Terms of service
Terms of Service
IMPORTANT — PLEASE READ THESE TERMS OF USE AND CONDITIONS OF SALE ("TERMS" OR "AGREEMENT") CAREFULLY BEFORE ACCESSING, USING, OR PLACING AN ORDER THROUGH OUR WEBSITE. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY (SEE SECTIONS 13 AND 14) AND FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE RETAIN A COPY FOR YOUR RECORDS.
Your use of our website, including any sub-domains, affiliated websites, and mobile applications (collectively, the "Website"), owned and maintained by BKH Enterprises LLC ("we," "our," "us"), is governed by the policies, terms, and conditions set forth below. By accessing, using, or placing an order through the Website, you agree to be bound by these Terms. If you do not agree in their entirety, you are not authorized to use the Website.
THIS AGREEMENT CONTAINS MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO A COURT OR JURY TRIAL AND YOUR ABILITY TO PARTICIPATE IN A CLASS ACTION. PLEASE REVIEW SECTION 15 CAREFULLY FOR YOUR RIGHT TO OPT OUT.
We reserve the right to update these Terms at any time by posting changes to our Website. Your continued use of the Website following any changes constitutes your acceptance of those changes.
TABLE OF CONTENTS
- Website Use
- Privacy & Security Disclosure
- General Conditions & User Conduct
- Products Sold for Personal Use Only
- Accuracy, Completeness & Timeliness of Information
- Modifications to the Website and Prices
- Payment
- Order Placement and Acceptance
- Shipping
- Delivery Confirmation
- Return and Refund Policy
- Social Media
- Disclaimer of Warranties
- Disclaimer of Liabilities
- Dispute Resolution by Mandatory Binding Arbitration and Class Action Waiver
- Indemnification
- Third-Party Websites and Links
- Testimonials, Reviews, and Other Submissions
- Digital Millennium Copyright Act Notice
- Electronic Communications
- Assignment
- No Waiver
- Severability
- Termination
- Entire Agreement
- Questions or Additional Information
1. WEBSITE USE
By using the Website and agreeing to these Terms, you confirm that you are at least the age of majority in your state or province of residence, that you have the legal capacity to enter into a binding contract, and that you have read, understood, and agreed to these Terms.
2. PRIVACY & SECURITY DISCLOSURE
Our Privacy Policy is incorporated into these Terms by reference and constitutes a part of this Agreement. By using the Website, you also agree to the terms of our Privacy Policy.
3. GENERAL CONDITIONS & USER CONDUCT
All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws. Accessing or using the Website does not grant you any ownership rights over its content or materials.
You agree not to use the Website for any unlawful purpose, including but not limited to: hacking or digital attacks; publishing abusive, vulgar, or defamatory material; infringing on intellectual property rights; harassing or discriminating against others; submitting false or misleading information; uploading malicious code; or interfering with the Website's security features.
We reserve the right to terminate your access at any time if you violate these Terms, provide false information, or engage in conduct harmful to our interests or those of others.
4. PRODUCTS SOLD FOR PERSONAL USE ONLY
All products purchased through the Website are for personal, non-commercial use only. You agree not to resell, redistribute, modify, or export any product purchased through the Website. We reserve the right to limit or cancel orders that appear to be placed for commercial resale purposes.
5. ACCURACY, COMPLETENESS & TIMELINESS OF INFORMATION
While we strive to provide accurate and current information, our Website may occasionally contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, or availability. We reserve the right to correct such errors and update or cancel orders accordingly, without prior notice.
We make every effort to display product colors and images accurately, but we cannot guarantee that your device's display will fully reflect the actual product.
6. MODIFICATIONS TO THE WEBSITE AND PRICES
We reserve the right to modify, suspend, or discontinue any part of the Website at any time without notice. Product descriptions and pricing are subject to change at any time at our sole discretion. Any product or service offer is void where prohibited by law.
7. PAYMENT
All charges are in U.S. Dollars. By submitting payment information, you confirm that you are fully authorized to use the payment method provided, that all information is accurate and complete, and that sufficient funds are available.
We are not responsible for any fees or charges applied by your bank or credit card issuer. If a charge is reversed by your financial institution, we reserve the right to seek payment through alternative means.
8. ORDER PLACEMENT AND ACCEPTANCE
An order confirmation does not constitute acceptance of your order. We reserve the right to accept or decline any order for any reason. If your order is declined, a full refund will be issued to your original payment method.
By placing an order, you confirm that you have all necessary rights and permissions for any content submitted, including any images uploaded for custom products. You grant us the right to use, copy, modify, and distribute uploaded content solely for the purpose of fulfilling your order and marketing our products to you.
We are not responsible for orders that cannot be fulfilled due to intellectual property infringement or unauthorized use of third-party content. It is your sole responsibility to ensure that any content you submit is legally available for use.
9. SHIPPING
We ship to addresses worldwide. Please refer to our Shipping Policy for details on order processing, handling times, and delivery methods. Accurate shipping address information is required — we are not responsible for delays or lost shipments resulting from incorrect address details.
If you need to modify or cancel your order after submission, please contact us as soon as possible at hoperingsjewelry@gmail.com. We will do our best to accommodate your request, but cannot guarantee changes once an order is being processed. If your order has already shipped, please allow delivery and leave the package unopened before initiating a return.
10. DELIVERY CONFIRMATION
You agree that carrier-provided delivery confirmation constitutes sufficient proof of delivery, even in the absence of a signature.
