Terms and conditions for the supply of goods through the Sahar BMD Jewellery online store located at www.saharbmd.com (the “Site”) owned and operated by Sahar BMD Jewellery (“Sahar BMD Jewellery”, “we”, “our”, or “us”). By using the Site, including without limitation placing an order with us you engage in our service and agree to be bound by the following terms and conditions (the “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions stated herein, then you may not access the Site or use any services and should cease using it immediately.

Our store is hosted on NameCheap, which provides us with the online e-commerce platform that allows us to sell our products and services to you. Our store is hosted on NameCheap.

Your use of any information or materials on this Site is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services, or information available through this Site meets your specific requirements.

1. SITE ACCESS AND CHANGES

Our Site changes regularly and access to this Site is permitted on a temporary basis. We aim to update our Site regularly and may change the content at any time in our sole discretion, including, without limitation, these Terms and the product details and pricing without notice. If the need arises, we may suspend access to our Site or close it indefinitely. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms and that they comply with them.

2. CONTRACT

No contract will exist between you and Sahar BMD for the sale of any product unless and until Sahar BMD Jewelry has accepted your order with a confirmation email and a full payment is taken from your selected payment method. Our acceptance of your order brings into existence a legally binding contract between us. Only adults (persons aged at least the greater of the age of majority in their jurisdiction or 19) are entitled to enter into legally binding contracts.

Sahar BMD Jewelry reserves the right not to accept your order in the event that we are unable to obtain authorization for payment, if shipping restrictions apply to a particular item, if the item ordered does not meet our quality control standards and is withdrawn, it is out of stock, or if there is an error in pricing or content. We may also refuse to process (and therefore accept) a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable for any indirect or consequential loss, damage, or expenses arising from not accepting your order and we shall have no liability to you, by way of compensation, other than to refund the amount paid for the goods in question.

3. PAYMENT

By purchasing on this Site, you confirm that the payment method that is being used is yours or that you have been specifically authorized by the owner of the payment method to use it. The owners of all payment methods are subject to validation checks and authorization by the payment method issuer. If the issuer of your payment method refuses to authorize payment, we will not be liable for any delay or non-delivery. We accept online payment by major credit cards, including Mastercard, Visa, and may accept additional payment methods, from time to time, in our sole discretion.

All payment methods are secured and validated by a third-party payment processor. For the protection of our customers, some orders might be subject to payment verification. If your order is placed on hold, we will contact you right away to minimize any delay of your order.

All prices are shown in USD. Payment can only be accepted in USD and will include GST and/or other applicable taxes. The price you pay is the price of goods at the time you place your order even if the price of the goods has changed since the date of the order changed.

4. TAX AND DUTIES

SAHAR BMD is not responsible for any duties incurred during the shipping process.

Orders shipped to outside of Canada could be charged with customs fees. You may receive a separate invoice from UPS for these customs costs. WE ARE NOT RESPONSIBLE FOR THE FEES COLLECTED AS CUSTOM DUTIES ON YOUR IMPORT AND CAN NOT OFFER A REIMBURSEMENT OR REFUNDS. Unfortunately, we cannot predict the extent of these costs, which are your responsibility. Please consult the local customs office to determine the amount of duties and taxes that will be charged on your package. Please also note that we are unable to fulfill any request to declare your package for any value other than the total value paid at checkout.

We are not responsible for the fees collected as custom duties on your import and can not offer a reimbursement or refunds.

5. Shipping

All of our orders are shipped from Canada using UPS. Once your order has shipped you can We process orders Monday through Friday, excluding holidays. Orders received on weekdays after 3pm ET, on weekends or holidays will begin processing the next business day. Shipping times may also vary due to the availability of our merchandise.

find the UPS tracking number contained in the shipping confirmation email that we sent you. You can easily track the progress of your shipment via www.ups.com’s tracking feature using the shipping number that was provided.

Tracking number is generated for each purchase. If the tracking number indicates that the item is lost, we will refund the purchase. However, if the tracking number indicates that the shipment has been delivered and the buyer has not received the item, it is the responsibility of the buyer to report the missing shipment to the courier for investigation. We shall take no responsibility for the loss of items once an item has been marked as delivered by the courier and signed by the receiver, but we may be able to provide additional support by opening an investigation with the proper agent.

Once an item is shipped we can no longer make changes or amend or re-route the address. You must contact the shipping company and provide the tracking number and make that request.

Orders shipped to outside of Canada could be charged with customs fees. You may receive a separate invoice from UPS for these customs costs. Unfortunately, we cannot predict the extent of these costs, which are your responsibility. Please consult the local customs office to determine the amount of duties and taxes that will be charged on your package. Please also note that we are unable to fulfill any request to declare your package for any value other than the total value paid at checkout.

