TERMS AND CONDITIONS
OXYGEN has improved our Terms and Conditions and Privacy Notice to make it easier for you to understand what data we collect and what it's used for. Refer to the Privacy Notice for more information on the General Data Protection policy.
Welcome to the website. These Terms and Conditions apply to all OXYGEN websites on social media which provides services to you subject to the notices, terms, and conditions set forth in this agreement (the "Agreement"). In addition, when you use any of our services (e.g., Customer Service), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into this Agreement by this reference. We reserve the right to change this Site and these terms and conditions at any time and the change will be effective immediately.
Accessing, browsing or otherwise using the site indicates your agreement to all the terms and conditions in this agreement, so please read this agreement carefully before proceeding.
You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian.
Subject to the Terms and Conditions of this Agreement, OXYGEN, oxygenst.com and oxygen socialmedia hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser, your phone, or any electronic device only for the purpose of sharing or shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by us in advance. We reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests. You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
We may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.
PRODUCT AVAILABILITY AND PRICING
Sometimes with the volume of orders we receive, we are unable to fulfill the order in the estimated time. If this happens, we will attempt to notify you of the delay. While we make every attempt to avoid delays we do not guarantee delivery dates.
The price of our products is based on the latest market values for precious metals and gems. We are constantly trying to pass our savings on to you with the various sales we offer throughout the year but we are unable to offer post-order price matching or post sales prices because our prices are based on the best prices we are able to get for you at the time. The price you paid when you placed your order was the lowest price we were able to offer at the time. In the same manner, we cannot extend a sale once it has ended. We do not negotiate prices on our products and all our prices are final. Our prices are subject to change without notice. Items in your shopping cart and Wish list will always reflect the most recent price displayed on the item's product detail page. This price may differ from the price shown for the item when you first placed it in your cart. Placing an item in your cart or Wish list doesn't reserve the price shown at that time.
OXYGEN coupon and/or promo codes are subject to expire without notice. OXYGEN will not accept expired coupons and/or promo codes even if they are linked from third party sites.
PROMOTIONS AND COUPONS
Coupons and/or Promo codes are applied to the full order in the cart and will be applied to:
• the original price of the items, or
• the original price of the item less the multi-level discount
Intermediate markdowns may have been removed in order to apply the multi-level discount to the full order.
Coupons and/or Promo codes will not be applied to bundled items or premium gifts.
Coupons and/or Promo codes may not be combined with any other offer and cannot be applied to:
• sale items, or
• One and Only Signature Collection items
Data, including prices, might be inaccurately displayed on our Site due to system or typographical errors. While we make every attempt to avoid these errors. We reserve the right to correct any and all errors when they do occur, and we do not honor inaccurate or erroneous prices. If a product's listed price is lower than its actual price, we will either contact you for instructions before shippingthe product or cancel the order and notify you of such cancellation. If your credit card or payment method has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to the account in the amount of the charge.
Free gifts are limited in quantity and subject to availability. OXYGEN reserves the right to substitute a comparable free gift, without notice, if the selected free gift is not available.
OXYGEN offers a 30 day return policy. You may return an item for a refund (check our return policy) within 30 days of the original shipping date if the following conditions are met.
• The item must be returned in a new and unworn condition. New and unworn condition means that there are no scratches, marks, or blemishes on the items. Items modified or re-sized are not considered new.
• The item being returned must have the jewelry tag still attached to the item. Removal of the tag voids the ability for the item to be returned.
• The item must be postmarked within 30 days of the original shipment date.
• Items that have been resized, updated and/or repaired do not qualify for a refund.
• You are responsible for the return shipping cost and the goods are your responsibility until they reach our warehouse.
• Promotional gifts must also be returned with your returned item.
• Your One and Only Signature Collection Diamond report must be returned with your One and Only Signature Collection item. $150 will be deducted from the Refund for missing or damaged reports
• Returns without a OXYGEN Return Merchandise Authorization will be refused upon receipt.
• Returns with missing paperwork or product will not be processed.
NOTE: Some special orders are non-returnable. We will inform you if an item cannot be returned before going ahead with your order.
Every OXYGEN item is made to order. OXYGEN reserves the right to charge a 25% recycling fee in the rare case where a customer takes advantage of the return policy by ordering numerous personalized items for the purposes of comparison or sizing. If we feel this is the case, we will contact you before manufacturing or shipping the items.
Upon acceptance of your return, a credit will be issued to the original form of payment less any applicable deductions.
• OXYGEN may provide a prepaid return- label for you to return the item. The value of this return label will be deducted from the refund. OXYGEN will deduct the value of the bonus gift if the gift is not returned.
• OXGEN reserves the right to deduct any fees we incur at the time of package receipt - including duties for incomplete paperwork.
• In cases where there is a coupon used to donate to a charity, the value of the coupon will be deducted from the refund.
