These terms and conditions apply to the Wonderland Store Web site located at wonderland-store.com and its subsidiaries and affiliates around the world (collectively the “Site”) and other websites that expressly incorporate these Conditions ("Conditions"). In some instances, a particular Wonderland Store product purchased through the Site may be subject to additional policies, guidelines, terms, and/or agreements ("Terms"). In the event that such Terms are inconsistent with these Conditions, the Terms shall govern. BY VISITING AND/OR USING THIS SITE IN ANY WAY, SUCH AS BROWSING PRODUCTS OR PLACING AN ORDER, YOU AGREE TO THESE TERMS AND CONDITIONS. Please read these Conditions carefully. If you do not wish to be bound by these Conditions, do not access or use the Wonderland Store Site.
Wonderland Store may, at its sole discretion, revise or add new terms to these Conditions from time to time without notice to you. Such revisions and additions shall be deemed effective immediately upon notice, which Wonderland Store may give by any means, including, without limitation, by posting the revised Conditions on the Wonderland Store Site. You are responsible for reviewing the Wonderland Store Site for any modifications to these Conditions that may affect your rights or obligations. Any change or modification will be effective immediately upon posting of the revisions on the Site. Any access or use by you of the Wonderland Store Site after changes to these Conditions will constitute your acceptance of the revised terms. If you do not agree to the amended terms, you must stop using the Site.
The Site and all content and other materials, including, without limitation, text, icons, graphics, logos, images, designs, pictures, selection, coordination, "look and feel", information, data, sound files, and other files and software is the proprietary property of Wonderland Store or its affiliates, licensors or users and is protected by Canada and international trade dress, copyright laws, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Copyright in the documents and material on the Wonderland Store Site is owned by or licensed to Wonderland Importation . You are authorized to use this material only for personal, non-commercial purposes. You may download, print, and store copies of this material for your own personal, non-commercial use. Nothing contained on the Wonderland Store Site should be construed as granting, by implication or otherwise, any license or right to use any trademark or service mark displayed on the Wonderland Store Site without the written permission of Wonderland Importation or any third party that may own such trademarks or service marks. Wonderland Importation will aggressively enforce its intellectual property rights to the fullest extent of the law.
Wonderland Store, the Wonderland Store logos, and any other product or service name or slogan contained in our Site are trademarks of Wonderland Store and/or its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Wonderland Store or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "Wonderland Store" or any other name, trademark or product or service name of Wonderland Store without our prior written permission. All other trademarks, registered trademarks, product names and Wonderland Store names or logos mentioned in our Site are the property of their respective owners.
You are granted a personal, limited, non-sublicensable license to access and use the Site and electronically copy, (except where prohibited without a license) and print to hard copy portions of the Site materials for your informational, non-commercial and personal use only. Such license is subject to these Conditions and does not include: (a) any resale or commercial use of our Site or the Site materials therein; (b) the collection and use of any product listings, pictures or descriptions for commercial purposes; (c) the distribution, public performance or public display of any Site materials, (d) modifying or otherwise making any derivative uses of our Site and the Site materials, or any portion thereof; (e) use of any automated means to access, monitor or interact with any portion of our Site, including through data mining, robots, spiders, scraping, or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of our Site, the Site materials or any information contained therein, except as expressly permitted on our Site; (g) cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisement, or anything else which minimizes, covers, or frames or inhibits the full display of our Site; (h) use our web sites in any way which interferes with the normal operation of our sites; or (i) any use of our Site or the Site materials other than for its intended purpose. Any use of our Site or the Site materials other than as specifically authorized herein, without the prior written permission of Wonderland Store, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Conditions shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time.
Wonderland Store is committed to providing current and accurate information on our web sites, email, chat, and telephone communications. We do not, however, warrant that this information is always correct, accurate or complete. In rare circumstances, data, including prices, may be inaccurately displayed on our Site due to system and typographical errors which may occur. Inadvertent errors or inaccurate advertised prices are not binding on Wonderland Store, and may be adjusted by Wonderland Store at any time. Wonderland Store reserves the right to correct any and all errors when they do occur. If an order is placed with a lower product’s listed price than the actual price, Wonderland Store will, at its discretion, either advise the customer before shipping the product or cancel the order and notify the customer of such cancellation. Wonderland Store apologizes for any inconvenience that this may cause.
Information that we communicate is not a binding contract, and should not be treated as such. The sole remedy of a customer acting on incorrect information is to request a cancellation of the order placed as a result of this incorrect information. If an order has been shipped, the customer agrees to either return the product for full credit or pay the difference between the actual and charged prices. Please review our Return Policies.
