TERMS & CONDITIONS

ACCEPTANCE OF TERMS

OCTAVIA ELIZABETH, LLC (“OCTAVIA ELIZABETH”) owns and operates this Website, and these terms and conditions govern your relationship with OCTAVIAELIZABETH.com and OCTAVIA ELIZABETH. Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time.

OCTAVIA ELIZABETH is not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or this entire Website.

OCTAVIA ELIZABETH’s privacy policy, which sets out how we will use your information, can be found here. By using this Website, you consent to the policy described therein.

ORDERS

By placing an order through OCTAVIA ELIZABETH, by means of this Website, phone or otherwise, you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. The cost of products and services may fluctuate. All prices advertised are subject to such changes and we will confirm the identity of the party which you have contracted with. This will usually be www.octaviaelizabeth.com or may in some cases be a third party. Where a contract is made with a third party www.octaviaelizabeth.com is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale, which they supply you.

Orders may be placed via phone: (424) 238-5382. Orders can also be placed online at www.octaviaelizabeth.com. Personalized or custom orders will be confirmed by a sales representative. Please note that once an order has been placed, we are not able to modify or cancel your order. OCTAVIA ELIZABETH reserves the right to refuse sales or cancel orders placed by a customer in violation of these Terms of Service or as otherwise determined by OCTAVIA ELIZABETH.

When placing an order you undertake that all details you provide to us, including without limit, sizing request, are true and accurate, that you are an authorized user of the credit card, debit card, or other form of payment used to place your order and that there are sufficient funds to cover the cost of the goods and services ordered.

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods and services which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.

CUSTOM OR BESPOKE ORDERS

All fine jewelry orders are custom cast and handmade to order in California. All orders do not go into production without full advance payment by the customer. Fine jewelry orders take approximately 6 – 8 weeks to produce and ship. Should you need your order before that time frame, it may be possible to rush your order for an additional fee. You can note your rush request in the comments section of the order. If this is possible, a sales representative will provide you with the additional cost and your credit card will be charged accordingly.

SHIPPING

Delivery costs, as outlined below, will be charged in addition; such additional charges will be included in the ‘Total Cost’ of your order.

Domestic shipping (excluding Hawaii, Alaska and Puerto Rico) is a $25 flat fee with FedEx ground shipping. Overnight and 2nd day shipping are available for an additional fee. Orders may not be shipped to P.O. Boxes or APO/FPO addresses. We ship internationally via FedEx for an additional fee. OCTAVIA ELIZABETH is not responsible for the payment of any duties, taxes or other fees assessed to international shipments and OCTAVIA ELIZABETH is not responsible for any delays or other issues that may arise when shipping internationally. Once your order has shipped, you will receive an email with your tracking number. All orders over $500 require a signature upon delivery. Please make sure you are available to sign for your order when it is delivered, as you are solely responsible for the acceptance of your order upon delivery. OCTAVIA ELIZABETH is not responsible for any lost packages, delayed delivery, force majeure, or any other issues once your order leaves OCTAVIA ELIZABETH. If your order is sent back to OCTAVIA ELIZABETH by the shipping company for failure to deliver, you will be required to pay for the re-shipment of your order. OCTAVIA ELIZABETH does not accept shipping accounts provided by the customer.

PAYMENT OPTIONS

We accept Visa, MasterCard, Discover Cards and American Express. We do not accept checks or money orders. Full payment is due before any order is processed and produced.

CUSTOMIZATIONS

Many pieces are able to be hand engraved if specially requested. Additional fees will apply. Please email theshop@octaviaelizabeth.com with “ENGRAVING REQUEST” in the subject within 24 hours of purchase. Script and block lettering available. As these products are hand stamped, please note that there may be slight imperfections in the stamping.

THE GIVING BANGLES

When ordering custom bangles, the sizing of the bangle is most important. To ensure a proper and comfortable fit on the client, each bangle is handcrafted and custom sized based upon the client’s wrist. Prior to ordering, the client should determine their size using the sizing chart. If the bangle is a gift, OCTAVIA ELIZABETH will send a bangle wrapped for the recipient to open upon the gifting day and then the sizing process will start thereafter. Sizing is kept on hand for clients, so once one bangle is properly sized, there will be no need to redo the process.

METALS & STONES

Each piece of OCTAVIA ELIZABETH jewelry is able to be made in 18k yellow, 18k white or 18k rose gold. Please specify when ordering in the drop down menu to ensure proper metal is selected. Stones purchased for engagement rings or otherwise must be paid for up front prior to fabrication process. OCTAVIA ELIZABETH has NO return policy for stones purchased in bespoke fabrication process.

RETURN & EXCHANGE POLICY: CUSTOM & FINE JEWELRY

All sales are final.

REPAIRS

Fine Jewelry

Should you wish to make any alterations to your OCTAVIA ELIZABETH fine jewelry, or require a repair, please reach out to a sales representative at: (424) 238-5382. Please note that the customer is responsible for the cost of the repair as well as the shipment, unless it is within 30 days of purchase and it has been determined that there is an issue with the product.

