Terms and Conditions

Last revision: JANUARY 5, 2024

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

The following Terms and Conditions govern and apply to your use of or reliance upon this website maintained by Opanache Empowerment Corp. (the “Website”).

Your access or use of the Website indicates that you have read, understand and agree to be bound by these Terms and Conditions and any other applicable laws, statues and/or regulations.  We may change these Terms and Conditions at any time without notice, effective upon its posting to the Website.  Your continued use of the Website will be considered your acceptance to the revised Terms and Conditions.

INTELLECTUAL PROPERTY

All intellectual property on the Website (except for User Generated Content, as defined below and merchandise purchased through a 3rd party) is owned by us or our licensors, which included materials protected by copyright, trademark, or patent laws.  All trademarks, service marks and trade names are owned, registered and/or licensed by us.  All content on the Website (except for User Generated Content, as defined below) , including, but not limited to text, software, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content is a collective work under United States and other copyright laws and is the proprietary property of the Company; All rights reserved.

USE OF COMPANY MATERIALS

We may provide you with certain information as a result of your use of the Website including, but not limited to, documentation, data, or information developed by us, and other materials which may assist in the use of the Website or Services (“Company Materials”).  The Company Materials may not be used for any other purpose than the use of this Website and the services offered on the Website.  Nothing in these Terms of Use may be interpreted as granting any license of intellectual property right to you.

USER GENERATED CONTENT

“User Generated Content” is communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other Website users post or otherwise make available on or through the Website, except to the extent the content is owned by us.

ACCOUNT AND ACCOUNT USE

If your use of the Website requires an account identifying you as a user of the Website (an “Account”):

  1. You are solely responsible for your Account and the maintenance, confidentiality and security of your Account and all passwords related to your Account, and any and all activities that occur under your Account, including all activities of any persons who gain access to your Account with or without your permission;
  2. You agree to immediately notify us of any unauthorized use of your Account, and service provided through your Account or any password related to your Account, or any other breach of security with respect to your Account or any service provided though it, and you agree to provide assistance to use, as requested, to stop or remedy any breach of security related to your Account, and
  3. You agree to provide true, current, accurate and complete customer information as requested by us from time to time and agree to promptly notify us of any changes to this information as required to keep such information held by us current, complete and accurate.

PAYMENT

When you make a purchase on the Website, you agree to provide a valid instrument to make a payment.  Pay attention to the details of the transaction, as your total price may include taxes, fees and shipping costs, all of which you are responsible for.

When you provide a payment instrument to us, you confirm that you are permitted to use that payment instrument.  When you make a payment, you authorize us (and our designated payment processor) to charge the full amount to the payment instrument you designate for the transaction.  You also authorize us to collect and store that funding instrument, along with other related transaction information.

If you pay by credit or debit card, we may obtain a pre-approval from the issue of the card for an amount as high as the full price.  If you cancel a transaction before completion, this pre-approval may result in those funds not otherwise being immediately available to you.

We may cancel any transaction if we believe the transaction violates these Terms, or if we believe doing so may prevent financial loss.

In order to prevent financial loss to you or to us, we may contact your funding instrument issuer, law enforcement, or affected third parties (including other users) and share details of any payments you are associated with, if we believe doing so may prevent financial loss or a violation of law.

SALE OF GOODS AND SERVICES

We may sell goods or services or allow third parties to sell goods or services on the Website.  We undertake to be as accurate as possible with all information regarding the goods and services, including product descriptions and images.  However, we do not guarantee the accuracy or reliability of any product information and you acknowledge and agree that you purchase such products at your own risk. 

SHIPPING, DELIVERY AND RETURN POLICY

You agree to ensure payment for any items you may purchase from us and you acknowledge and affirm that prices are subject to change.  When purchasing a physical good, you agree to provide us with a valid email and shipping address, as well as valid billing information.  We reserve the right to reject or cancel an order for any reason, including errors or omissions in the information you prove to us.  If we do so after payment has been processed, We will issue a refund to you in the amount of the purchase price.  We also may request additional information from you prior to confirming a sale and we reserve the right to place any additional restrictions on the sale of any of our products.  For the sale of physical products, we may preauthorize your credit or debit card at the time you place the order or we may simply charge your card upon shipment.  You agree to monitor your method of payment.  Shipment costs and dates are subject to change from the costs and dates you are quoted due to unforeseen circumstances.  We are not liable for any additional taxes, fees or charges that occur when shipping internationally.  We are not liable for any purchases that are lost or delayed due to 3rd party shipping/mailing services.

