ONIX TERMS AND CONDITIONS

GENERAL INFORMATION

Welcome to ONIX! The terms “we,” “us,” and “our” refer to ONIX. ONIX operates this store and website, including all related information, content, features, tools, products, and services provided to offer you, the customer, a curated shopping experience (the “Services”). ONIX is powered by Shopify technology, which allows us to provide you with the Services.

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

Please read these Terms of Service carefully, as they contain important information regarding your legal rights and include provisions related to warranties, 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 [LINK]. If you do not agree with these Terms of Service or Privacy Policy, you must not access or use our Services.

SECTION 1 – ACCESS AND ACCOUNT

By accepting these Terms of Service, you represent that you are at least the legal age of majority in your state or province of residence and that you have provided your consent to allow any minor dependents under your care to use the Services on devices that you own, purchase, or manage.

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

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

SECTION 2 – OUR PRODUCTS

We have made every effort to display our products and services accurately in our online store. However, please note that product colors or appearance may vary from how they appear on your screen due to the type of device you use to access the store and your device settings.

We do not guarantee that the appearance, quality, or characteristics of any product or service purchased by you will meet your expectations or will be identical to how they are displayed or presented in our online store.

All product descriptions may be modified at any time without prior notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit quantities of any product offered to any person, geographic region, or jurisdiction on an individual basis.

SECTION 3 – ORDERS

When you place an order, you are making an offer to purchase. ONIX reserves the right to accept or reject your order for any reason at our sole discretion. Your order will not be accepted until ONIX confirms acceptance.

We must receive and process your payment before accepting your order. You should carefully review your order before completing your purchase, as ONIX may not be able to process cancellation requests after an order has been accepted.

If we do not accept, modify, or cancel an order, we will attempt to notify you by contacting you through the email address, billing address, or phone number provided at the time the order was placed.

You may return or exchange your purchase only according to our Refund Policy [LINK].

You represent and warrant that your purchase is for personal or household use only and not for resale or commercial export.

SECTION 4 – PRICING 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 shown in the order confirmation sent to you by email.

Unless otherwise expressly stated, published prices do not include taxes, shipping fees, handling fees, customs duties, or import charges.

Prices displayed in our online stores may differ from prices offered in physical stores or other online stores operated by third parties. We may occasionally offer promotions through the Services that may affect pricing strategies and may be governed by terms and conditions different from these Terms.

If there is any conflict between promotional terms and these Terms, the promotional terms will prevail.

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 information, including your email address, credit card numbers, and expiration dates, so that we may complete transactions and contact you as necessary.

You represent and warrant that: (i) the credit card information provided by you is accurate, valid, and complete; (ii) you are authorized to use the credit card for the purchase; (iii) charges incurred will be accepted by your credit card provider; and (iv) you will pay all charges incurred at the published prices, including applicable shipping, handling, and taxes.

SECTION 5 – SHIPPING AND DELIVERY

We are not responsible for shipping or delivery delays. All delivery times are estimates only and are not guaranteed.

We are not responsible for delays caused by shipping carriers, customs procedures, or events beyond our reasonable control.

Once products are transferred to the shipping carrier, title and risk of loss transfer to you.

SECTION 6 – INTELLECTUAL PROPERTY

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

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

Except as expressly provided in these Terms, nothing contained herein grants or shall be interpreted as granting you any license or rights under any patent, trademark, copyright, or other intellectual property belonging to ONIX, 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 ONIX.

The ONIX name, logos, product names, service names, designs, and slogans are trademarks of ONIX or its affiliates or licensors. You may not use such trademarks without ONIX’s prior written permission.

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

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party customer tools as part of the Services that we do not monitor, control, or have any influence over.

You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis without warranties, representations, or conditions of any kind and without endorsement.

We shall have no liability arising from or relating to your use of optional third-party tools.

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

We may also introduce new features through the Services in the future, including new tools and resources. Such new features will also be considered part of the Services and 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 third-party embedded functionality.

We are not responsible for reviewing or evaluating the content, accuracy, or reliability of third-party materials or websites that you choose to access.

If you leave the Services to access third-party websites or materials, you do so entirely at your own risk.

