TERMS OF SERVICE
This website is operated by Blue Soul Earth, and the terms of service are for users to understand all terms, conditions, policies and
notices stated here. By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound
by the following terms and conditions (“Terms of Service”, “Terms”), including any additional terms and conditions and policies
referenced. These Terms of Service apply to all site users, including, without limitation, customers, browsers, vendors, merchants,
or content creators and contributors.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you
agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may
not access the website or use any services
New features or tools that are added to the Magdalene Collection store shall also be subject to the Terms of Service. You can
review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace
any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page
periodically for changes. Your continued use of or access to the website after posting any changes constitutes acceptance of those
changes.
We have made every effort to display the colors of our products that appear on the website as accurately as possible. All sizes and
measurements are approximate in nature. If an error is discovered, we will make every effort to correct it, including when a
Product’s price is incorrectly priced. If a Product ́s actual price is lower or higher than the price stated on our site, we will contact
you for instructions before shipping the Product to you or reject your order and notify you why. We are not obligated to provide the
Product to you at an incorrect (lower) price, even after we have sent you a Notification. Prices are subject to change without notice,
and the Products are subject to availability. If there is an error where the Product has already been sold but not changed
accordingly on the website, we will also notify you as such.
Prices are in U.S. Dollars. Prices do not include tax or shipping, which will be added to the total amount due at the checkout page.
I: RETURNS AND EXCHANGES
Should the Product be broken, you can send it back to us within 7 days with an original receipt for a refund (excluding shipping
costs). You must notify us that you wish to return an item before sending it back – email us at info at bluesoulearth dot com. Your
purchase must be unworn and in its original packaging. We cannot exchange or refund customer-damaged goods, including but not
limited to jewelry worn in water, been through washing machines, dropped on the floor, fallen off a table, torn by children etc). Your
statutory rights are not affected. The customer is responsible for paying for the return shipping costs in all cases. It is the customer’s
responsibility to print the label and send the item or items back with notification via email to us in advance as stated above.
II: CARE
It is important that you treat your jewelry with care like all delicate objects. Here are suggestions to keep your jewelry in great shape
long-term:
• Store your jewelry in a place where it won’t get tangled with other objects, to decrease the chance of it breaking.
• Do not pull or tug on your jewelry when you wear it. This includes not wearing necklaces when you are holding babies as
they tend to pull on necklaces which could force a break.
• Avoid any perfumes or hairspray so your jewelry can stay clean of outside chemicals.
• Avoid wearing your jewelry in the shower, hot tub, swimming pool, ocean or lake.
• Avoid wearing jewelry when you work out, take a yoga class or do any other strenuous activity.
• Avoid leaving your jewelry out in the sunlight for lengthy periods of time.
III: PROMOTIONAL CODES
Please note that only one promotional code can be used for a Product at any one time.
IV: PRIVACY POLICY
Data will be used by us to help us process your order, notify you of important changes to our website and inform you about our
products, services, promotions and special offers. Your privacy is very important to us, and we handle your data in accordance with
local laws and ordinances. We will not share, rent, lease, or sell your personal information, including email addresses to any third
party for marketing purposes without your permission.
V: WARRANTY
Should the Product be broken, you can send it back to us within 7 days with an original receipt for a refund (excluding shipping
costs). You must notify us that you wish to return an item before sending it back – email us at info at bluesoulearth dot com. Your
purchase must be unworn and in its original packaging. We cannot exchange or refund customer-damaged goods, including but not
limited to jewelry worn in water, been through washing machines, dropped on the floor, fallen off a table, torn by children etc). The
customer is responsible for paying for the return shipping costs in all cases. It is the customer’s responsibility to print the label and
send the item or items back with notification via email to us in advance, as stated above. Your statutory rights are not affected.
