1. Acceptance of Terms

These Terms & Conditions (“Terms”) constitute a legally binding agreement between you (“you,” “your”) and Sphinx & Emeralds (“we,” “us,” “our”) governing your access to and use of this website and any purchase of products offered.

By accessing the website, placing an order, or using any part of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

If you do not agree, you must not use this website.

We reserve the right to modify these Terms at any time. Continued use of the website following updates constitutes acceptance of the revised Terms.

2. Eligibility & Representations

You represent and warrant that:

  • You are the age of majority in your province or territory of residence.

  • All information provided is accurate and complete.

  • You have legal authority to enter into this agreement.

We reserve the right to refuse service to anyone at any time for any lawful reason.

3. Electronic Communications

By using this website or communicating with us electronically, you consent to receive communications electronically. You agree that electronic agreements, notices, disclosures, and communications satisfy any legal requirement that such communications be in writing.

4. Product Information & Variations

All product descriptions, images, specifications, and pricing are subject to change without notice.

We do not warrant that product descriptions, images, or other content are error-free, complete, or current.

Natural gemstones vary in:

  • Tone

  • Inclusions

  • Internal structure

  • Surface characteristics

These variations are inherent characteristics and do not constitute defects.

Color representation may vary depending on screen settings and lighting conditions.

By purchasing, you acknowledge and accept these variations.

5. Limited Batch & Production Model

Sphinx & Emeralds operates in limited batches and made-to-order production.

Estimated production and shipping timelines are provided for guidance only and are not guaranteed.

We are not liable for delays caused by:

  • Production scheduling

  • Stone sourcing

  • Supply chain disruption

  • Carrier delay

  • Customs processing

  • Force majeure events

6. Pricing & Order Acceptance

All prices are in Canadian Dollars (CAD).

We reserve the right to:

  • Correct pricing errors

  • Cancel orders due to inaccuracies

  • Refuse or limit quantities

  • Cancel suspicious or fraudulent transactions

Order acceptance occurs only upon shipment.

We may request additional verification to prevent fraud.

7. Fraud Prevention & Chargebacks

We actively monitor for fraudulent transactions.

If a chargeback is initiated without prior contact:

  • We reserve the right to dispute the chargeback.

  • We may provide all transaction and communication records to the payment processor.

  • We reserve the right to recover administrative and chargeback fees where legally permissible.

  • We may restrict future purchasing privileges.

Knowingly filing a false chargeback may constitute fraud under applicable law.

8. Custom, Modified & Made-to-Order Pieces

Any modification to a standard design — including but not limited to stone substitution, size alteration, metal change, or special sourcing — constitutes a custom order.

All custom, modified, personalized, and made-to-order pieces are final sale.

Once production or sourcing has commenced, cancellations are not permitted.

Client approval of specifications constitutes acceptance of final design. Dissatisfaction based on aesthetic preference does not constitute defect.

9. Shipping, Risk Transfer & Delivery

Risk of loss and title transfer to you upon confirmed delivery by the carrier.

We are not liable for:

  • Theft after delivery confirmation

  • Incorrect address provided by customer

  • Carrier errors after delivery confirmation

Lost-in-transit claims must be reported within a reasonable timeframe.

10. Warranty & Disclaimer of Warranties

We provide a limited lifetime warranty against verified manufacturing defects.

Except as expressly stated, products are provided “as is” to the fullest extent permitted under Canadian law.

We expressly disclaim all implied warranties, including merchantability and fitness for a particular purpose, to the maximum extent permitted by law.

Normal wear including:

  • Scratches

  • Oxidation

  • Plating fade

  • Impact damage

  • Stone movement from external force

is not considered a defect.

Nothing in these Terms limits non-waivable statutory consumer rights.

11. Limitation of Liability

To the fullest extent permitted by Canadian law:

Sphinx & Emeralds shall not be liable for indirect, incidental, special, consequential, punitive, or exemplary damages, including loss of profits, goodwill, revenue, or data.

Our total cumulative liability shall not exceed the purchase price of the product giving rise to the claim.

12. Intellectual Property Rights

All content on this website, including:

  • Jewelry designs

  • Structural configurations

  • Stone placements

  • Artistic arrangements

  • Photographs

  • Product descriptions

  • Logos

  • Trade names

  • Branding

  • Website design

is the exclusive intellectual property of Sphinx & Emeralds.

No reproduction, replication, manufacturing, modification, derivative creation, resale, scraping, distribution, or commercial exploitation is permitted without prior written authorization.

We reserve the right to pursue:

  • Injunctive relief

  • Damages

  • Recovery of profits

  • Recovery of legal fees

  • Marketplace takedown procedures

All rights reserved.

13. Trade Dress

The distinctive appearance, aesthetic configuration, and presentation of Sphinx & Emeralds products constitute protectable trade dress.

Unauthorized imitation of the overall look and feel of our products is prohibited.

14. Prohibited Uses

You may not:

  • Use the site for unlawful purposes

  • Interfere with security features

  • Scrape or extract data

  • Upload malicious code

  • Infringe intellectual property

  • Engage in resale without authorization

Violation may result in termination and legal action.

15. User-Generated Content

By submitting content to us, including reviews or tagged images, you grant Sphinx & Emeralds a perpetual, royalty-free, worldwide license to use, reproduce, and publish such content for promotional purposes.

You represent that you have the right to grant such license.

16. Force Majeure

We shall not be liable for failure to perform due to events beyond our reasonable control, including natural disasters, government actions, customs delays, pandemics, supply chain disruptions, or transportation failures.

17. Dispute Resolution & Governing Law

These Terms are governed by the laws of Canada and the Province in which Sphinx & Emeralds operates.

You agree to submit to the exclusive jurisdiction of the courts of that Province.

18. Indemnification

You agree to indemnify and hold harmless Sphinx & Emeralds from any claims, damages, liabilities, or expenses arising from:

  • Your breach of these Terms

  • Your misuse of the website

  • Your violation of law

  • Your infringement of third-party rights

19. Entire Agreement

These Terms, together with our Shipping, Returns, Warranty, Privacy, and other policies, constitute the entire agreement between you and Sphinx & Emeralds.

20. Severability

If any provision is found unenforceable, the remaining provisions remain fully effective.

21. Survival

Provisions relating to intellectual property, limitation of liability, indemnification, dispute resolution, and warranty disclaimers shall survive termination.