Terms of Sale

OVERVIEW

These Terms of Sale govern the purchase and sale of products from NEHME JEWELERS. By placing an order with us, you agree to be bound by these terms and conditions.

In the context of this agreement, the terms "we", "us", "our", "NEHME", "NEHME JEWELER", "NEHME JEWELRY", "MIKEY", "MIKEYJEWELER", "MIKEY JEWELRY" refer to NEHME. In the context of an agreement to make, sell and purchase jewelry, the term "Custom" refers to: a piece of jewelry that is made to the client's specific request, design plan, timeframe, instructions, and purpose. It includes all resources, including intellectual property, required to make and complete the ordered item, specifically: metals, gems, design, and fit.

This agreement also covers Custom-made and customized items that do not meet the definition of Custom and Made-To-Order Fine Jewelry piece/s as they are based on the seller's standard range. Custom-made and customized items have individual design alterations or rearranged features that create a non-standard personalized item. All clauses within this agreement extend to custom-made and customized items as ordered and agreed to by the client.

Custom and Made-To-Order Fine Jewelry (hereafter referred to as piece/s) ordered through the seller (hereafter referred to as NEHME) are subject to the following conditions:

DESIGN CONSULTATION

After booking, the appointment includes a fifty (50) minute meeting with the designer to discuss the client's design and budget as well as a series of communications about the design that results in the development of a digital 3D blueprint (CAD) of the intended design.

A non-refundable consultation fee of $200 per design is required which must be paid to proceed with design. Once deposit is received, the consultation fee will be applied toward the final price. NEHME reserves the right to waive the consultation fee where see's fit.

The consultation includes the full development of the bespoke design including identifying all materials and gems in the work order to later create a 3D CAD model of the piece. An accurate quotation can only be given after the completion of the design and 3D model. Anything not mentioned on the work order will NOT be implemented into the piece.

NEHME agrees to consult with the client in a timely fashion should an adjustment in price be required. The client agrees to respond and provide instructions to NEHME within two (2) days (48 hours) of receiving this advice.

If 14 days have elapsed from the date of consultation, the client would have forfeited his/her consultation fee and the value can no longer be applied towards the purchase. NEHME reserves the right to extend this period on a case-by-case basis.

QUOTATION & PAYMENT

Quotes for any pieces produced by NEHME are based on the cost of the required resources, including solid components, design services, and time spent, at the time of order.

Due to the time, resources, and skills required to make pieces, in the event of a non-completed sale, the client agrees that the non-refundable paid deposit will be used in its entirety by NEHME to recover the costs associated with the making of the client's ordered piece.

The payment of a deposit is an agreement between NEHME and the client to make and provide the pieces as per the agreed work order.

The payment of a deposit is an agreement between the client and NEHME to purchase and complete payment for the pieces as per the agreed work order and quoted costs.

NEHME reserves the right to adjust the final cost of the pieces in response to market changes but agrees to limit this adjustment, if and as required, to no more than 20% of the original quoted cost.

Payment of a non-refundable deposit of either 50% of the finished cost, as quoted upon completion of the 3D model, or the total cost of the resources required to complete the pieces (as agreed to by both parties) is required to begin production.

Acceptable forms of payment to NEHME may include: cash, e-transfer, credit cards, wire payment, money order, bank draft, or cryptocurrency.

RIGHTS & RESPONSIBILITIES

During the consultation process, NEHME agrees to faithfully and fully record the client's ideas and design elements, along with NEHME's own design advice, in the work order.

NEHME agrees to regularly consult, if and as required, with the client during the manufacturing process.

The client agrees to regularly consult, if and as required, with NEHME during the manufacturing process.

NEHME will create each piece strictly according to the details agreed upon, written, and approved on the work order. It is the client's sole responsibility to provide accurate measurements and sizes for their order. Any costs associated with edits due to incorrect information will be covered by the client. If a request is not explicitly stated on the work order, it will not be considered approved or included in the final piece.

NEHME does not agree to use client-provided metals. Any cost adjustments resulting from the use of the client's own resources will be discussed as part of the design consultation and agreed to, by both parties, prior to accepting and starting the manufacturing process for the piece/s.

In this context, NEHME does not accept customer-supplied stones or gems except for center stones larger than 1.00 carat, depending on the design. No other types of customer-supplied stones will be accepted.

