Overview

Underwoods Fine Jewelers operates this store and website, including all related information, content, features, tools, products, and services provided to you, the customer (the "Services"). The terms "we," "us," and "our" refer to Underwoods Fine Jewelers. Underwoods Fine Jewelers is powered by Shopify, which enables us to provide the Services to you.

The following terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access our Services.

Section 1 - Access and Account

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, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current, and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all activity associated with your account. You may not transfer, sell, assign, or license your account to any other person.

Section 2 - Our Products

We make every effort to accurately represent our products and services in our online store. However, colors and product appearance may vary from how they appear on your screen due to differences in devices, displays, settings, lighting, and photography.

Because gemstones and other natural materials are unique, individual pieces may also exhibit natural variations in color, pattern, inclusions, and other characteristics. These variations are part of the nature of the materials and may not be fully represented in photographs.

All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of products offered to any person, geographic region, or jurisdiction on a case-by-case basis.

Section 3 - Orders

When you place an order, you are making an offer to purchase. Underwoods Fine Jewelers reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Underwoods Fine Jewelers confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it, as Underwoods Fine Jewelers may be unable to accommodate cancellation requests after an order has been accepted. If we do not accept an order, or if we make a change to or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number provided at the time the order was placed.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

Section 4 - Prices and Billing

Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be reflected in your order confirmation. Unless otherwise expressly stated, posted prices do not include applicable taxes or shipping charges.

We may offer promotions from time to time that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our store. You agree to promptly update your account and other information, including your email address and payment information, so that we can complete your transactions and contact you as needed.

You represent and warrant that: (i) the credit card or other payment information you provide is true, correct, and complete; (ii) you are duly authorized to use the payment method for the purchase; (iii) charges incurred by you will be honored by your payment provider; and (iv) you will pay all charges incurred by you at the posted prices, including applicable shipping charges and taxes.

Section 5 - Shipping and Delivery

All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers or events outside our reasonable control.

All shipments are fully insured while in transit. Insurance coverage remains in effect until the package has been delivered and the required signature has been obtained. Risk of loss transfers to you upon confirmed delivery and signature.

All shipments are sent via FedEx. We currently ship within the United States only and are unable to deliver to P.O. Boxes. An adult signature is required upon delivery for all shipments and cannot be waived.

Additional information regarding shipping, local pickup, and return shipping is available in our Shipping & Delivery Policy.

Section 6 - Intellectual Property

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, audio, and the design, selection, and arrangement thereof, are owned by Underwoods Fine Jewelers, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, trademark, and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent.

Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Underwoods Fine Jewelers, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved by Underwoods Fine Jewelers.

Underwoods Fine Jewelers' names, logos, product and service names, designs, and slogans are trademarks of Underwoods Fine Jewelers or its affiliates or licensors. You must not use such trademarks without the prior written permission of Underwoods Fine Jewelers.

Shopify's name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing through the Services are the trademarks of their respective owners.

Section 7 - Optional Tools

You may be provided with access to tools offered by third parties as part of the Services that we do not monitor and over which we have no control or input.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms under which such tools are provided by the relevant third-party provider.

We may also offer new features through the Services in the future, including new tools and resources. Such features will be deemed part of the Services and will be subject to these Terms of Service.

Section 8 - Third-Party Links

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party functionality. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you choose to access. If you leave the Services to access third-party materials or websites, you do so at your own risk.

We are not liable for any harm or damages related to your access to third-party websites or your purchase or use of products, services, resources, or content available through third-party websites.

Please carefully review the third party's policies and practices and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the applicable third party.

Section 9 - Relationship with Shopify

Underwoods Fine Jewelers is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make through our store are made directly with Underwoods Fine Jewelers.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Underwoods Fine Jewelers, including any injury, damage, or loss resulting from purchased products and services. You expressly release Shopify and its affiliates from claims, damages, and liabilities arising from or related to your purchases and transactions with Underwoods Fine Jewelers.

Section 10 - Privacy Policy

All personal information we collect through the Services is subject to our Privacy Policy. Certain personal information may also be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes certain personal information relating to your access to and use of the Services in order to provide and improve the Services. Information you submit through the Services may be transmitted to and shared with Shopify and other third parties, including parties that may be located outside the country where you reside.

Please review our Privacy Policy for more information about how we, Shopify, and our partners collect, use, and disclose personal information.

Section 11 - Feedback

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use.

We may use our rights under this license to operate, provide, evaluate, enhance, improve, and promote the Services and to perform our obligations and exercise our rights under these Terms of Service.

You represent and warrant that: (i) you own or have all necessary rights to the Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback complies with these Terms.

We are under no obligation to: (1) maintain your Feedback in confidence; (2) pay compensation for your Feedback; or (3) respond to your Feedback.

We may, but have no obligation to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, otherwise objectionable, or in violation of any party's intellectual property rights or these Terms of Service.

You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive, or obscene material or any computer virus or other malware that could affect the operation of the Services or any related website.

