Terms of Service
OVERVIEW
Welcome to earielle! The terms “I”, “me”, and “my” refer to earielle, a sole proprietorship. I operate this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”).
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services. Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability. By visiting, interacting with or using my Services, you agree to be bound by these Terms of Service and my Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access my Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given me your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing my online store or purchasing any of the products I offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide is correct, current and complete and that you have all rights necessary to provide this information.
SECTION 2 – MY PRODUCTS
By purchasing or using any product through the Services, you acknowledge and agree to the following:
Hypoallergenic Claims. Some products are described as “hypoallergenic,” “implant-grade,” or suitable for sensitive skin. These descriptions reflect the material specifications and industry standards for the metals and coatings used (such as titanium and stainless steel). However, no product can be guaranteed to be completely free of any risk of irritation or allergic reaction for every individual. Skin sensitivities and allergic responses vary from person to person, and I make no warranty or guarantee that any product will not cause irritation, allergic reaction, or other adverse response in any particular user.
Individual Reactions. You acknowledge that you are solely responsible for determining whether a product is appropriate for your own skin, piercing, and health circumstances. I am not responsible for any irritation, rash, inflammation, infection, or other reaction resulting from the use of my products. If you experience discomfort or any adverse symptoms after wearing a product, discontinue use immediately and consult a qualified medical professional or licensed piercer.
No Medical or Professional Piercing Advice. I do not perform piercings and am not a medical provider. Any information provided through the Services, including product descriptions, care guides, FAQs, social media, or customer support communications, is for general informational purposes only and does not constitute medical or professional piercing advice. Always consult a licensed piercer or qualified healthcare provider regarding piercing suitability, healing status, metal sensitivities, or any health concern.
Healed Piercings Only. earielle products are intended for use in fully healed piercings only. I am not responsible for irritation, infection, or complications resulting from use in new, unhealed, or improperly healed piercings, or from failure to follow proper hygiene and aftercare practices.
Materials and Coatings. Certain products include plated, coated, or finished metals. Normal wear, moisture, chemical exposure, or individual skin chemistry may affect the appearance or durability of these finishes over time. I do not guarantee that any coating or finish will last for any specific period of time.
Not Intended for Children. earielle products are jewelry, not toys, and may include small parts that present a choking hazard. Products should not be given to or used by young children without appropriate adult supervision, and I am not responsible for misuse by children.
Product Presentation. I have made every effort to provide an accurate representation of my products in my online store. However, please note that colors or product appearance may differ from how they appear on your screen due to your device settings. I do not warrant that the appearance or quality of any products will exactly meet your expectations.
Changes to Product Descriptions. All descriptions of products are subject to change at any time without notice at my sole discretion. I reserve the right to discontinue any product at any time and may limit the quantities of any products that I offer to any person, geographic region or jurisdiction.
SECTION 3 – ORDERS, RETURNS, AND EXCHANGES
When you place an order, you are making an offer to purchase. I reserve the right to accept or decline your order for any reason at my discretion. Your order is not accepted until I confirm acceptance.
Returns for Defects: I stand by the quality of my jewelry. If an item arrives defective or damaged, I will accept returns and process refunds or exchanges free of charge.
Returns for Satisfaction: If you are simply unsatisfied with your purchase, you may return or exchange the jewelry. However, please note that the original shipping costs are strictly non-refundable, and your return may be subject to a restocking fee.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 4 – PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at my store. You represent and warrant that (i) the payment information you provide is true, correct, and complete, (ii) you are duly authorized to use such payment method, and (iii) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes.
SECTION 5 – SHIPPING, CUSTOMS, AND DELIVERY
I am not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. I am not responsible for delays caused by shipping carriers, customs processing, or events outside my control. Once I transfer products to the carrier, title and risk of loss passes to you.
International Orders (including Canada and Australia): I ship internationally; however, I am not responsible for any customs clearance delays, nor am I responsible for collecting or paying any value-added taxes (VAT), import duties, tariffs, or other customs fees. You, the buyer, are solely responsible for paying any applicable customs duties or import taxes levied by your destination country upon arrival.
SECTION 6 – INTELLECTUAL PROPERTY
My Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by me (earielle) and are protected by U.S. and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without my prior written consent.
SECTION 7 – OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which I neither monitor nor have any control nor input over. You acknowledge and agree that I provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind. I shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties. I am not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.
SECTION 9 – PRIVACY POLICY
All personal information I collect through the Services, including email addresses collected for my newsletter, is subject to my Privacy Policy. By using the Services, you acknowledge that you have read and agree to my data collection practices.
SECTION 10 – FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, or other content (collectively, “Feedback”), you grant me a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. I am under no obligation to maintain your Feedback in confidence, pay compensation, or respond to your Feedback.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. I reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice.
SECTION 12 – PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate my intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any other person; (e) to transmit false or misleading information; (f) to upload or transmit viruses or any other type of malicious code; (g) to spam, phish, pharm, or pretext the services; (h) to use any robot, spider, scraping, AI tools or automated means to access the Services. I reserve the right to suspend or terminate your access at any time if I determine you have violated any part of these Terms.
