Legal Policies

We thank you, the “User”, for visiting the Mindham Fine Jewellery website (“Website”). Please take note of our Legal Policies and understand that by accessing our website in any manner (including automated or other means), you are agreeing to be bound by these Legal Policies.

 

This section of our website covers the following topics:

 

  1. TERMS OF WEBSITE USE

A few general points to note:

  • Users are not allowed to collect (or “harvest”) information from our Website using automated software or manually on a mass basis.
  • Users are not to use automated means to access the Website or gain unauthorized access to the website or to any account or computer system connected to the Website
  • Users are not to attempt to access areas of our Website that are not intended for public access.
  • Users are requested to not “flood” the Website with requests, as this will overburden and disrupt the system.
  • Users are not allowed to circumvent or reverse engineer the Website or its system.  Users must not restrict or inhibit other users from using this Website.
  1. Termination or Suspension of Website Access

    Mindham Fine Jewellery reserves the right to terminate or suspend your access to the Website at our discretion for any reason we deem reasonable, including violation of the legal clauses herein, and/or for violation of our intellectual property rights described below.  In the event that a user’s access or use of the Website is terminated or suspended, the User will continue to be bound by the legal policies described herein as of the date of the termination or suspension.

     

  2. Links to External Websites

    This website may contain links to other websites, such as magazines, social media platforms, Mindham business partners or other third parties.  Such links are provided for the Users’ convenience and the User assumes the risks of accessing these webpages and is bound by their website terms of use.  Mindham does not bear any responsibility for the content of such sites.

     

  3. Website Registration

    We offer the ability for Users to create a personalized account on our Website and register your personal data with us.  We will protect your information as described more fully in the Privacy Policy below.  However, when submitting data, you are agreeing to provide true, accurate and current information, and you are responsible for updating your information, including your contact information, so that we can reliably contact you as necessary.  The information you submit must describe you (you may not impersonate another person or entity), and you also cannot share, sell or transfer your own account information.

     

  4. Electronic Communications

    Communication between users and Mindham Fine Jewellery via this Website, as well as other electronic means such as emails, satisfy any legal requirements such communications would satisfy if done in writing, and any agreements made therein are binding at law.  This does not affect or limit any applicable non-waivable rights at law.

     

  5. Changes to Information on Website

    We reserve the right to make changes to, or to suspend or discontinue (permanently or temporarily), this Website or portions thereof.  You agree that we will not be liable to you or to any third party for any such modification, suspension or discontinuance.

    Changes to the website may include, but are not limited to:

    • Price fluctuations. If there are significant market changes for materials we reserve the right to change our pricing accordingly.  The pricing on the day of purchase shall be considered to be the relevant price, notwithstanding previous pricing displayed on the website or quoted by other means.
    • Item discontinuances. We reserve the right to discontinue items or designs displayed on our website, whether they are Mindham items or items by our licensors and business partners.  We shall not be held liable for the unavailability of discontinued items.

     

  6. Disclaimer of Warrantees

    We are providing this Website for your convenience on an “as is” and “as available” basis, and use of this Website is at your own risk.  This means we make no implied or express promises that:

    • The Website will be available at any particular time
    • The Website will meet any particular requirements or provide any particular results
    • The information on the Website will be accurate or up-to-date
    • The website or the information transmitted to or from it or stored on it will be secure from unauthorized access, or
    • The Website will be uninterrupted or error-free or will be free of viruses or other harmful components, or that defects will be corrected

     

  1. WEBSITE PRICING, SHIPPING, DUTIES AND TAXES

The prices posted on this Website are in Canadian Dollars and are subject to change due to market fluctuations.  The price listed on the day of purchase is the applicable price for goods.  The listed price is exclusive of shipping (which varies depending on your location as well as any insurance or special shipping requirements your item of choice requires), any applicable duties and taxes.  A member of our Sales Team will be able to calculate these costs for you before you finalize your order.