NEHME agrees to take all reasonable care when using client-provided gems, in both set and un-set states but does not guarantee nor insure against breakage or damage for any gems independently sourced by the client for use in pieces.

The client releases NEHME from any claims of damage or liability that may be incurred when handling client-provided gems, including damage by third parties, and holds harmless NEHME, against any stone damage due to stone flaws or existing stone cracks, chipping, flaws, or inclusions that may be discovered.

Clients sourcing their own diamonds/gemstones are required to insure their stones against possible damage during manufacturing. Stones and gems purchased from NEHME are covered under our own jeweler's block insurance policy.

In the event of a breakage or damage occurring to a client's own stones or gems, replacement stones and gems can be selected by the client in consultation with NEHME, and the final costs will be adjusted and agreed to, at that time.

Should the client mail in (at the client's cost and complete liability for any loss or damage through shipping) or hand deliver a gemstone or a piece of jewelry containing a gemstone to be used, the client acknowledges that there is reasonable risk involved in removing stones from mountings and setting stones.

Client's who source center stones and/or gems from NEHME, are required to submit full payment in advance of production.

Both parties agree in principle that NEHME is the authority on resources and CAD designs for the piece and acts in good faith regarding any advice and technical knowledge given to the client as part of the design process.

If NEHME requires the client's feedback on the design and if the client is delayed in providing said feedback, NEHME reserves the right to revise the delivery schedule.

The terms of any/all privacy agreements between NEHME and the client are to be agreed to by both parties at the time of ordering and on payment of the non-refundable deposit.

NEHME reserves the right to refuse to accept, or to cease working on, any order if the terms and/or the intent of this agreement are breached in any way by the client.

NEHME reserves the right to decline custom jewelry projects and orders based on the best interests of the company.

NEHME understands its responsibilities as a trader and abides by the principles of Fair Trading.

Both parties agree that this is a fair and binding term of sale and service document as discussed and agreed to at the time of order.

CANCELLATIONS AND CHANGES

Changes to the order may be allowed at the discretion of NEHME but will incur additional fees to cover any additional costs that are incurred as a result of the changes.

The client agrees that if they decide to cancel their order after the manufacturing process has begun, a cancellation fee of 50% of the total cost of the pieces will be assessed to cover any costs that have already been incurred.

All cancellations and changes must be requested in writing via email: contact@nehmejewelers.com. NEHME reserves the right to refuse any cancellations or changes that are requested after the manufacturing process has begun. The client is responsible for any fees or costs associated with cancelling or changing the order, as outlined in this document.

Any/all design change requests made by the client in regard to the finished piece will be at the client's cost. If the changes requested by the client were recorded and formed part of the original work order but can be shown to not be reasonably represented in the finished piece, then the costs of these specified changes will be covered by NEHME.

In this context, requested changes do not include the replacement of gems and stones due to revised preferences. All gems and stones will be selected prior to manufacture and implemented into the final pieces in good faith, by NEHME.

SHIPPING, DELIVERY & RETURNS

NEHME can ship the final product to the address the Client provides. The jewelry pieces will be valued at the price paid and insured during shipping for its full value. A signature will be required at the time of delivery.

In the event the jewelry is damaged upon delivery or goes missing, the Client should notify NEHME within twenty-four (24) hours of delivery (or expected delivery) to submit the appropriate claims with the shipping service to recover the loss.

If the shipping service denies the claim, NEHME will not be held liable for missing or damaged jewelry. If the shipping service approves the claim and damages are paid, NEHME will work with the Client to fix or replace the jewelry pieces.

Please note, NEHME cannot be held accountable for delays on the shipper's part due to weather or other unexpected conditions.

NEHME will not release the jewelry before full payment is cleared. There will be no exceptions to this rule.

Due to the nature of all custom and made-to-order jewelry, including but not limited to customized size, design, and material, is non-refundable and cannot be exchanged or returned.

Turnaround time is based on an estimate, where the estimated average is between four (4) to six (6) weeks, though maybe surpassed or finished sooner.