SECTION 13 – AGENTS
13.1 This section (“Agent Terms”) applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. “Agent” means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity.13.2 No Agent may access, use, or interact with Services unless it identifies itself in all HTTP/HTTPS requests by including “Agent/[agent name]” in the user agent string. Agents must not conceal or obfuscate that interactions are from an Agent, nor circumvent any measure intended to block, limit, modify, or control how Agents interact with the Services.
SECTION 14 – TERMINATION
I may terminate this agreement or your access to the Services in my sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
SECTION 15 – DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY STATED BY ME, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE 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. I DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
SECTION 16 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL I, EARIELLE, OR MY AGENTS, CONTRACTORS, OR SERVICE PROVIDERS 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, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless me (earielle) and my agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys’ fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
SECTION 18 – 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.
SECTION 19 – WAIVER; ENTIRE AGREEMENT
My failure 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 constitute the entire agreement and understanding between you and me and governs your use of the Service.
SECTION 20 – ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without my prior written consent. I may transfer, assign, or delegate these Terms and my rights and obligations without consent or notice to you.
SECTION 21 – GOVERNING LAW
These Terms of Service and any separate agreements whereby I provide you Services shall be governed by and construed in accordance with the federal and state courts located in King County, Washington. You and earielle consent to venue and personal jurisdiction in such courts.
SECTION 22 – HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 23 – CHANGES TO TERMS OF SERVICE
I reserve the right, in my sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to my website. It is your responsibility to check my website periodically for changes. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.
SECTION 24 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to me at earielle.shop@gmail.com.
Privacy Policy
This Privacy Policy describes how your personal information is collected, used, and shared when you visit or make a purchase from earielle (the “Site”).
SECTION 1 – WHAT PERSONAL INFORMATION I COLLECT
When you visit the Site, I automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, I collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. I refer to this automatically-collected information as “Device Information.”
I collect Device Information using the following technologies:
- Cookies: Data files that are placed on your device or computer and often include an anonymous unique identifier. They are essential for keeping track of your shopping cart contents and session.
- Log Files: Track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
Additionally, when you make a purchase or attempt to make a purchase through the Site, I collect certain information from you, including your name, billing address, shipping address, payment information, email address, and phone number. I refer to this information as “Order Information.”
If you choose to submit your email address to me through the contact or interest forms on my site (powered by Fluent Forms), I collect and store that email address to communicate with you.
When I talk about “Personal Information” in this Privacy Policy, I am talking both about Device Information and Order Information.
SECTION 2 – HOW I USE YOUR PERSONAL INFORMATION
I use the Order Information that I collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, I use this Order Information to:
- Communicate with you regarding your order or inquiries;
- Screen my orders for potential risk or fraud; and
- When in line with the preferences you have shared with me, provide you with information or advertising relating to my products.
I use the Device Information that I collect to help me screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize my Site (for example, by generating Jetpack analytics about how my customers browse and interact with the Site, and to assess the success of my store design).
SECTION 3 – SHARING YOUR PERSONAL INFORMATION
I share your Personal Information with trusted third parties to help me operate my business, process your payments, and ship your orders.
- Store Operations & Hosting: My store is built on WordPress using WooCommerce and is hosted via Hostinger. These platforms securely process your data so my shop can function.
- Payment Processing: I use a variety of secure payment gateways. Depending on the payment method you choose at checkout, your data will be securely processed by WooPayments (which handles Apple Pay, Google Pay, Klarna, Affirm, and Afterpay), PayPal, or Venmo. I do not see or store your full credit card numbers; that data is encrypted and handled directly by these processors.
- Shipping & Logistics: To get your jewelry to you, I share your shipping details with shipping integrators and carriers, including Pirate Ship and Octolize, to generate shipping labels and calculate live rates.
- Site Features: I use Fluent Forms to manage the contact forms and email collection on my site, and Jetpack to monitor site performance and basic visitor analytics.
Finally, I may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information I receive, or to otherwise protect my rights.
SECTION 4 – DO NOT TRACK
Please note that I do not alter my Site’s data collection and use practices when I see a Do Not Track signal from your browser. Because I do not use targeted advertising or third-party retargeting pixels, your browsing behavior on my Site is not sold to advertising networks.
SECTION 5 – DATA RETENTION
When you place an order through the Site, I will maintain your Order Information for my records unless and until you ask me to delete this information. I am required to keep certain transaction records for tax and legal compliance purposes.
SECTION 6 – YOUR RIGHTS
If you are a resident of certain territories, including Canada and Australia, you have the right to access personal information I hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact me through the contact information below.
SECTION 7 – CHANGES
I may update this privacy policy from time to time in order to reflect, for example, changes to my practices or for other operational, legal or regulatory reasons.
SECTION 8 – CONTACT ME
For more information about my privacy practices, if you have questions, or if you would like to make a complaint, please contact me by e-mail at earielle.shop@gmail.com.