11. RETURN AND REFUND POLICY
We want you to be completely satisfied with your purchase. Custom items may be returned within 30 days and non-custom items within 90 days of receipt. All sales are final after the applicable return window, unless you qualify for a warranty claim, in which case a replacement may be provided within one year of receiving your order.
Please note that original shipping fees, return shipping fees, and shipping protection costs are non-refundable. After we receive your return, please allow up to 7 business days for your refund to be processed. If more than 15 business days have passed since your return was approved and you have not received your refund, please contact us at hoperingsjewelry@gmail.com.
12. SOCIAL MEDIA
Our social media presence across various platforms is subject to the respective terms and privacy policies of those platforms, which are not controlled by us. Comments and opinions expressed by users on social media are their own and do not reflect our views. If you encounter offensive or inappropriate content on our social media pages, please report it directly to the platform.
13. DISCLAIMER OF WARRANTIES
EXCEPT WHERE PROHIBITED BY LAW, THIS WEBSITE AND ALL PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, ACCURACY, AVAILABILITY, OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE.
14. DISCLAIMER OF LIABILITIES
EXCEPT WHERE PROHIBITED BY LAW, BKH ENTERPRISES LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES ARISING FROM OR RELATED TO THESE TERMS, OUR PRODUCTS, OR YOUR USE OF THE WEBSITE, REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT BKH ENTERPRISES LLC IS FOUND LIABLE UNDER ANY THEORY, OUR TOTAL LIABILITY SHALL NOT EXCEED USD $500.00.
15. DISPUTE RESOLUTION — MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS.
Any dispute or claim arising from or relating to these Terms, our products or services, or your relationship with us shall be resolved through binding, confidential arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, governed by the Federal Arbitration Act. The arbitrator shall apply California substantive law and shall have sole authority to determine arbitrability.
The arbitrator may not hear class or representative claims. If any portion of this arbitration agreement is found unenforceable as to a particular claim, that claim must be brought in court; all other claims remain subject to arbitration.
We retain the right to seek injunctive or equitable relief in state or federal courts of California for matters involving intellectual property rights.
Opt-Out: You may opt out of arbitration within 30 days of your first use of or purchase through the Website by sending a written notice to our legal department via email at hoperingsjewelry@gmail.com, including your name, the date of your first access or purchase, and a clear statement of your intent to opt out.
16. INDEMNIFICATION
To the fullest extent permitted by law, you agree to indemnify and hold harmless BKH Enterprises LLC and its affiliates, officers, directors, agents, and employees from any claims, liabilities, damages, and costs (including reasonable attorneys' fees) arising from your breach of these Terms, your misrepresentations, or your violation of any applicable law or third-party rights.
17. THIRD-PARTY WEBSITES AND LINKS
Our Website may contain links to third-party websites. We are not responsible for the content, policies, or practices of any third-party sites. Any transactions conducted through third-party websites are solely between you and that third party. We encourage you to review the terms and privacy policies of any third-party site you visit.
18. TESTIMONIALS, REVIEWS, AND OTHER SUBMISSIONS
Any content you submit to us — including testimonials, reviews, photos, comments, or suggestions ("Submissions") — is considered non-confidential and non-proprietary. By submitting content, you grant us a royalty-free, worldwide, perpetual, and irrevocable right to use, reproduce, distribute, adapt, and create derivative works from your Submission for any purpose, including advertising. You confirm that all Submissions are truthful and do not infringe on any third-party rights. These testimonials do not represent the typical user experience.
19. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE & INTELLECTUAL PROPERTY RIGHTS
a. DMCA Notice If you believe that content on our Website infringes your copyright, please notify us at hoperingsjewelry@gmail.com. Your notice must include: a description of the copyrighted work; identification of the allegedly infringing material; your contact information; a good-faith statement that the use is unauthorized; a declaration under penalty of perjury that your notice is accurate and that you are authorized to act; and your physical or electronic signature. Incomplete notices may result in processing delays.
b. Intellectual Property Rights All content on the Website, including images, text, graphics, logos, designs, and software, is owned by or licensed to BKH Enterprises LLC and protected under applicable intellectual property laws. No transfer of ownership occurs through your use of the Website. You may not copy, reproduce, distribute, or create derivative works from any Website content without our prior written consent.
c. Copyright All materials on the Website are copyrighted by BKH Enterprises LLC. You may view, print, and download content for personal, non-commercial informational purposes only. Any other use requires our prior written consent. Unauthorized use may violate copyright, trademark, and other applicable laws.
d. Trademarks All trademarks and logos displayed on the Website are the property of BKH Enterprises LLC. Nothing in these Terms grants you any right to use our trademarks without prior written consent.
20. ELECTRONIC COMMUNICATIONS
By using the Website, you agree that electronic communications from us — including notices, disclosures, and agreements — are equivalent to written communications and carry the same legal effect.
21. ASSIGNMENT
You may not assign any rights or obligations under these Terms. We may transfer our rights and obligations in connection with a merger, acquisition, or sale of assets without your consent.
22. NO WAIVER
Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other right under these Terms.
23. SEVERABILITY
If any provision of these Terms is found to be unlawful or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.
24. TERMINATION
Upon termination of this Agreement, Sections 2–5, 13–17, and 19–26, as well as all representations, warranties, and obligations you have made, shall survive.
25. ENTIRE AGREEMENT
These Terms, together with our Privacy Policy and any other policies posted on the Website, constitute the entire agreement between you and BKH Enterprises LLC and supersede all prior agreements or understandings.
26. QUESTIONS OR ADDITIONAL INFORMATION
For any questions regarding your purchase or these Terms, please contact us at hoperingsjewelry@gmail.com — we're happy to help.