We shall not be responsible for any damages, losses, or claims related to your access to third-party websites or your purchase or use of any products, services, resources, or content available through third-party websites.

Please carefully review the third party’s policies and practices before completing any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the applicable third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

ONIX operates using Shopify technology, which allows us to provide you with the Services.

However, any sale or purchase completed through our store is made directly between you and ONIX.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of transactions between you and ONIX, including any injury, damage, or loss resulting from the purchase of products or services.

You expressly release Shopify and its affiliates from any claims, damages, or liabilities arising from or related to your purchase or transaction with ONIX.

SECTION 10 – PRIVACY POLICY

All personal information collected through the Services is subject to our Privacy Policy, available here [LINK], and certain personal information may also be subject to Shopify’s Privacy Policy.

By using the Services, you acknowledge that you have reviewed our Privacy Policy.

Because the Services are hosted by Shopify, Shopify collects and processes personal information regarding your access and use of the Services to provide and improve our Services.

Information submitted through the Services may be transmitted and shared with Shopify and third parties that may be located in countries other than your country of residence for the purpose of providing the Services.

Please review our Privacy Policy [LINK] for additional information regarding how ONIX, Shopify, and our partners use your personal information.

SECTION 11 – COMMENTS AND FEEDBACK

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

We may use these rights to operate, provide, evaluate, improve, optimize, and promote the Services and to fulfill 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 Comments submitted; (ii) you have disclosed any compensation or incentives received related to your submission; and (iii) your Comments comply with these Terms.

We are not obligated to maintain confidentiality of Comments, provide compensation for Comments, or respond to Comments.

We may, but are not obligated to, monitor, edit, or remove Comments that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, obscene, inappropriate, infringing, or otherwise unacceptable.

You agree that your Comments will not violate any rights of third parties, including copyright, trademark, privacy, or other personal or proprietary rights.

You further agree that your Comments will not contain defamatory, unlawful, abusive, obscene, or malicious material, nor contain viruses or other harmful code that may affect the operation of the Services.

You may not use a false email address, impersonate another person, or mislead ONIX or third parties regarding the origin of any Comments.

You are solely responsible for your Comments and their accuracy. ONIX assumes no responsibility or liability for Comments posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, information contained in or provided through the Services may include typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability.

We reserve the right to correct any errors, inaccuracies, or omissions and to change, update, or cancel orders if any information is inaccurate at any time without prior notice, including after an order has been placed.

SECTION 13 – PROHIBITED USES

You may access and use the Services only for lawful purposes.

You may not access or use the Services directly or indirectly for any unlawful, harmful, or prohibited purpose, including violating any applicable laws, regulations, intellectual property rights, privacy rights, or the rights of others.

You may not use the Services to harass, abuse, threaten, defame, intimidate, harm, or discriminate against ONIX employees, customers, or any other person.

You may not submit false information, transmit malicious content, distribute spam, impersonate others, or engage in any activity that restricts or interferes with another person’s use of the Services.

You further agree not to upload viruses, malware, or harmful code; copy, reproduce, sell, resell, or exploit any part of the Services; collect personal information from others; use automated tools, bots, spiders, scraping tools, artificial intelligence agents, or similar methods to access the Services without authorization; or bypass any security or access-control measures.

We reserve the right to suspend, restrict, or terminate your account without notice if we determine that you have violated these Terms.

SECTION 14 – AGENTS

14.1 Agent Terms

This section (“Agent Terms”) applies if you use, allow, enable, or cause the implementation of an Agent to access, use, or interact with any Service.

“Agent” means any software or service that performs autonomous or semi-autonomous actions on behalf of, or at the direction of, any person or entity and that may operate using a person’s device or account without direct supervision.

14.2 Agent Access Restrictions

No Agent may access, use, or interact with the Services unless it identifies itself at all times and operates in strict compliance with the requirements of Section 14.4.

Additionally, no Agent may access, use, or interact with the Services if we have requested that such Agent refrain from accessing, using, or interacting with any Service.

14.3 Restrictions and Controls

We may limit, including through technical measures, the access, use, and interaction of any Agent with the Services, including how such access or interaction occurs.

