LEGAL TERMS

Please read carefully before using www.ecksand.com. These Terms and Conditions govern the sale of merchandise by Ecksand Jewels Inc. Sales are available only for purchases exclusively within Canada and the Continental United States. Your use of www.ecksand.com to purchase merchandise or otherwise indicates your agreement to follow and to be bound by these Terms and Conditions, our Privacy Policy, our Disclaimer and other notices which may be posted on www.ecksand.com and all applicable laws and regulations. Any user who does not comply with the terms listed below should not continue to browse or use services of www.ecksand.com.

Ecksands order confirmation and these Terms and conditions shall be the final and integrated agreement between Ecksand and you on the on the matters contained in these Terms and Conditions.

Authenticity guarantee

Ecksand guarantees the authenticity of all products purchased on www.ecksand.com. Every item is delivered with a certificate of authenticity.

Governing law

This website is controlled and operated by Ecksand jewels inc. located in the city of Montreal, Province of Quebec, Canada. Any disputes between this website and a visitor or customer must be resolved in a competent legal court of law in the city of Montreal, province of Quebec, Canada. Ecksand records evidence of all transactions between www.ecksand.com and its customers. In the event of a dispute between www.ecksand.com and one of its customers relating a transaction, the data recorded by www.ecksand.com shall be treated as evidence of the details of the transaction.

Limitations of liability

Under no circumstance whatsoever shall Ecksand jewels inc. be liable for any loss arising out of or in connection with the use of the website ecksand.com. Other than as required by applicable consumer protection law or insurance law, if any, in no event will Ecksand be liable for errors or omissions in this information or for any losses or damages, direct, indirect, incidental, special or consequential resulting from your use or misuse of, or reliance on, any such information. Ecksand may process your personal data without your consent when such processing is necessary to comply with applicable laws and regulations or to provide you with services you requested, including the purchase of products www.ecksand.com. Products ordered by customers will remain the property of Ecksand until Ecksand has received full payment thereof. If there is any problem with payment, the customer is responsible to return the goods received to Ecksand immediately upon request.

Disclaimer

Rarely do we encounter identical pearls or any gemstone; therefore Ecksand creations are one of a kind. When ordering one or more of the same item, the gems might slightly differ from the online picture. While jewels shipped should match in basic form, shape and appearance, there is always a chance that models will be updated with the most resembling set of gems. The differences might not be visible to the naked eye. If there are any inquiries concerning the disclaimer please do not hesitate to contact sales@ecksand.com. While every effort is made to ensure that the color, design, and style of the jewel displayed on www.ecksand.com are representative of the original products, slight variations may occur for technical and other reasons.

Security measures

Ecksand.com utilizes the latest version of Secure Socket Layer Technology [SSL] to encrypt your personal information. We have also adopted physical, electronic and administrative security measures to protect personal data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure or access and against other unlawful forms of data processing, as provided in our Privacy Policy. Nevertheless, Ecksand does not guarantee that the security measures adopted for the protection of the transmission of data and information through www.ecksand.com will prevent or exclude any risk of unauthorized access or loss of data. It is advisable that your computer is equipped with software devices for the protection of network data transmission and receipt (such as, updated antivirus systems) and that your Internet service provider takes appropriate measures for the security of network data transmission (such as, firewalls and anti-spam filtering).

While Ecksand takes commercially reasonable efforts to safeguard the privacy of your information in accordance with this Privacy Policy, in no event will the information you provide to us create any fiduciary obligations to you on our part. It will not result in any liability to you on our part in the event any such information is inadvertently released by us or accessed by third parties without our consent. Ecksand.com is committed to data security with respect to information collection on our site during your shopping experience. If at any time you would like to make a purchase but do not feel comfortable transmitting your credit card information over the internet, do not hesitate to call us at +1.886.726.SAND. Please note that each time your consent is required, we will inform you in advance and we will give you the option to either provide or refuse your consent by selecting the appropriate box.

Privacy Policy

The terms and conditions of our Privacy Policy govern the processing of all personal data from you in connection with your purchase of merchandise through www.ecksand.com. This Privacy Policy applies when you visit and surf www.ecksand.com without purchasing any product, when you register and when you use our services for purchasing products on www.ecksand.com. By using www.ecksand.com, you accept the practices described in this Privacy Policy. If you do not want to accept the practices described in this Privacy Policy, please do not use www.ecksand.com.

