Terms & Conditions
Latest update: January 10, 2024
Terms and Conditions for instead
Acceptance of Terms
These terms of use constitute a legally binding agreement that oversees the utilization of the instead website (the "Website"), delineates the liability limits of instead and related entities, designates the jurisdiction for dispute resolution, and incorporates other significant provisions.
By accessing or using the instead website, you agree to comply with and be bound by the latest version of the following Terms and Conditions. instead reserves the right to update, change, or replace any part of these Terms and Conditions at any time. The changes become effective immediately upon posting. It is the responsibility of the user to refer to the "last updated" date and to periodically check for the latest revision. If you do not concur with these terms of use, refrain from accessing or using the instead website.
User Information
When utilizing the Website, you assert and guarantee that all registration information you submit is true, accurate, current, and complete. Furthermore, you commit to maintaining the accuracy of this information and promptly updating it as necessary. You confirm that you possess the legal capacity and agree to comply with these Terms and Conditions. Additionally, you affirm that you are not a minor in your residing jurisdiction.
Moreover, you pledge not to access the Website through automated or non-human means, such as bots or scripts, and you commit to using the Website solely for lawful and authorized purposes. Your use of the Website is undertaken with the assurance that it will not contravene any applicable law or regulation.
instead is responsible for personal information, and will manage any personal information you provide or we obtain. The information you share will be utilized for purposes such as ensuring timely deliveries to you, conducting credit assessments, and delivering offers and information regarding our catalog. Should you provide information that is found to be untrue, inaccurate, not current, or incomplete, we reserve the right to suspend or terminate your account. In such cases, we may refuse any current or future use of the Website or any portion thereof.
Communication
Your visit to the Website, sending emails, and completing online forms constitute electronic communications. By using the Website, you give consent to receive electronic communications. You acknowledge that all agreements, notices, disclosures, and other communications provided to you electronically, via email and on the Website, fulfill any legal requirement for written communication. You expressly agree to the use of electronic signatures, contracts, orders, and other records, as well as to the electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Website. You waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that mandate an original signature or the delivery or retention of non-electronic records. This includes rights related to payments or the granting of credits, except when conducted through electronic means.
Products and Pricing
We strive to provide accurate and up-to-date product descriptions. However, we do not warrant that product descriptions or other content on the Website are complete, reliable, current, or error-free. Your electronic display may not precisely reflect the actual colors and details of the products. Availability of products is not guaranteed, and we cannot ensure that items will be consistently in stock. Prices for our products are subject to change without notice. We reserve the right to modify or discontinue products without prior notice.
Orders and Payments
All orders are subject to acceptance and availability. We reserve the right to cancel or refuse any order for any reason. You commit to settling all charges at the prevailing prices for your purchases and any associated shipping fees. instead retains ownership of all products until full payment is received. By placing your order, you grant us the authority to debit your selected payment provider for these amounts. We retain the right to rectify any errors or inaccuracies in pricing, even if payment has already been requested or received.
We retain the authority to reject any order made through the Website. In our sole discretion, we may impose limitations or cancel quantities bought per person, household, or order. These restrictions may extend to orders placed under the same customer account, utilizing the same payment method, or sharing identical billing or shipping details. Additionally, we reserve the right to restrict or disallow orders that, in our sole judgment, seem to be initiated by dealers, resellers, or distributors.
For your protection, all transfers processed through instead are executed via third-party dedicated gateways. Card details are not stored, and SSL encryption is employed for secure handling of all card information. Kindly review the terms and conditions of the selected payment gateway, as they are accountable for the transactions conducted.
Privacy Policy
We prioritize data privacy and security. We collect, use, and disclose personal information in accordance with our Privacy Policy. Your use of the Website implies your agreement to be bound by our Privacy Policy, as it is an integral part of these Terms and Conditions.
Intellectual Property
All content on the site is the property of instead and is protected by Canadian and international copyright, trademark and other laws.
The Website is provided for your lawful, personal, non-commercial use exclusively. You are permitted to use the Website only in accordance with its intended purposes, subject to these Terms and Conditions, and in compliance with applicable laws. Any use of the Website for different purposes or in other ways is strictly prohibited.
The copying, reproduction, imitation, republication, translation, uploading, posting, display, transmission, modification, indexing, cataloging, mirroring, or distribution of the Website and its content, whether in whole or in part, for any purpose, is strictly prohibited without the express prior written consent of instead .
You are allowed to print Website pages for personal, non-commercial informational purposes only, on the condition that you do not alter the pages or content, and you do not remove or modify any visible or non-visible identification, marks, notices, or disclaimers. The use of any software or services employed by instead in the operation or provision of the Website is restricted to your use of the Website in accordance with these Terms and Conditions.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL INSTEAD OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE HELD LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES. THESE MAY INCLUDE BUT ARE NOT LIMITED TO LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGARDLESS OF THE FORM OF THE ACTION, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL ALWAYS BE LIMITED TO THE LESSER OF THE AMOUNT PAID BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION ARISING OR $100.
THE DISCLAIMERS OF SPECIFIC WARRANTIES AND CONDITIONS, AS WELL AS THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES, MAY BE RESTRICTED BY LAW IN CERTAIN JURISDICTIONS. THEREFORE, THE DISCLAIMERS, LIABILITY EXCLUSIONS, AND LIMITATIONS MENTIONED ABOVE MAY NOT BE APPLICABLE TO YOU.
Governing Law
These Terms of Conditions, along with all associated matters, are governed by and construed in accordance with the laws of the Province of British Columbia, Canada, and applicable federal laws of Canada. This excludes any rules of private international law or conflict of laws that might apply the laws of another jurisdiction, as well as any law implementing the United Nations Convention on Contracts for the International Sale of Goods.
Contact Information
Questions about the Terms and Conditions should be sent to insteadjewelry@gmail.com.