  1. RETURN POLICY

While we hope you are pleased with your purchases from Mindham Fine Jewellery, we offer the following return policy, which applies equally to purchases initiated through our online service:

  • Returns will be processed for store credit only, and no full refunds shall be issued.
  • Stock items returned in like-new condition within 15 calendar days of the latter of purchase or delivery (for items that are shipped to you), are eligible for store credit at their full purchase value.
  • Unfortunately items in worn condition, custom/special orders, and items returned more than 15 days after purchase are not eligible for store credit. However they may be accepted on a consignment basis, at the sole discretion of Mindham Fine Jewellery.
  1. INTELLECTUAL PROPERTY RIGHTS

Mindham Fine Jewellery, including our licensors and/or business partners, own the intellectual property rights to all content on this website, this includes but is not limited to all designs, images, articles, publications, photos, trademarks, copyrights and artworks displayed on this Website.  Users may use this Website and its content for personal, non-commercial use, but may not use it for commercial purposes or for replication of jewellery designs displayed on our website, whether for personal or commercial purposes.  You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, or distribute in any manner or means (including email or other electronic means) material from this website unless authorized to do so by the Legal Policies described herein.  

 

Please note that unless agreed to explicitly in writing, if you contact us through this website, via phone/email or in person and submit any materials, include designs or images, you are granting us and our affiliates a royalty-free, perpetual, irrevocable, transferable, assignable, sub-licensable, worldwide license to use all such materials, and that you are representing that these materials are original to you and that you have the right to grant us the rights to said materials.

  1. IN CASE OF LEGAL DISPUTES
  1. GOVERNING JURISDICTION

    Website Users, and Mindham Fine Jewellery must comply with all applicable laws and contractual obligations when using this website.  

    As Mindham Fine Jewellery is located in Toronto, Ontario, Canada, all local legislation and regulations are the applicable law regarding the Legal Terms of using this Website.  Users who access this Website from other locations are responsible for compliance with local laws and are subject to any applicable laws in their location of use.

    Any dispute between Mindham Fine Jewellery and a User of its website shall be litigated by either party in a court of competent jurisdiction only in the City of Toronto, or, if such court will not take jurisdiction, then in a competent court within the province of Ontario.  Both parties agree to not plead or claim in such a court that any such action has been brought in an inconvenient forum.  The only exception to this exclusive jurisdiction is if, by law, the matter must be heard by a tribunal, such as the Ontario Human Rights Tribunal, with legal authority to hear the matter.

     

  2. SEVERABILITY

    If any provision of these Legal Policies shall be held invalid, void, illegal or unenforceable, or is not enforced by Mindham Fine Jewellery for reasons of its own choosing, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

     

  3. INDEMNIFICATION

    The User agrees to indemnify, defend and hold us and our affiliates, directors, officers, employees and agents harmless from and against any claims, liabilities, losses, damages, costs and expenses, including reasonable legal fees, arising from your use of this Website or any violations of the Legal Terms applicable to this Website, or applicable law by ou or by someone accessing the Website via your account.  

     

  4. THIRD PARTY GOODS AND SERVICES

    Mindham Fine Jewellery offers merchandise and services from a few select Licensors, Agents and Third-Parties.  Mindham Fine Jewellery shall not be held liable for disputes between users and the aforementioned parties.

     

    1. PRIVACY POLICY

    Mindham Fine Jewellery Inc. (“MINDHAM FINE JEWELLERY”) recognizes the importance of your right to privacy. We are committed to protecting the privacy of any personal information we collect about you. It is an important aspect of the way MINDHAM FINE JEWELLERY conducts its business.

     

    The purpose of this Privacy Policy is to describe to you the types of information we gather and how we use this information. This Privacy Policy applies to the personal information of all individuals, except employees. For employees or persons who seek to be employed, such information is covered by the MINDHAM FINE JEWELLERY

    Employee Privacy Policy.  As our business evolves, we may update this policy, and the other Legal Policies described here, so we encourage you to review this page periodically for updated information.

     

    Privacy Policy Effective for Canada

    It is the policy of Mindham Fine Jewellery to comply with privacy legislation within the jurisdiction of Ontario, Canada.  If you are located outside of Canada, please know that the information you provide to us is being transmitted to and processed in Toronto, Ontario, Canada and will be subject to relevant provincial and Federal law, which may be different from the laws of your location.  Also, as with many websites, this Website may put cookies and local shared data on your computer or device.  This information may be used by us or our agents on our behalf to improve the website user experience for our customers or for other business purposes.

    What is Personal Information?