REPAIRS & WARRANTY

NEHME provides a comprehensive warranty program for all our jewelry pieces:

  • Lifetime warranty for manufacturing defects in materials and workmanship
  • One-year complimentary repair work for damages not resulting from unusual or extreme wear
  • Annual complimentary cleaning, polishing, prong inspection/retightening, and rhodium plating (for white gold only)
  • Stone setting integrity coverage for one year from date of purchase

This warranty does not cover:

  • Damage from accidents, impact, or physical trauma
  • Loss of stones or components due to wear or impact
  • Damage from exposure to chemicals, cleaning agents, or harsh environments
  • Alterations or repairs performed by unauthorized jewelers
  • Normal wear and tear beyond the first year
  • Damage from improper storage, handling, or cleaning methods
  • Scratches, dents, or surface wear from regular use
  • Damage from exposure to extreme temperatures or environmental conditions
  • Loss or theft of jewelry pieces
  • Damage from contact with hard surfaces or abrasive materials

Examples of unusual or extreme wear that are not covered under warranty include:

  • Exposure to harsh chemicals (e.g., bleach, household cleaners, pool chemicals)
  • Excessive physical impact or trauma (e.g., dropping the item, hitting it against hard surfaces)
  • Prolonged exposure to extreme temperatures
  • Activities such as wearing jewelry during sports, heavy lifting, or manual labor
  • Damage due to improper storage (e.g., storing jewelry with other hard objects or in damp environments)

We shall have the sole discretion to determine the extent of the damage to the jewelry and may impose additional fees, as appropriate. NEHME may, at its discretion, employ independent third-party experts to verify and assess any damage claims to ensure an unbiased evaluation.

This warranty is void if the jewelry has been re-sized or altered in any way by a third party without the express, written authorization of NEHME.

For complete warranty details and coverage information, please refer to our Shipping & Warranty Policy.

APPRAISALS & INSURANCE

NEHME has the ability to provide an appraisal for the pieces if requested by the client.

The client acknowledges and understands that insurance for the jewelry pieces, is the sole responsibility of the client and should be obtained as soon as possible to insure against loss, theft, damage, disappearance and worldwide travel.

NEHME recommends Jewelers Mutual Insurance Group for jewelry specific insurance coverage (available for US and Canada, excluding Quebec). NEHME is not affiliated with or sponsored by Jewelers Mutual. This recommendation is for informational purposes only, and clients should conduct their own research before choosing an insurance provider.

INTELLECTUAL PROPERTY

NEHME will treat your designs, plans, ideas, and images as confidential, if and as requested by the client, during the manufacturing process, however, all 3D CAD design work is the intellectual property of NEHME and clients will not be given any files for reproduction such as .3dm, .obj or .stl files of the submitted design.

The client agrees that all designs, plans, ideas, and images associated with any pieces made by NEHME are the exclusive property of NEHME and are subject to the standard legal protection and rights as intellectual property.

By submitting a design, the client represents and warrants that they have all necessary rights to such design and that such design shall not infringe on any intellectual property, proprietary, or other rights of a third party.

In this context, the clients agree to indemnify and hold harmless NEHME and its authorized agents, trustees, directors, officers, executives, employees, and representatives, from and against any and all actions, claims, suits, proceedings, losses, damages, costs, liabilities, including reasonable attorneys' fees, and other expenses which may be suffered, incurred or paid by reason of, or arising out of any breach or alleged breach of the above representation and warranty.

DISCLAIMERS & RELEASE OF CLAIMS

By purchasing or otherwise utilizing the jewelry pieces, the client acknowledges that NEHME and its authorized agents, trustees, owners, directors, officers, executives, employees, and representatives, are not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any jewelry purchased.

In no event will NEHME and its authorized agents, trustees, owners, directors, officers, executives, employees, and representatives, be liable to any party for any type of direct, indirect, special, incidental, or consequential damages.

The client hereby releases NEHME and its authorized agents, trustees, owners, directors, officers, executives, employees, and representatives, from any and all claims including those related to personal or business interruptions, misapplication or information, or any other loss, condition, or issue.

FORCE MAJEURE

In the event that any cause beyond the reasonable control of either party, including, but not limited to, acts of nature (e.g., earthquakes, floods, hurricanes, wildfires), war, curtailment or interruption of transportation facilities, threats or acts of terrorism, civil disturbance, labor strikes, pandemics, global health emergencies, government restrictions, supply chain disruptions, or any other unforeseeable event, make it inadvisable, illegal, or impossible for either party to perform its obligations under this Agreement, the affected party's performance shall be extended without liability for the period of delay or inability to perform due to such occurrence. This includes events such as severe weather conditions or any global disruptions that may impact the production or delivery of goods.

GOOD FAITH

Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this agreement.