You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you provide and its accuracy. We take no responsibility and assume no liability for Feedback posted by you or any third party.

Section 12 - Errors, Inaccuracies and Omissions

Occasionally, information on or within the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability.

We reserve the right to correct errors, inaccuracies, or omissions and to change or update information or cancel orders if any information is inaccurate at any time without prior notice, including after you have submitted your order.

Section 13 - Prohibited Uses

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, state, provincial, or local laws, regulations, rules, or ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, or intimidate any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or reuse any material that does not comply with these Terms; (g) to transmit or procure the sending of advertising or promotional material, including "junk mail," "chain letters," "spam," or similar solicitations; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any conduct that restricts or inhibits another person's use or enjoyment of the Services or that, as determined by us, may harm Underwoods Fine Jewelers, Shopify, or users of the Services or expose them to liability.

In addition, you agree not to: (a) upload or transmit viruses or other malicious code that could affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the Services; (e) use robots, spiders, scraping tools, data-gathering or extraction tools, automated devices or processes, AI tools, or other automated or manual means to access the Services except as expressly permitted under Section 14; or (f) interfere with, bypass, or circumvent security or authorization features, robot exclusion headers, or other measures we employ to restrict access to the Services.

We reserve the right to suspend, disable, or terminate your account or access to the Services without notice if we determine that you have violated any part of these Terms.

Section 14 - Agents

14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any of the Services.

"Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using a person's device without direct supervision.

14.2 No Agent may access, use, or interact with the Services unless it identifies itself and operates in strict accordance with the requirements in Section 14.4 below. In addition, no Agent may access, use, or interact with the Services if we have requested that the Agent refrain from accessing, using, or interacting with any Service.

14.3 We may limit, including through technical measures, whether and how any Agent accesses, uses, or interacts with the Services.

14.4 Agents must: (i) identify all HTTP/HTTPS requests as originating from an Agent and disclose the name of the Agent by including the following in the request's user agent string: "Agent/[agent name]"; (ii) not conceal or obscure that access, use, or interactions originate from an Agent, including by mimicking human behavior or interaction patterns or completing or circumventing CAPTCHAs or other measures intended to distinguish computer use from human use; (iii) respond truthfully to questions or prompts seeking to determine whether interactions originate from a human or a computer; and (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether or how Agents access, use, or interact with the Services.

Section 15 - Termination

We may terminate this agreement or your access to the Services, or any part thereof, in our sole discretion at any time without notice. You will remain liable for all amounts due up to and including the date of termination.

The following sections will continue to apply following termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

Section 16 - Disclaimer of Warranties

The information presented on or through the Services is made available solely for general informational purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is at your own risk.

We disclaim liability and responsibility arising from reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of their contents.

EXCEPT AS EXPRESSLY STATED BY UNDERWOODS FINE JEWELERS, THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO SOME OR ALL OF THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

Section 17 - Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO CASE SHALL UNDERWOODS FINE JEWELERS, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PROCURED USING THE SERVICES.

THIS LIMITATION INCLUDES CLAIMS RELATED TO ERRORS OR OMISSIONS IN CONTENT OR LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT OR PRODUCT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Section 18 - Indemnification

You agree to indemnify, defend, and hold harmless Underwoods Fine Jewelers, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from losses, damages, liabilities, or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of: (1) your breach of these Terms of Service or documents incorporated by reference; (2) your violation of any law or the rights of a third party; or (3) your access to and use of the Services.

We will notify you of any indemnifiable claim, provided that failure to promptly notify you will not relieve you of your obligations unless you are materially prejudiced.

We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent, which will not be unreasonably withheld. You will cooperate in the defense of indemnified claims, including by providing relevant documents.

Section 19 - Severability

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision will nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms of Service.

Such determination will not affect the validity and enforceability of any remaining provisions.

Section 20 - Waiver; Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of that right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or relating to the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us, including prior versions of these Terms of Service.

Any ambiguities in the interpretation of these Terms of Service will not be construed against the drafting party.

Section 21 - Assignment

You may not delegate, transfer, or assign this agreement or any of your rights or obligations under these Terms without our prior written consent. Any attempted assignment without such consent will be null and void.

We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or prior notice.

Section 22 - Governing Law

These Terms of Service and any separate agreements through which we provide the Services will be governed by and construed in accordance with the laws of the State of Arkansas, without regard to conflict-of-law principles.

You and Underwoods Fine Jewelers consent to the venue and personal jurisdiction of the applicable state and federal courts located in Arkansas.

Section 23 - Headings

The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

Section 24 - Changes to Terms of Service

You can review the most current version of these Terms of Service at any time on this page.

We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website.

We will notify you of material changes to these Terms as required by applicable law, and such changes will become effective on the date specified in the notice.

Your continued use of or access to the Services following the effective date of any changes constitutes acceptance of those changes.

Section 25 - Contact Information

Questions about these Terms of Service should be sent to:

Underwoods Fine Jewelers
info@underwoods.com
611 West Dickson Street
Fayetteville, AR 72701
479-521-2000