For any questions, concerns, or disputes, you agree to contact us in a timely manner at the following:

support@opanache.comSupport@opanache.com

If you are unhappy with anything you have purchased on our Website, you may do the following:

Email us at email address above to inform us of the reasons why you wish to return your purchase(s).  Customers are able to return their purchase(s) within 30 days from when it was received or sold to them and receive a full refund of the purchase.  This is not including any shipping charges and/or fees.

ACCEPTABLE USE

You agree not to use the Website for any unlawful purpose, or any purpose prohibited under their clause.  You agree not to use the Website in any way that could damage the Website, the services or the general business of O Panache Empowerment Corp.

You further agree not to use and/or access the Website:

  1. To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
  2. To violate any intellectual property rights of us or any third party;
  3. To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
  4. To perpetrate any fraud;
  5. To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
  6. To publish or distribute any obscene or defamatory material;
  7. To publish or distribute any material that incites violence, hate or discrimination towards any group;
  8. To unlawfully gather information about others.

PROTECTION OF PRIVACY

Through your use of the Website, you may provide us with certain information.  By using the Website, you authorize us to use your information in United States and any other country where We may operate.

When you register for an account, you provide us with a valid email address and may provide us with additional information, such as your name and/or billing information.  Depending on how you use our Website, we may also receive information from external applications you use to access our Website, or we may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.

We use the information gathered from you to ensure your continued good experience on our website, including through email communication and promotional emails.  We may also track certain of the passive information received to improve our marketing and analytics, and for this, we may work with third-party providers.

If you would like to disable our access to any passive information we receive from the use of various technologies, you may choose to disable cookies in your web browser.  Please be aware that we will still receive information about you that you have provided, such as your email address.

If you choose to terminate your account, we will store information about you for the following period of time: 6 months.  After that time, all information about you will be deleted.

We will not share your information with anyone.

REVERSE ENGINEERING & SECURITY

You may not undertake any of the following actions:

  1. Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website;
  2. Violate the security of the Website through any unauthorized access, circumvention or encryption or other security tools, data mining or interference to any host, user or network.

DATA LOSS

We are not responsible for the security of your Account or Content.  Your use of the Website is at your own risk.

INDEMNIFICATION

You defend and indemnify O Panache Empowerment Corp. and any of its affiliates and hold us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to your use or misuse of the Website, your breach of these Terms and Conditions, or your conduct or actions. We will select our own legal counsel and may participate in our own defense, if we wish to do so.

SERVICE INTERRUPTIONS

We may need to interrupt your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis.  You agree that your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that we will have no liability for any damage or loss caused as a result of such downtime.

TERMINATION OF ACCOUNT

We may, in our sole discretion, suspend, restrict or terminate your Account and your use of the Website, effective at any time, without notice to you, for any reason, including because the operation or efficiency of the Website or any third party’s equipment or network is impaired by your use of the Website, any amount is past due from you to us, we have received a third party complaint which relates to your use or misuse of the Website, or you have been or are in breach of any term or condition of these Terms and Conditions.  We will have no responsibility to notify any third party, including and third party providers of services, merchandise or information, of any suspension, restriction or termination of your access to the Website.

NO WARRANTIES

Your use of the Website is at your sole and exclusive risk and any products and services provided by us are on an “as is” basis.  We disclaim any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability.  We make no warranties that the Website will meet your needs or that the Website will be uninterrupted, error-free, or secure.  We also make no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services.  Any damage that my occur to you, through your computer system, or as a result of loss of your data from your use of the Website is your sole responsibility and we are not liable for such damage or loss.

PRIVACY

In addition to these Terms and Condition, this Website has a Privacy Policy that describes how your personal data is collected and how cookies are used on the Website.  For more information, you may refer to our Privacy Policy which you may find at the following address:

https://sundayjewelryco.com/privacypolicy

By using or browsing this Website, you also acknowledge that you have read our Privacy Policy.

LIMITATION ON LIABILITY

IN NO EVENT WILL WE OR OWNERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST MERCHANDISE, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, We are not liable for any damages that may occur to you as a result of your use of the Website, to the fullest extent permitted by law.  The maximum liability of O Panache Empowerment Corp. arising from your use of the Website is limited to the greater of one hundred ($100) Canadian Dollars or the amount you paid to Sunday Jewelry Co. in the last six (6) months.  This applies to any and all claims by you including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind. 

SPECIAL ORDERS

A deposit must be paid for a special order (for example, where a specific size or metal type for goods has been requested by the customer, or the goods have been resized, designed or engraved at the customer’s request). O Panache Empowerment Corp May will only order the item/s when at least 50% of the agreed purchase price has been received by the store. Title to and property in the goods will not pass to the customer until the purchase price has been paid in full.