Reviews And Comments
Anything that you submit or post to the Site, or to Customer Service, including but not limited to questions, comments, suggestions, ideas, plans, notes, photos, drawings, original or creative materials or other information and/or provide us, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as non-confidential and non-proprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other Content that you post on this Site and that use of your reviews, comments, or other Content by us will not infringe upon or violate the rights of any third party. You shall not use a false email address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions or Content. We may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.
You agree to indemnify and hold harmless OXYGEN, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities, and expenses arising out of or related to any Submissions you post, or submit, store or otherwise transmit on or through our Site or your use of or inability to use our Site, including without limitation any actual or threatened suit, demand or claim made against OXYGEN and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the Submissions, your conduct, your violation of these Terms and Conditions or your violation of the rights of any third party.
The Site and all text, graphics, button icons, images, audio clips, the OXYGEN logo, and software (collectively, "Content"), belongs exclusively to OXYGEN, or its affiliates. The collection, arrangement, ‘look and feel’ and assembly of all Content on this Site (the Arrangement) belongs exclusively to OXYGEN or its affiliates. All software, data and information used on this Site (the "Software") is the property of OXYGEN, its affiliates or its Software suppliers. The Content, the Arrangement and the Software are all protected by U.S. and international copyright laws. OXYGENST.COM, logos, slogans, trade names or words are registered trademarks, trademarks or service marks of OXYGEN, its affiliates, suppliers, or third parties. The use of any of our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent.
LINKS – THIRD PARTY CONTENT
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such site.
RISK OF LOSS
The risk of loss and title for items purchased by you pass to you upon our delivery of the item to the carrier. OXYGEN will not be responsible for lost or stolen items.
OXYGEN recommends obtaining 3rd party insurance against lost or theft for any item received.
TERMINATION AND EFFECT OF TERMINATION
Notwithstanding any of these Terms and Conditions, OXYGEN reserves the right, without notice and in its sole discretion, to terminate this Agreement and your license to use this site, and to block or prevent future your access to and use of the Site. OXYGEN may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations of the parties arising before the date of termination.
This site is created and controlled by OXYGEN and 2238534 Tokyo Inc. As such, the laws of the Province of Japan will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions shall be filed only in the Province of Ontario and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of your use of this site, any purchase from this site, or these Terms and Conditions.
Any dispute relating in any way to your visit to the Site or to the products you purchase through the Site shall be submitted to confidential arbitration in the Province of Ontario. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned.
This Site may be accessed from countries outside of Japan. This Site may contain products or services that are not available worldwide. Any such references do not imply that such products will be made available worldwide. If you access and use this Site you are responsible for complying with your local laws and regulations.
LIMITATION OF LIABILITY
Except as expressly provided to the contrary in a writing by OXYGEN, this site, the products offered for sale on it and the transactions conducted through it are provided by us on an "as is" basis. We make no representations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials, or products included on this site except as provided here and on the webpages to which that webpage links). To the full extent permissible by applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, noninfringement, title, quiet enjoyment, data accuracy and system integration. This site may include inaccuracies, mistakes or typographical errors. we do not warrant that the content will be uninterrupted or error free. To the maximum extent permitted by law, we will not be liable for any damages of any kind arising from the use of this site, including, but not limited to indirect, incidental, punitive, exemplary, special or consequential damages. To the maximum extent permitted by applicable law, our total liability to you for any damages (regardless of the foundation for the action) shall not exceed in the aggregate the amount of fees actually paid by you to us during the month immediately preceding the act allegedly giving rise to our liability.
GIFT CARD TERMS & CONDITIONS
• The Oxygen Gift Card can only be used online at one of Oxygen’s online stores: oxygenst.com, Facebook/oxygenJewelry.
• Gift Cards will not be replaced or refunded if lost or stolen. Oxygen and its affiliates are not responsible for lost Gift Cards.
• Gift Cards will not be returnable or exchangeable for cash, except in states where required by law.
• A Gift Card cannot be used to purchase Gift Cards.
• Purchase amounts that exceed the value of the tendered Gift Card will require a credit card or Paypal payment for the balance due.
• Your Gift Card will be emailed to the recipient after the your order has been processed and payment taken.
• Your Gift Card will be emailed to the recipient email address you enter. Ensure the recipient email address is correct when you place your order. Oxygen is not liable for delivery of a Gift Card to an incorrect or non-existent email address. The correct email address to where the Gift Card will be sent is the sole responsibility of the purchaser.
• All returned items that were purchased with a Gift Card will be refunded as a Oxygen credit to the Gift Card for you to use again in the future..
• For item(s) purchased with both a Gift Card and credit card or paypal account, you will be refunded on the credit card or paypal account up to the amount of your initial payment and the remaining amount will be refunded as a Jewlr credit to the Gift Card for you to use again in the future.
• Your Gift Card must be used on the site in the currency in which it was purchased.
Accessing, browsing or otherwise using the site indicates your agreement to all the terms and conditions in this agreement, so please read this agreement carefully before proceeding.