TERMS AND CONDITIONS

Updated September 15, 2022

Please read these Terms of Sale carefully prior to making an online purchase from the Exuberant website (interchangeably the “Site” or “Website”). By purchasing items through the Site, you agree to be bound by these Terms of Sale which include our TERMS and CONDITIONS, PRODUCTION, SHIPPING and RETURNS; PRIVACY; CARE which are incorporated by reference. If you do not agree to all of the Terms of Sale set forth throughout this Site do not purchase any items through the Site.
We reserve the right to change or modify these Terms of Sale at any time and in our sole discretion.

1. General
Exuberant (“Convergence PHI inc. operating under Exuberant or Exubérant,” “we,” “us,” “our”) provides our customers (“you,” “your”) with a shopping experience featuring uniquely designed jewelry. The items on the Exuberant website, accessible from www.exuberant.ca (the “website”), are designed and fabricated by Catherine Skarzenski and her team, striving to bring you original designs made with quality workmanship. Each piece is individually made, and production schedules attempt, as much as possible, to accommodate customers’ delivery requests. However, orders not in stock are subject to the availability of raw materials, production, and delivery schedules. All jewellery is manufactured in a studio setting using natural materials such as pearls, stones, glass, wood, shells and even banksia pods. No two elements are the same in nature so that slight variations in colour, tone or even shape are bound to happen and therefore present subtle variations from the website photographs. This is especially true for enamelled jewellery.
We reserve the right to refuse an order or to limit quantities, to discontinue offering certain pieces without prior notice, even if you have already placed an order for this item. If payment has been received for this item, we will provide full reimbursement.

2. Disclaimers, Limitation of Liability and Indemnification
Your use of items purchased through the Site is at your sole risk. Such items are provided “as is” and “as available’ without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. You understand and agree that, to the fullest extent permitted by applicable law, Exuberant and its officers, directors, agents, partners and employees (individually and collectively, the “Exuberant Parties”) will not be liable to you under any theory of liability—whether based in contract, tort, negligence or otherwise—for any indirect, consequential, incidental, or special damages, injury or lost profits that may be incurred by you, arising out of or in any way connected to these Terms of Sale or the use of, or inability to use, any items purchased through the Site, including, without limitation, any damages caused by or resulting from reliance by you on any information or items obtained from us, whether or not Exuberant or another Exuberant Party has been advised or should have been aware of the possibility of any such losses or injury. You understand and agree that, to the fullest extent permitted by applicable law, the Exuberant Parties’ total liability in connection with the items purchased through the Site and these Terms of Sale will not exceed the amount you actually paid to Exuberant for such items purchased.

The limitations set forth in this section will not limit or exclude liability for personal injury or property damage directly and proximately caused by items you purchased from us through the Site or for the gross negligence, fraud or intentional misconduct of any Exuberant Parties, or for any other matters in which liability cannot be excluded or limited under applicable law.
We do not guarantee, represent or warrant that your use of our website will be uninterrupted, timely, secure or error-free in its original language or any of its translations.

You agree to indemnify, defend and hold harmless Convergence PHI inc, operating as Exuberant and our parent, subsidiaries, affiliates, partners, officers, directors, shareholders, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your breach of these Terms and Conditions, Shipping and Production conditions or the documents they incorporate by reference, or your violation of any law or the rights of third party.

3. Reproduction
In using this website and its services you agree not to reproduce, copy, exploit, sell or resell any portion of the website and any of the products it showcases, without our express written permission.

4. Optional Tools
We may provide you with access to third party tools over which we have no control or input. You acknowledge and agree that this access is provided “as available” or “as is” 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 these third-party optional tools.

5. User Comments, Feedback and other Submissions
If, at our request, you send certain specific submissions or, without a request from us, you send design ideas, suggestions, proposals, plans, or other materials, whether online, by email, by post or otherwise (collectively called “comments”), you agree that we may at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use any of these comments in any medium. We are and shall not be under obligation to maintain any comments in confidence, to pay compensation for any comments or to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violate any party’s intellectual property or these Terms and
Conditions.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain any libelous, or otherwise unlawful, abusive or obscene material, or contain any computer malware or virus that could in any way affect the operation of the website www.Exuberant.ca 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 the comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

6. Prohibited Use
In addition to other prohibitions as set forth in these Terms and Conditions, you are prohibited from using the site or its content for any unlawful purpose: to solicit others to perform or participate in any unlawful acts; to violate any international federal, provincial or state regulations, rules, laws, or local ordinance; to infringe upon or violate our, or others, intellectual property rights; to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, language, age, national origin, disability or any other basis; to submit false or misleading information; to upload or transmit viruses or any other type of malicious code that will, or may be used, in any way that will affect the functionality or operation of this website www.exuberant.ca or any related websites or the internet; to collect or track the personal information of others; to spam, phish, pharm, pretext, spider, crawl or scrape; for any obscene or immoral purpose; or to interfere with or circumvent the security features of this website or any related website, other websites or the internet. We reserve the right to terminate your use of this website or any related website for violating any of the prohibited uses.

7. Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Sale shall not constitute a waiver of such rights or provision. These Terms of Sale and any policies or operating rules posted by us on this Site constitutes the entire agreement and understanding between you and us and govern your use of our services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Sale). Any ambiguities in the interpretation of these Terms of Sale shall not be construed against the drafting party.

8. Governing Law and Severability
These Terms of Sale and your purchase of items through the Site will be governed by and construed in accordance with the laws of the Province of Ontario, Canada without regard to conflict of law principles. You hereby irrevocably consent to the jurisdiction and venue of the federal and state courts located in Ottawa, Ontario with respect to any dispute related to these Terms of Sale or your purchase of an item through the Site that is not subject to arbitration under these Terms of Sale.
If any provision or part of a provision of these Terms of Sale is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms of Sale and does not affect the validity and enforceability of any remaining provisions.

9. Questions, Comments, Observations
If you have any questions about our Terms of Sale please email us at bijoux@exuberant.ca.