LIMITATIONS OF LIABILITY

To the fullest extent permitted by Canadian consumer protection laws, NEHME shall not be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages arising from your use of our jewelry. This includes, but is not limited to:

  1. Any failure of performance, error, omission, service interruption, deletion, defect, delay in operation or transmission, computer virus, system failure, or any similar technical issue.
  2. Loss of revenue, anticipated profits, business opportunities, savings, goodwill, or data.
  3. Any unauthorized access, theft, destruction, alteration, or misuse of your personal information or property by third parties.

This limitation applies regardless of the cause of action, including negligence, gross negligence, breach of contract, tort, or any other legal theory, even if NEHME has been advised of the possibility of such damages.

In all cases, NEHME's total cumulative liability to you shall not exceed $100 CAD.

DISPUTE RESOLUTION

If a dispute arising from this Agreement cannot be resolved through good-faith negotiations between the parties, the matter shall be submitted to binding arbitration administered by the ADR Institute of Canada (ADRIC) or another mutually agreed-upon arbitration organization in Canada.

  1. Arbitration Timeline & Process
    • The arbitration shall commence within ninety (90) days from the date of the initial arbitration demand.
    • Both parties agree to cooperate in expediting discovery and other pre-hearing procedures to ensure that the arbitration is completed within this ninety (90)-day period.
  2. Binding Decision & Enforceability
    • The arbitrator(s) shall issue a written decision, including an allocation of arbitration costs, attorney's fees, and other related expenses.
    • The decision shall be final, binding, and not subject to appeal or judicial review.
    • The award may be entered and enforced in any court of competent jurisdiction as a legal judgment or an equitable decree, as appropriate.

JURISDICTION AND VENUE

This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, regardless of the conflict of laws principles thereof. Any legal action, suit, or proceeding arising out of or in connection with this Agreement shall be exclusively brought in the courts of competent jurisdiction located in the Province of Ontario, Canada. You consent to the jurisdiction of such courts and waive any objections to venue in such courts, whether based on personal jurisdiction, forum non-conveniens, or otherwise. For clients outside of Canada, any legal dispute shall still be governed by Ontario law, and the venue for any dispute shall remain in Ontario, Canada.

CONFIDENTIALITY AND PRIVACY

Both parties agree to uphold confidentiality regarding all personal and proprietary information exchanged during the design and manufacturing process. NEHME will not disclose any personal information, design concepts, or other confidential details without the express consent of the client, except as necessary for the fulfillment of this Agreement or as required by law.

NEHME will treat any client data in accordance with the Privacy Policy, ensuring protection of personal and financial information shared during consultations, payments, and shipping.

INDEMNIFICATION

The client agrees to indemnify and hold harmless NEHME and its authorized agents, trustees, owners, directors, officers, executives, employees, and representatives, from and against any and all claims, damages, losses, and expenses, including reasonable legal fees, arising from or related to:

  • The breach of this Agreement by the client.
  • Any misuse or infringement upon the intellectual property rights of NEHME during the design and purchasing process.
  • Any errors or omissions on the part of the client in providing accurate specifications, measurements, or other essential details for their jewelry order.
  • Any actions or damages arising from the delivery or receipt of the jewelry, including loss or damage during shipping, unless it is the result of NEHME's actions or negligence.

CUSTOMER SUPPORT AND COMMUNICATION

NEHME strives to maintain clear and open communication with its clients throughout the process of designing and creating custom jewelry. Clients are encouraged to contact NEHME for updates, questions, or concerns via the provided communication channels (email, phone, or virtual appointments).

Clients can reach customer support during business hours, with expected response times being within one (1) business day for inquiries or issues related to the design, payment, or manufacturing stages.

SOCIAL MEDIA & PROMOTIONS

By agreeing to these Terms of Sale, the client acknowledges that NEHME may, at its discretion, feature images or videos of the final jewelry pieces, including custom designs, on its website, social media platforms, or marketing materials. If the client wishes to opt-out of such features, they must notify NEHME in writing prior to the completion of their order.

SEVERABILITY

If any part of these Terms of Sale is deemed to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remainder of the Agreement shall continue in full force and effect, and the unenforceable provision shall be modified to reflect the intent of the original clause as closely as possible.

ENTIRE AGREEMENT

This document constitutes the entire Agreement between the client and NEHME concerning the sale and purchase of custom and made-to-order jewelry. Any amendments or additions to this Agreement must be in writing and signed by both parties.