    “Personal Information” is any information that can be used to identify an individual. This includes your name, age, telephone number(s), address, credit card details, email address and any other personally identifiable information that you choose to provide MINDHAM FINE JEWELLERY. It does not include business contact information, when used for business communications. 

    Identification, Collection, Use and Disclosure of Personal Information 

    1. When does Mindham Fine Jewellery collect Personal Information?

      We collect various types of Personal Information from you when:

      • you provide it at the time of purchase
      • when you sign up for our mailing list
      • when you make inquiries using the Mindham.com website (“Website”)
      • when you require that an item be shipped or repaired
      • when you contact us
      • To protect our brand and our business, MINDHAM FINE JEWELLERY may require you to provide information to verify your identity to complete a purchase or if you seek to return a product.
    2. Why does Mindham Fine Jewellery Collect your Personal Information? We use Personal Information to develop and manage our relationship with you and to provide goods and services in the ordinary course of business. We use Personal Information in an effort to:
      • create a superior shopping experience
      • permit you to purchase directly in the store
      • authenticate purchases, payments and process orders
      • protect you and us from error and fraud
      • keep you informed of our special events or product offerings
      • communicate with you regarding orders
      • arrange delivery of purchases, returns or repairs
      • improve operational efficiencies
      • understand your preferences, recommend particular products or services to meet your needs and desires
      • respond to your inquiries or other communications
      • protect the integrity of our brand
      • any additional purpose set out in this Privacy Policy or which you may subsequently be informed about or consent to.

       

      You can visit the Website without identifying yourself, including your email address. Our web server may collect information related to your visit to the Website, including the IP address and domain used to access our website, the type and version of your browser, the website you came from to access our website, the page you entered and exited at, any website page that is viewed by that IP address and what country you are from. We use this information to monitor our Website’s performance (such as number of visits, average time spent, page views) and for our business purposes such as working to continually upgrade our website.

    3. How does Mindham Fine Jewellery Use and Disclose Your Personal Information?

      Personal Information collected by MINDHAM FINE JEWELLERY will only be used or disclosed for purposes described in this Privacy Policy or for other purposes that we have informed you of at the time of collecting that information or for which we obtain your consent subsequent to collection.

      We may use or disclose your Personal Information without your knowledge or consent where we are permitted or required by applicable law or regulatory requirements to do so.

    4. When may Mindham Fine Jewellery disclose Personal Information?

      Mindham Fine Jewellery treats the Personal Information of its clients with the strictest confidentiality. We will never sell, trade, rent or lease your Personal Information to any other organization. We will only transfer or disclose Personal Information to Service

      Providers (defined below); as described in this Privacy Policy; or as you may consent.

      Service Providers:  Mindham Fine Jewellery uses trusted third parties to act on our behalf to assist us to manage our customer relationships by performing such functions as fulfilling orders, delivering packages, processing credit card payments, managing our website, or providing customer service (“Service Providers”). We may share your Personal Information with our Service Providers who require such information to assist us with managing our relationship with you. When we retain Service Providers, contractual or other appropriate means are used to ensure compliance by such third parties with this Privacy Policy. No Service Provider will have any independent right to use or disclose Personal Information provided to them by us.

      Other disclosures: Mindham Fine Jewellery also may disclose Personal Information about you in order to:

      • protect or enforce the legal rights, privacy or safety of our employees, agents, and contractors
      • protect the safety and security of visitors to our website, stores or other properties
      • protect against fraud or other illegal activity, unauthorized resale or for risk management purposes
      • collect debt
      • respond to inquiries or requests from government or public authorities
      • permit us to pursue available remedies or limit the damages that we may sustain
      • enforce our Terms of Use or the terms and conditions applicable to any contest, promotion or program
      • comply with applicable laws or legal process.

       

    5. Social Media

      We have incorporated some third-party social networking features onto our Website.  Through these platforms we may receive some personal information and website usage information about you.  This Privacy Policy applies to any such information.  Please note that social media platforms have their own privacy policies, which we encourage you to read.  In accordance with those policies (and the privacy settings you have set within your social media platforms), information about your activities on our Website may be published to your social network.  For example, it may be published on your network that you “like” a particular design from our website.  

      Mindham Fine Jewellery shall not be held liable to any misuse of personal information by social networking platforms linked on our website or hacking into data bases of information belonging to these social networking platforms.