All parcels must immediately be opened as soon as they are delivered to verify that the goods are contained in the parcel are untampered with and undamaged. Any such damage much be reported within 24 hours of an item’s delivery. You acknowledge that if you fail to do this and subsequently find the goods are not contained therein or have been damaged during delivery, we may not be able to claim against the Courier or against our insurers. Accordingly, if you do fail to do this, you agree that you will be solely liable for any such loss or damage and shall waive, release, and indemnify us from and against any claims relating thereto, to the fullest extent permitted by applicable law. All shipments will be sent with a tracking number and require a signature to verify the date that you received the package.

We are not responsible for any packages that are lost or stolen while in transit.

6. DEFECTIVE AND DAMAGED ITEMS

All sales on www.saharbmd.com are final. Please do not hesitate to contact us before making a purchase at info@saharbmd.com, and we will gladly address any questions or concerns you may have. If you receive an item that is defective, please send us an email including your name, proof of purchase, a description of the issue, and photos of the item immediately upon receiving the item. We reserve the right to deny any request for return, exchange, or repair.

Each piece of Sahar BMD jewelry is made to order. In the case of earrings, for hygiene purposes, we can not exchange or refund any earrings therefore, we cannot offer a refund on a piece unless it is found to be faulty. In certain circumstances, we may be able to offer an exchange for another piece. If items are found to be defective on receipt, you will be able to exchange for that same item and if not available, an in-store credit. You acknowledge and agree that you must inspect purchased items at the time they are delivered, and report any damage by email immediately thereafter, including a photograph of the damage in your email. Failure to report damage in a timely manner may nullify your right to a return.

The item must be returned as soon as possible, as determined by the shipment receipt and tracking number. The buyer is responsible for any return shipping, and it is recommended that you use a shipping method that includes tracking, as we cannot guarantee that we will receive your returned item(s).

7. REPRESENTATION AND SPECIFICATION OF GOODS

We make every effort to display as accurately as possible the colors and images of our products but cannot guarantee that the image displayed on our Site is completely accurate. Some items may appear slightly larger, smaller, or of a different color than the actual piece of jewelry due to the limitations of colour displays and screen defaults or defects, and photography techniques. Other items may be represented at a larger than actual size in order to clearly show details, or smaller than actual size in order to show the entire item.

8. MATERIALS

While we do our best to ensure the quality of materials used, we are not responsible for metals that are received from suppliers that do not wholly warrant that all the materials used are a certain metal. Sahar BMD cannot predict your body’s physiological response to any given material at any given time and is not responsible for any allergic reactions to metals, or any part of your piece, that may take place. We cannot replace your item due to such a reaction and you hereby acknowledge that we are released from any legal obligation to cover any medical cost of any kind associated with the piece of jewelry.

9. INTELLECTUAL PROPERTY

The entire content of this Site, including, without limitation, all jewelry designs, photographs, logos, text, images, designs, marks, the SAHAR BMD trademark, the www.saharbmd.com domain name, icons, demonstrative, written, electronic, graphic and other kinds of technical data, computer software, distribution system, business model and methods, and other content of the SAHAR BMD Site (the “Content”) is copyrighted, trademarked, and/or otherwise legally protected under copyright laws, including, without limitation, the Copyright Act of Canada. The Content, including the use of the name Sahar BMD, is the sole property of Sahar BMD.

You may store, print, and display the content supplied solely for your own personal use and you may draw the attention of others within your organization to material posted on our Site.

You are not permitted to publish, manipulate, distribute, or otherwise reproduce, in any format, any of the Content or copies of the Content supplied to you or which appears on this Site nor may you use any such content in connection with any business or commercial enterprise.

By using this service, you agree that you will not attempt to undermine the integrity of this Site.

10. CHANGES TO TERMS & CONDITIONS

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

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms & Conditions by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

11. PRIVACY

All personal details entered by our customers remain secure on our server until orders are downloaded and processed. We do not supply or sell customers details to any outside organization. We will endeavor to take all reasonable care, in so far as it is possible to do so to keep all details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering.

SAHAR BMD is based in British Columbia Canada. As such, these Terms and Conditions are subject to the Personal Information Protection act of British Columbia, and the Personal Information Protection and Electronic Documents Act of Canada (where applicable). Furthermore, there may arise certain circumstances where we may be required to share information as mandated by law, regardless of our Privacy Policy.

