mail/ phone at:

Splash

3109 Grand Ave. #344

Coconut Grove, Fl. 33133

(786) 503-1828

Last updated: May 14th, 2024