VI: GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit
card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform
and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer
over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Product, use of the Product, or
access to the Product or any contact on the website through which the Product is provided, without express written permission by
us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
VII: ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if the information on this site is not accurate, complete or current. The material on this site is provided for
general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary,
more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain descriptive information. We reserve the right to modify the contents of this site at any time, but we
have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
VIII: MODIFICATIONS TO PRODUCTS, SERVICES AND PRICES
Prices for our Products and Services are subject to change without notice. We reserve the right at any time to modify or discontinue
the Product (s) and Service (s) (or any part or content thereof) without notice at any time. We reserve the right at any time to modify
or discontinue any sale event or offer without notice at any time. We shall not be liable to you or to any third-party for any
modification, price change, suspension or discontinuance of Products and/or Services.
IX: PRODUCTS AND/OR SERVICES
Certain Products or Services may be available exclusively online through the website. These Products or Services may have limited
quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display the
colors and images of our products that appear at the store as accurately as possible. We cannot guarantee that your computer
monitor’s display of any color will be accurate. We reserve the right but are not obligated, to limit the sales of our Products or
Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right
to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change
at any time without notice, at the sole discretion of us. We reserve the right to discontinue any Product at any time. Any offer for any
Product or Service made on this site is void where prohibited. We do not warrant that the quality of any Products, Services,
information, or other material purchased or obtained by you will meet your expectations or that any errors in the Service will be
corrected.
X: ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. In our sole discretion, we may limit or cancel quantities purchased per
person, household or order. These restrictions may include orders placed by or under the same customer account, credit card,
and/or orders using the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify
you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to
limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our online store.
You agree to promptly update your account and other information, including your shipping address, email address and credit card
numbers and expiration dates, so that we can complete your transactions and contact you as needed.
XI: OPTIONAL TOOLS
We may provide you access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations
or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of
optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you
should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Products, Services and/or features through the website (including, the release of new tools
and resources). Such new features and/or services shall also be subject to these Terms of Service.
XII: THIRD-PARTY LINKS
Certain content, products and services available via our Products and/or Services may include materials from third-parties. Third-
party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or
evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials
or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to
the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party
websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in
any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
XIII: USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send in a submission (for a special offer contests or offers as examples) or without a request from us you
send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise
(collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and
otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any
comments in confidence; (2) to pay compensation for any comments; or (3) 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 violates any party’s intellectual property or these Terms of
Service.
You agree that your comments will not violate any rights of any third-party, including copyright, trademark, privacy, personality or
other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or
obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any
related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or
third-parties as to the origin of any 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.
XIV: ERRORS, INACCURACIES AND OMISSIONS
There may be information on our site or in the Products and/or Services that contains typographical errors, inaccuracies or
omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and
availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel
orders if any information in the Product and/or Service or on any related website is inaccurate at any time without prior notice
(including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or
on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh
date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related
website has been modified or updated.
XV: PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any
unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial
or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual
property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on
gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g)
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 the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information
of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with
or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to
terminate your use of the Service or any related website for violating any of the prohibited uses.
XVI: DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not
warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without
notice to you. You expressly agree that your use of, or inability to use, the Products and/or Services are at your sole risk. The
Services and all Products delivered to you through the website are (except as expressly stated by us) provided ‘as is’ and ‘as
available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all
implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-
infringement. In no case shall Blue Soul Earth, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers,
service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or
consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement
costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your
use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the
service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind
incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the
service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability
for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted
by law.
XVII: INDEMNIFICATION
You agree to indemnify, defend and hold harmless Blue Soul Earth and our subsidiaries, affiliates, partners, officers, directors,
agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or
demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of
Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
XVIII: SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall
nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be
severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining
provisions.
XIV: TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for
all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms
of Service at any time by notifying us that you no longer wish to use our Products and/or Services, or when you cease using our
site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of
Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and
including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
XX: ENTIRE AGREEMENT
The failure of 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 site or in respect to The Service
constitutes the entire agreement and understanding between you and us and govern your use of the Service, 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 Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
XXI: GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Products and/or Services shall be governed by and
construed in accordance with California law and the laws of United States.
XXII: CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole
discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is
your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service
following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
XXIII: CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info at bluesoulearth dot com.