14.4 Agent Requirements

Agents must: (i) identify in every HTTP/HTTPS request that the request originates from an Agent and disclose the Agent’s name by including the following in the request user-agent field: “Agent/[Agent Name]”; (ii) not hide or misrepresent that access, use, or interaction is coming from an Agent, including by imitating human behavior or interaction patterns, or by completing or bypassing CAPTCHAs or measures designed to distinguish computer use from human use; (iii) truthfully respond to any questions or instructions intended to determine whether interactions are coming from a human or computer; and (iv) not bypass, avoid, or circumvent any measures designed to block, limit, modify, or control whether 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, at our sole discretion at any time without prior notice.

You remain responsible for all amounts owed up to and including the termination date.

The following sections will survive any termination: Intellectual Property, Comments, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, 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 provided for general informational purposes only.

We do not guarantee the accuracy, completeness, or usefulness of such information.

Any reliance you place on such information is strictly at your own risk.

We disclaim all liability arising from any reliance placed on such materials by you or any other visitor to the Services.

Unless expressly stated otherwise by ONIX, the Services and all products offered through the Services are provided on an “AS IS” and “AS AVAILABLE” basis without warranties, representations, or conditions of any kind, whether express or implied.

This includes, but is not limited to, implied warranties or conditions of merchantability, commercial quality, fitness for a particular purpose, durability, title, and non-infringement.

We do not warrant that your use of the Services will be uninterrupted, timely, secure, or error-free.

Some jurisdictions do not allow limitations on implied warranties, so these limitations may not apply to you.

SECTION 17 – LIMITATION OF LIABILITY

To the maximum extent permitted by law, ONIX, Shopify, their affiliates, partners, directors, officers, employees, agents, contractors, service providers, licensors, or suppliers shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind.

This includes, without limitation, loss of profits, revenue, savings, data, replacement costs, or similar damages, whether based on contract, negligence, strict liability, or otherwise.

Such limitations apply to damages arising from your use of the Services, products purchased through the Services, or any other claim related in any way to your use of the Services.

This includes errors or omissions in content, or any loss or damage resulting from the use of any content or products 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 ONIX, Shopify, their affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, claims, or expenses, including reasonable attorneys’ fees, arising from:

(1) your breach of these Terms of Service or any documents incorporated herein;

(2) your violation of any law or third-party rights; or

(3) your access to or use of the Services.

We will notify you of any indemnifiable claim, provided that failure to provide prompt notice will not relieve you of your obligations unless you are materially harmed.

We may control the defense and settlement of such claims at your expense, including selecting legal counsel.

You agree to cooperate in the defense of any indemnified claims by providing relevant information and documentation.

SECTION 19 – SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall remain enforceable to the maximum extent permitted by applicable law.

The unenforceable portion shall be considered removed from these Terms, and such determination shall not affect the validity and enforceability of the remaining provisions.

SECTION 20 – WAIVER; ENTIRE AGREEMENT

Failure by us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this website or relating to the Services constitute the entire agreement and understanding between you and ONIX.

They govern your use of the Services and replace any prior or contemporaneous agreements, communications, and proposals, whether oral or written.

Any ambiguity in the interpretation of these Terms shall not be interpreted against the party that drafted them.

SECTION 21 – ASSIGNMENT

You may not transfer, assign, or delegate this agreement or any rights or obligations under these Terms without our prior written consent.

Any attempted assignment without such consent shall be void.

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

SECTION 22 – GOVERNING LAW

These Terms of Service and any separate agreement through which we provide Services shall be governed by and interpreted according to the laws applicable in the jurisdiction where ONIX is headquartered.

You and ONIX agree to the personal jurisdiction and venue of the courts located in that jurisdiction.

SECTION 23 – HEADINGS

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

SECTION 24 – CHANGES TO TERMS OF SERVICE

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

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

It is your responsibility to review our website periodically for changes.

We will notify users of material changes when 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 after changes are posted constitutes acceptance of those changes.

SECTION 25 – CONTACT INFORMATION

Questions regarding these Terms of Service should be sent to:

Customer Service Email:
hello@onixjewels.com

Privacy Email:
privacy@onixjewels.com

Phone:
+1 (786) 431-9859

Website:
www.onixjewels.com

ONIX

Khai Store LLC

4740 SW 72nd Ave
Miami, FL 33155
United States