    6. Your Consent is Important to Us

      It is important to us that we collect, use or disclose your Personal Information where we have your consent to do so. We assume that, unless you advise us otherwise, by providing us with your Personal Information directly, and if you decide to use the Website, by agreeing to the Website Terms and Conditions posted on the website, you consent to the collection, use and the disclosure of your information, including personal and financial information, by Mindham Fine Jewellery on the terms described in this Privacy Policy.

       

      Depending on the sensitivity of the Personal Information, your consent may be implied, deemed (using an opt-out mechanism) or express. Express consent can be given orally, electronically or in writing. Implied consent is consent that can reasonably be inferred from your action or inaction. For example, when you purchase an item from the store or the website or seek to return it, it is implied that you consent to the collection, use and disclosure of your Personal Information for purposes related to that transaction and to validate that the Personal Information will be eligible for future services by the Mindham Fine Jewellery and for any other purposes identified to you at the relevant time. By choosing to provide us with your Personal Information, Mindham Fine Jewellery will assume your consent to its collection, use or disclosure your Personal Information in accordance with the principles outlined in this Privacy Policy and as may be further outlined at the time of collection.

      As a general rule, Mindham Fine Jewellery collects Personal Information directly from you. In those circumstances where the Personal Information that we collect about you is held by a third party, we will obtain your permission before we seek out this information from such sources (such permission may be given directly by you, or implied from your actions) or we will take reasonable steps to ensure that such third parties have represented to us that they have a right to disclose that information to us.

      Where permitted or required by applicable law or regulatory requirements, we may collect information about you without your knowledge or consent.

    7. Your Consent to receiving other information from us

      By providing us with your contact information, you agree and consent to Mindham Fine Jewellery sending you information, by any media and at any address of yours which you have provided to Mindham Fine Jewellery, concerning any Mindham Fine Jewellery product promotion, advertisements, marketing information or other customer related materials. All communication to you by email will include an option for you to cancel, unsubscribe and withdraw your consent at any time.

    8. Withdrawal of consent and modification of information

      You may modify your Personal Information at any time by logging into your account or by calling us for assistance.  

       

      You may also at any time withdraw consent to the collection, use and disclosure of your Personal Information at any time, subject to legal or contractual restrictions and reasonable notice by contacting our Sales Team. All communications with respect to such withdrawal or variation of consent should be sent in writing. In some circumstances, if you choose not to provide Personal Information, or if you request a change or withdrawal of consent, our ability to provide products or services to you may be severely limited or made impossible.

    9. Security

      Mindham Fine Jewellery takes great care to protect the security and integrity of your Personal Information.  To prevent your Personal Information from loss and unauthorized access, copying, use, modification or disclosure, we endeavor to maintain physical, technical and procedural safeguards that are appropriate to the sensitivity of the Personal Information in question. Due to the nature of the Internet, we cannot guarantee intrusion by others, such as hackers and will bear no liability for disclosure of your Personal Information due to the unauthorized acts of third-parties, provided that we have taken reasonable measures and safeguards.

       

      The security of your Personal Information is important to us, so please advise us immediately should you become aware of any incident involving the loss or unauthorized access to or disclosure of Personal Information that is in our custody or control.

    10. Accuracy

      Mindham Fine Jewellery will make reasonable efforts to ensure that Personal Information of individuals is as accurate, complete and up-to-date as is necessary for the purposes for which it is to be used, but we also rely on you to provide us with any changes to your Personal Information, and in particular to your contact information.

    11. Inquiries or Concerns

      Please contact us with any questions, complaints, concerns or suggestions with respect to any potential inaccuracies in the information held, or about Mindham Fine Jewellery compliance with this Privacy Policy or applicable privacy legislation. Mindham Fine Jewellery is committed to providing the highest quality of service, and considers all requests serious; we will investigate any complaints or concerns thoroughly. 

    12. Changes and Updates to Policy

      This Privacy Policy reflects Mindham Fine Jewellery current business practices, and may be changed or updated at any time to reflect changes in its legal or regulatory obligations or in the manner in which we deal with your Personal Information.  Changes take effect immediately upon revision. You should periodically check the Privacy Policy to remain informed about the most current policy.

    Thank you for reading our Legal Policies.  Please contact us should you have any questions or concerns.