PRODUCT MAINTENANCE

For fine jewelry, OCTAVIA ELIZABETH is pleased to offer a one time complimentary cleaning and polishing. Customer is responsible for the shipping and handling of the items to and from OCTAVIA ELIZABETH headquarters.

BABY PARACHUTE BRACELET

The Octavia Elizabeth Baby Parachute Bracelet is meant to be adorned under adult supervision. Our products are hand-crafted with quality materials and may contain small parts that could pose as a potential choking hazard. Jewelry should always be removed during sleep, never be placed in the mouth, and should be placed out of the reach of young children or those who are likely to ingest the jewelry or its materials and components. Please note that the Baby Parachute Bracelet is jewelry. It is not a toy and could potentially pose as a strangulation or choking hazard and should always be worn or adorned with adult supervision. Never leave young children unattended with our products.

By purchasing from Octavia Elizabeth, the Customer agrees that the use of the jewelry is entirely at the customer’s own risk and without warranty. Customer acknowledges the risk of injury from any cause connected with his or her use of possession of said jewelry rests with the Customer. Supervision is required, it is at the Customer’s discretion for the use of our products.

PROMOTIONS

Any promotions offered by OCTAVIA ELIZABETH will state the time frame in which they can be used, along with any other limitations or excluded products. OCTAVIA ELIZABETH reserves the right to alter or cancel any promotion without notice. If a promotion is used incorrectly or being abused, OCTAVIA ELIZABETH has the right to cancel these orders and ban the usage of any further promotional material by such user.

WEBSITE IMAGERY

OCTAVIA ELIZABETH provides images of each item on the Website and endeavors to show as much detail as possible. However, viewing images online has its disadvantages as the size and color of the images may vary across digital screens and mobile devices. Measurements of select pieces are provided to help visual size.

MODIFICATIONS TO SERVICE/TERMINATION

OCTAVIA ELIZABETH reserves the right at any time to modify or discontinue the Service (or any part thereof). You agree that OCTAVIA ELIZABETH shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. You acknowledge that OCTAVIA ELIZABETH reserves the right to deactivate accounts, cancel orders, and/or refuse to accept orders from users that violate these Terms of Service or for such other reason as determined by OCTAVIA ELIZABETH.

OCTAVIA ELIZABETH PROPRIETARY RIGHTS

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service or the Website. You acknowledge that the Website and the Service contains copyrights, trademarks, service marks, or other intellectual property of OCTAVIA ELIZABETH. Unless specifically stated otherwise, OCTAVIA ELIZABETH owns the copyright to the Website, all images on the Website and on all jewelry designs as well as the rights in several trademarks.

You agree not to infringe upon OCTAVIA ELIZABETH’s intellectual property rights in any manner.

THIRD PARTY WEBSITES

Your dealings with advertisers or any links or third-party sites found on or through the Service and/or this Website are solely between you and such third-party. Because OCTAVIA ELIZABETH has no control over such sites and resources, you acknowledge and agree that OCTAVIA ELIZABETH is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, materials, advertising, products, promotions or any other activities or events and is not responsible for any loss or damage that may arise from your use of such sites. We suggest that you carefully read the applicable terms and privacy policies of any other site you may visit.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. OCTAVIA ELIZABETH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER aEXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. OCTAVIA ELIZABETH MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OCTAVIA ELIZABETH OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

LIMITATION OF LIABILITIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT OCTAVIA ELIZABETH SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF ANY FUNDS, TANGIBLE OR INTANGIBLE, LOSS OF PROFITS, GOODWILL, USE, DATA OR ANY OTHER LOSSES RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE USE OR PARTICIPATION IN ANY THIRD PARTY PRODUCT OR SERVICE OR OTHER SITES; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY YOU MAY ACCESS THROUGH THE SERVICE; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE.

EXCLUSIONS & LIABILITIES

Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability so some of the above limitations may not apply to you.

INDEMNITY

You agree to release, indemnify, defend, and to hold OCTAVIA ELIZABETH and its subsidiaries, affiliates, officers, agents, or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs regarding your breach of these Terms of Service and/or any claim or demand made by any third party due to or arising out of your use of the Website or Service or your violation or alleged violation of any rights of another.

AGE POLICY

OCTAVIA ELIZABETH complies with the Children’s Online Privacy Act. Our Website (and links that may be available through our Website), are not intended for persons under the age of eighteen (18). We do not knowingly collect information from such persons.

GENERAL INFORMATION

These Terms of Service constitute the entire agreement between you and OCTAVIA ELIZABETH, superseding any other agreements or understandings between you and OCTAVIA ELIZABETH. These Terms of Serivce and the relationship between you and OCTAVIA ELIZABETH shall be governed by the laws of the State of California and you agree to submit to the exclusive jurisdiction of the federal and state courts located in Los Angeles, California. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Service or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

MOBILE SERVICE OF TERMS

The Octavia Elizabeth mobile message service (the "Service") is operated by Octavia Elizabeth (“Octavia Elizabeth”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Octavia Elizabeth’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Octavia Elizabeth through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Octavia Elizabeth. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to Octavia or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Octavia Elizabeth mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to Octavia or email info@octaviaelizabeth.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

For questions regarding these Terms, please email info@octaviaelizabeth.com