We use cookies and other tracking technologies to improve your browsing experience on our site, analyze site traffic, measure audience engagement and understand where our audiences come from

12. THIRD PARTY SOFTWARE

There are software programs and technology contained within, or available through, the Siter, including, without limitation, payment processing software, that have been licensed to us by third-parties (collectively “Third-Party Software”). Any Third-Party Software is subject to the proprietary rights of its respective owner. You acknowledge and agree that the owners of Third-Party Software will not be held liable for the removal or other unavailability of such Third-Party Software in the Service. In addition, the same terms and conditions, including all limitations and restrictions, set forth in these Terms apply to the Third-Party Software contained on the Site. We do not assume any responsibility or liability for your use of such Third-Party Software.

13. THIRD PARTY APPLICATIONS/LIMITATION OF LIABILITY

Your use of and/or access to the Site may be provided to you through third-party websites, platforms, and portals, including social networking sites and digital storefronts (collectively, “Third-Party Platforms”). Additional terms and conditions may apply to you with respect to your use of those Third-Party Platforms. WE DO NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR YOUR USE OF SUCH THIRD-PARTY PLATFORMS AND EXPRESSLY DISCLAIMS ANY LIABILITY WHATSOEVER IN RESPECT OF YOUR USE OF THE SAME. BY USING SUCH THIRD-PARTY PLATFORMS, YOU AGREE TO THEIR RESPECTIVE TERMS AND CONDITIONS. YOUR ABILITY TO ACCESS PRODUCTS AND SERVICES ON THE WEBSITE MAY REQUIRE YOUR ACCEPTANCE OF THIRD-PARTY SOFTWARE. 789TEN IS NOT RESPONSIBLE FOR ANY MISSING FEATURES OF, OR YOUR INABILITY TO USE OR ACCESS, ANYTHING PURCHASED THROUGH THE WEBSITE IF SUCH DEFICIENCY IS THE RESULT OF A REFUSAL ON YOUR PART TO ACCEPT ANY RELATED THIRD-PARTY SOFTWARE OR THIRD-PARTY PLATFORM TERMS OF USE OR CONDITION.

14. FURTHER LIMITATIONS OF LIABILITY

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY THE SITE(S) ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. THE SITE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

SUBJECT TO ANY APPLICABLE LOCAL LAWS, IF ANY, UNDER NO CIRCUMSTANCE, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION AND FUNDAMENTAL BREACH, SHALL WE BE LIABLE TO YOU OR ANY THIRD-PARTY FOR: ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, ECONOMIC OR PUNITIVE DAMAGES OR ANY LOSS THAT RESULTS FROM THE SUPPORT FOR ANY THIRD-PARTY SOFTWARE, THE USE OF, OR THE INABILITY TO USE, A SITE, THE SERVICE OR ANY CONTENT, INFORMATION, MATERIAL OR POSTINGS ON A SITE, DIRECTLY OR INDIRECTLY, OR THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION OVER THE INTERNET. THESE LIMITATIONS APPLY WHETHER OR NOT THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER, INCLUDING YOU; AND ANY LOSSES, CLAIMS, DAMAGES, EXPENSES, LIABILITY OR COSTS RESULTING DIRECTLY OR INDIRECTLY OUT OF, OR OTHERWISE ARISING IN CONNECTION WITH THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY OR OTHER INDUSTRIAL OR INTELLECTUAL PROPERTY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD-PARTY. THESE LIMITS APPLY TO ANY ACT OR OMISSION OF SAHAR BMD, WHETHER OR NOT THE ACTS OR OMISSIONS WOULD OTHERWISE GIVE RISE TO CLAIMS OR CAUSES OF ACTION IN CONTRACT, TORT, PURSUANT TO STATUTE OR PURSUANT TO ANY OTHER DOCTRINE OF LAW.

15. PROPER LAW AND JURISDICTION

These Terms and Conditions do not affect your statutory rights. If any provision in these terms and conditions is prohibited by law or judged by a court to be unlawful, void, or unenforceable, the provision shall, to the extent required, be severed, and rendered ineffective as far as possible without modifying the remaining provisions and shall not in any way affect any other circumstances of or the validity or enforcement of these terms and conditions.

The web site, its contents, terms and conditions and contracts shall be governed by and construed in accordance the Laws of British Columbia. All disputes arising out of or in connection with this agreement, or in respect of any legal relationship associated therewith or derived therefrom, shall be referred to and finally resolved by arbitration administered by the British Columbia International Commercial Arbitration Centre pursuant to its applicable Rules. The place of arbitration shall be Vancouver, British Columbia, Canada.

We reserve the right to change at any time these terms and conditions without prior notice to you.

16. AGREEMENT

These terms and conditions set out the entire agreement between you and Sahar BMD Jewelry in respect of the matters herein. They supersede any previous agreement or understanding in relation to the subject matter hereof. No variation of these terms and conditions are binding on us unless agreed by us in writing.

17. CONTACT INFORMATION

If you have any questions about these Terms & Conditions, please email us at info@saharbmd.com