Brilliant Earth holds a dynamic and high volume inventory. The stock availability on our website is listed "as is" and is subject to change. If a product in an order is out of stock, we will advise the customer immediately with possible options. Products may appear on the Wonderland Store website larger or smaller than their actual size. Given the variation in computer monitor settings, color and size may vary slightly when viewing product photography.
Brilliant Earth's product details and prices are also subject to change without notice. All of our prices are final and non-negotiable.
When you access or use the Wonderland Store website or your personalized Wonderland Store account, you are solely responsible for maintaining the confidentiality of your account and for restricting access to your computer. You are further responsible for all activities that occur under your personal account and your password. If you are under the age of 18 years old, you may use wonderland-store.com only under the guidance and direction of a parent or guardian. Please note that Brilliant Earth reserves the right, in its sole discretion, to refuse service, terminate accounts, remove or edit content or cancel orders.
Brilliant Earth reserves the right to cancel products or services to any customer for any reason at any time. The customer's sole remedy in such cases will be the full refund of any funds that we have collected in reference to the canceled products and/or services.
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, Wonderland Store has the sole discretion to terminate and bar specific website users or Wonderland Store account holders who under appropriate circumstances are determined to be repeat infringers. Wonderland Store further reserves the right to limit access to this website and/or terminate the account of any users whom Wonderland Store reasonably suspects to have infringed any intellectual property rights of others, whether or not there is any repeat infringement.
Wonderland Store may run advertisements and promotions from third parties on our website. These advertisements and promotions are conducted under the direction of the third party and Wonderland Store is not responsible or liable for any loss, damage or liability incurred by you as a result of any dealings with the third party provider or resulting from the presence of these unaffiliated third parties on our website. Any business transactions, correspondence with, participation in the promotions of, advertisers other than Wonderland Store and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party.
THIS SITE, THE CONTENT CONTAINED THEREIN AND THE PRODUCTS PROVIDED IN CONNECTION THEREWITH (THE "PRODUCTS") ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. Wonderland Store MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON IT. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK, BY YOUR OWN FREE WILL, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY CONSEQUENCES ARISING FROM THIS USE. WITHOUT LIMITING THE FOREGOING, BRILLIANT EARTH DISCLAIMS ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT, AND MATERIALS ON THE SITE. Wonderland Store , DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR ITS ELECTRONIC COMMUNICATION ARE ACCURATE, RELIABLE, COMPLETE, CURRENT OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL Wonderland Store , ITS DIRECTORS, MEMBERS, EMPLOYEES, AFFILIATES, OR AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE BRILLIANT EARTH PRODUCTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES OR OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN CONTRACT, TORT, OR OTHERWISE, INCLUDING NEGLIGENCE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RESULTING FROM THE USE OF OUR SITE, THE PRODUCTS, THE SERVICES OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE Wonderland Store SITE, OR THAT RESULTS FROM THE RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM BRILLIANT EARTH, ANY MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAILS, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE OF THE Wonderland Store SITE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO Wonderland Store PROGRAMS OR SERVICES, EVEN IF Wonderland Store IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BRILLIANT EARTH'S LIABILITY BE GREATER THAN THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE BASIS FOR THE CLAIM.
Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. It is your responsibility to check local laws for any restrictions or limitations regarding the exclusions of implied warranties
LINKS TO OTHER SITES AND SERVICES
Links to other Internet sites and services operated by third parties, including Wonderland Store vendors, do not constitute sponsorship, endorsement, or approval by Wonderland Store of the content, policies, or practices of such linked sites or services. Wonderland Store is not responsible for the availability, content, security, policies, or practices of linked sites or services, including, without limitation, the accuracy of content on linked sites or services and the privacy policies and practices of linked sites and services.
Not with standing any of these Conditions, Wonderland Store reserves the right, without notice and in its sole discretion, to terminate your license to use this site, and to block or prevent future your access to and use of the Site.
These Conditions contain the entire understanding of you and Wonderland Store with respect to the subject matter hereof and supersedes all prior agreements and understandings between you and Wonderland Store with respect to the subject matter hereof. The failure of Wonderland Store at any time to enforce any of the provisions of these Conditions will not be deemed or construed to be a waiver of any such provisions, or in any way to affect the right of Wonderland Store to thereafter enforce each and every provision of these Conditions. No waiver by Wonderland Store of any breach of any provision of these Conditions will be construed or deemed to be a waiver of any other subsequent breach. If any provision of these Conditions is declared invalid or otherwise determined to be unenforceable for any reason, such provision will be deemed to be severable from the remaining provisions of these Conditions, which will otherwise remain in full force and effect. Provisions concerning your rights and obligations which by the content of the provision operate after termination or which are necessary to enforce any right will survive any termination or expiration of these Conditions.