Ecksand respects its user’s right to be informed about the collection and processing of their personal data. In processing data that can personally identify you, directly or indirectly, we apply the principle of strict necessity. For this reason, Ecksand.com has been designed in such a way that the use of your personal data will be minimal and will not exceed the original purpose for which your personal data was collected and/or processed. In particular, we do not disclose your identity when the purpose for which your personal data is being processed can be achieved by using anonymous aggregate information.

Disclosure of data

Personal information, such as your name, address and phone number or information regarding your order and the products you have purchased, will not be sold to any outside organization. In any event, your personal data will not be disclosed to third parties without you being informed or without your consent, when such consent is required by law. We regularly verify that our processors comply with our instructions and that they provide sufficient guarantees with respect to their compliance with applicable laws and regulations. This refers to our ability to process your purchase, provide service and support, and share news regarding products. In addition, your personal data may be disclosed to third parties in order to

comply with applicable laws,
respond to governmental and judiciary inquiries,
comply with valid legal process, and
protect the rights or property of Ecksand Jewels Inc.

Any third party information disclosed to Ecksand in accordance with this Privacy Policy will not be used for any purpose other than as required to technically operate the service, to complete a transaction, or as otherwise required by law.

Purposes of use

Your personal data is collected and processed by Ecksand for purposes, which are strictly connected to the use of www.ecksand.com, its services and the purchase of products. We do not share our email lists with third parties for marketing purposes. However, your personal data may also be used for other processing operations within the limits of such purposes. In particular, your personal data may be processed for the following reasons below.

When you register on www.ecksand.com we collect your personal data (your personal information, userID, password and email address) through the relevant registration form in order to provide you with services in reserved access areas of www.ecksand.com.
When you are executing purchasing procedures for products sold on www.ecksand.com, including a “confirmation of order” for the purchase of products, we collect your personal data (e. g. personal information, email address, address, credit card number, and telephone number).
When you request technical assistance, we collect your personal data in order to provide you with information on net surfing, Internet browsing or viewing and downloading web pages.
Your personal data will not be disclosed to third parties for purposes not permitted by law or without your explicit consent.
Your personal data may only be disclosed to third parties (e. g. PayPal) when it is necessary to process an order placed by you.
Moreover, your personal data may be disclosed to the police or to judicial authorities, in compliance with applicable laws and regulations and upon a formal request by such authorities for the purposes of preventing a fraud against us (anti-fraud services).

In all the above circumstances, your consent for data processing will not be specifically requested. You can also access www.ecksand.com and browse the pages without disclosing your personal data. You agree to indemnify, defend and hold www.ecksand.com and Ecksand Jewels Inc. harmless from any liability, loss, claims and expenses, including reasonable attorney’s fees, arising from or related to any unauthorized disclosure of personally identifiable information of third parties.

Non-disclosure of personal data

The personal data we request you provide to Ecksand, including your e-mail address, your address, your credit/debit card numbers, and your telephone number, is necessary for the processing of your order for the purchase of products on www.ecksand.com. Your refusal to provide certain personal data prevents the processing of your order for the purchase of products sold on www.ecksand.com or from providing other services through www.ecksand.com, such as customer service. Your failure to provide personal data to Ecksand may justify Ecksand’s refusal to process your order for the purchase of products sold or to provide services through www.ecksand.com. The disclosure of personal data to Ecksand other than that required in order to fulfill legal or contractual obligations or to provide the services requested by you is optional and does not have any effect on the use of www.ecksand.com and its services or on the purchase of products on www.ecksand.com.

Modification & updating

Ecksand may amend or update from time to time all or any part of these Terms and Conditions and the Privacy Policy, whether or not required by a change in the applicable laws and regulation. All amendments and updates will become effective upon publication on this section of www.ecksand.com. This policy was last updated on 10.12.2010.

Intellectual & trademark property

All trademarks, logos and service marks, which appear on www.ecksand.com, are registered and/or unregistered Ecksand trademarks. Nothing contained in the website should be construed as granting by implication or otherwise, any license or right to use any trademark displayed on this website without the written permission of Ecksand.

Unless we give you specific permission in advance, any other use of this website, its content and its information, are strictly prohibited. This website and all materials found on it are protected by copyright and other laws. This website and its contents may not be copied, published, distributed, downloaded, transmitted or converted in any form be they electronic or otherwise without the prior written consent of Ecksand.com. All images, text, ideologies and rights of ownership are property of Ecksand. Ecksand will not tolerate any copy or duplication of images, videos, animations, text and sound elements contained within this website. Do not use any information or pictures without prior authorization by Ecksand. All the information within www.ecksand.com is protected by the international laws of intellectual property. All rights not expressly reserved or granted are herein reserved.