Terms of service

TERMS OF SERVICE

Last Updated: March 21, 2021

OVERVIEW

Welcome to Empowered Mama Jewelry (“Company,” “we,” “us,” or “our”). We operate this website and online store, including all related content, features, tools, products, and services (collectively, the “Services”). The Services are hosted by Shopify, which provides the e-commerce platform enabling us to sell our products to you.

By accessing, browsing, or purchasing from our Services, you agree to be bound by these Terms of Service (“Terms”) and our Privacy Policy. If you do not agree, you may not access or use the Services.

These Terms include important provisions such as limitation of liability, assumption of risk, dispute resolution, and binding arbitration.

SECTION 1 – ELIGIBILITY & ACCOUNT RESPONSIBILITY

You represent that you are at least the age of majority in your jurisdiction.

You agree to provide accurate, complete, and current information for all purchases and accounts. You are solely responsible for maintaining the confidentiality of your account credentials and for all activity under your account.

We reserve the right to refuse service or cancel orders at our discretion.

SECTION 2 – CUSTOM PRODUCT ACKNOWLEDGMENT

Empowered Mama Jewelry specializes in custom, made-to-order keepsake and metalsmith jewelry incorporating customer-provided materials.

By placing an order, you acknowledge:

  • All custom items are final sale.

  • Custom pieces cannot be resold.

  • Variations in tone, color, finish, or texture are inherent to handmade products.

  • Minor imperfections do not constitute defects.

  • Design approval (sketch, CAD, written confirmation) constitutes final acceptance of aesthetic direction.

Subjective dissatisfaction after approval does not constitute grounds for refund.

SECTION 3 – INCLUSION MATERIALS & ASSUMPTION OF RISK

If you send breastmilk, ashes, hair, fabric, florals, sand, or any other sentimental materials (“Inclusions”), you acknowledge:

  • You voluntarily assume all risks in shipping such materials.

  • We are not liable for carrier loss, delay, theft, or damage in transit.

  • Organic materials may react unpredictably during preservation.

  • Exact color retention or outcome cannot be guaranteed.

Once received, inclusions are handled with professional care; however, you agree that our total liability is strictly limited to the purchase price of the product.

We are not liable for emotional distress, sentimental value, or consequential damages.

SECTION 4 – PROCESSING & TURNAROUND

Processing begins when inclusions are physically received and logged — not on order date.

Estimated turnaround: minimum 2 months, up to 4–4.5 months depending on volume.

Turnaround estimates are not guarantees.

Inclusions must be received within:

  • 1 year (standard metals)

  • 6 months (Solid Gold orders)

Failure to meet these deadlines may result in reactivation fees or repricing due to material cost changes.

SECTION 5 – SHIPPING & RISK OF LOSS

Title and risk of loss transfer to you once the product is delivered to and scanned by the shipping carrier.

We are not responsible for:

  • Lost packages

  • Stolen packages

  • Packages marked “Delivered”

  • Incorrect shipping addresses

  • Carrier delays

  • Weather events

  • Customs delays

Tracking is provided. Monitoring tracking is the customer’s responsibility.

Shipping insurance and signature confirmation are optional and must be selected at checkout. If not selected, you assume full risk of loss once shipped.

If insurance is selected, we will assist in filing a claim, but approval is determined solely by the carrier.

SECTION 6 – HIGH-VALUE SOLID GOLD ORDERS

For Solid Gold and high-value pieces:

  1. Market Volatility
    Gold prices fluctuate daily. If inclusions are not received within 6 months, repricing may occur.

  2. Security Measures
    We may require signature confirmation, insurance, identity verification, or billing verification.

  3. Fraud Prevention
    All high-value pieces are photographed and documented prior to shipment.

  4. Shipping Upgrades
    We reserve the right to upgrade shipping methods for security.

SECTION 7 – PRICING & BILLING

Prices may change without notice. Taxes, shipping, customs, and fees are additional unless stated otherwise.

You represent that payment information provided is accurate and authorized.

We reserve the right to cancel orders due to pricing errors.

SECTION 8 – INTELLECTUAL PROPERTY

All content, designs, photographs, logos, and materials are the property of Empowered Mama Jewelry and protected by intellectual property laws.

Unauthorized reproduction or distribution is prohibited.

SECTION 9 – DISCLAIMER OF WARRANTIES

All Services and products are provided “AS IS” and “AS AVAILABLE.”

To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability and fitness for a particular purpose.

SECTION 10 – LIMITATION OF LIABILITY

To the fullest extent permitted by law:

Our maximum aggregate liability for any claim shall not exceed the amount paid for the specific product giving rise to the claim.

We shall not be liable for indirect, incidental, punitive, emotional, sentimental, or consequential damages.

SECTION 11 – CHARGEBACK & PAYMENT DISPUTES

You agree to contact us directly before initiating a dispute.

If a chargeback is filed:

  • Production and shipment will immediately pause.

  • Orders with open disputes will not be fulfilled.

  • We reserve the right to submit all documentation to the payment processor.

  • We reserve the right to recover chargeback fees and associated costs in cases of fraudulent disputes.

Customers initiating unjustified chargebacks may be banned from future purchases.

SECTION 12 – INDEMNIFICATION

You agree to indemnify and hold harmless Empowered Mama Jewelry from any claims, damages, losses, or legal fees arising from:

  • Your breach of these Terms

  • Your violation of any law

  • Your misuse of the Services

SECTION 13 – FORCE MAJEURE

We are not liable for delays or failure due to events beyond our control, including:

  • Natural disasters

  • Postal disruptions

  • Supply shortages

  • Government action

  • Illness or emergency

  • Power or internet outages

SECTION 14 – BINDING ARBITRATION & CLASS ACTION WAIVER

Any dispute arising from these Terms or your purchase shall be resolved exclusively through binding arbitration in Florida under the rules of the American Arbitration Association.

You waive:

  • The right to a jury trial

  • The right to participate in a class action

  • The right to join claims with other customers

If arbitration is deemed unenforceable, venue remains exclusively in Florida courts.

SECTION 15 – GOVERNING LAW

These Terms shall be governed by the laws of the State of Florida.

You consent to jurisdiction in Florida courts.

SECTION 16 – SEVERABILITY

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

SECTION 17 – CHANGES TO TERMS

We reserve the right to update these Terms at any time. Continued use of the Services constitutes acceptance of changes.

SECTION 18 – CONTACT

Empowered Mama Jewelry
PO BOX 15391
Brooksville, FL 34604
hello@empoweredmamajewelry.com