Terms and Conditions

Welcome to the website (the “Site”) of Brilliance Jewels, Inc. (“Brilliance Jewels”). These Terms of Service (“TOS”) govern your use of the Service (defined below) and the Site. By using the Site or Service, you are stating that you have read and understand, and agree to be bound by, these TOS. You agree that these TOS incorporate and include Brilliance Jewels Privacy Policy available at http://www.BrillianceJewels.com. The Site offers a wide range of services and sometimes additional terms (“Additional Terms”) may apply to your use thereof. For example, consignors are subject to additional Consignment Terms governing the consignment of items on the Site, and buyers and sellers of art are subject to the Conditions of Sale. Certain portions of the Site may not be available to you unless you have registered. If you do not agree to be bound by these TOS and the Privacy Policy, you may not use the Service or Site in any way.

DESCRIPTION OF SERVICES

In the Site, Brilliance Jewels provides users with access to sales of luxury resale items and art online and related services (“the Service”). You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site.

LICENSE AND SITE ACCESS

Brilliance Jewels grants you a limited license to access the Site and Service for personal use. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any Content (defined below) available through the Site, uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in Brilliance Jewels sole discretion) an unreasonable or disproportionately large load on Brilliance Jewels’ infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by Brilliance Jewels to prevent or restrict access to the Site or Service. Any unauthorized use by you shall terminate the permission or license granted to you by Brilliance Jewels.

MEMBERSHIP ELIGIBILITY

You are not permitted to access the Service or Site if you are under the age of 18 or if your account has been suspended or removed by Brilliance Jewels for any reason. You may not have more than one active account. Additionally, you are prohibited from selling, trading, or otherwise transferring your Brilliance Jewels account to another party. If you do not meet the foregoing eligibility requirements, you may not use the Service or the Site.

YOUR ACCOUNT

You represent and warrant that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or any other applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Brilliance Jewels has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Brilliance Jewels has the right to suspend or terminate your account and refuse any and all current or future use of the Site and Service (or any portion thereof). If you use the Site or Service, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify Brilliance Jewels immediately of any unauthorized use of your account or any other breach of security. Brilliance Jewels reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion for any reason or no reason.

SUBMITTED CONTENT

The Site and Service may provide you and other users with the ability to send messages or post content (together, “Postings”) to or for other users and non-users. Brilliance Jewels is under no obligation to review any Postings and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, Brilliance Jewels may from time to time monitor the Postings on the Site or Service and may decline to accept and/or remove any Postings. You acknowledge that you are responsible for any Postings you may submit through the Site or Service, including the legality, reliability, appropriateness, originality and copyright of any such Postings. You may not upload to, distribute or otherwise publish through this Site any Posting that:
i. is confidential, proprietary, invasive of privacy or publicity rights, infringing on intellectual property rights, unlawful, harmful, threatening, false, fraudulent, libelous, defamatory, obscene, vulgar, profane, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, including, but not limited to any content that encourages conduct that would constitute a criminal offense, violates the rights of any party or otherwise gives rise to civil liability or otherwise violates any applicable U.S. or foreign laws
ii. may contain software viruses or malware;
iii. contains advertisements or solicitations of any kind, or other commercial content;
iv. is designed to impersonate others;
v. contains personal information (such as messages that include phone numbers, Social Security numbers, payment card numbers, account numbers, addresses or employer references), except where we expressly ask you to provide such information;
vi. contains messages by non-spokesperson employees of Brilliance Jewels purporting to speak on behalf of Brilliance Jewels or containing confidential information or expressing opinions concerning Brilliance Jewels;
vii. contains messages that offer unauthorized downloads of any copyrighted, confidential or private information;
viii. contains multiple messages placed within individual folders by the same user restating the same point;
ix. contains chain letters of any kind; or
x. contains identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message; this prohibition includes but is not limited to (a) using the invitation functionality that may be available on the Site to send messages to people who do not know you or who are unlikely to recognize you as a known contact; (b) using the Site to connect to people who do not know you and then sending unsolicited promotional messages to those direct connections without their permission; or (c) sending messages to distribution lists, newsgroup aliases or group aliases.
With respect to any Postings you submit or make available through the Site or Service (other than personal information, which is handled in accordance with the Privacy Policy), you grant Brilliance Jewels a perpetual, irrevocable, non-terminable, worldwide, royalty-free, transferable and non-exclusive license, with the right to sublicense through multiple tiers, to use, copy, distribute, publicly display, modify, adapt, publish, create derivative works, and sublicense such Posting or any part of such Posting, in any format or medium now known or hereafter developed. You hereby represent, warrant and covenant that any Posting you provide (i) does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant such a license to Brilliance Jewels, and (ii) Brilliance Jewels’s authorized use thereof, does not and will not infringe the rights of any third party (including, without limitation, intellectual property rights, rights of privacy or publicity, or any other legal or moral rights).

AUTHENTICATION AND BRANDS

You acknowledge and agree that Brilliance Jewels’ authentication process is in-house and independent. Brands identified on the Site are not involved in the authentication of the products being sold, and none of the brands sold assumes any responsibility for any products purchased from or through the website. Brands sold on the Site are not partnered or affiliated with Brilliance Jewels in any manner. However, Brilliance Jewels fully cooperates with brands seeking to track down the source of counterfeit items, which includes revealing the contact information of consignors submitting counterfeit goods. See www.theBrilliance Jewels.com/authenticity.

AUTHENTICITY DISCLAIMER

We guarantee all of your products to be 100% authentic, and that what you see is absolutely what you get. Continuing to serve our customers and gain trust in our name is our mission. Our expert photographers take much time and care to capture the true beauty of the items we sell. No smoke and mirrors when looking at our images. What you see pictured is the actual item you will receive. Every detail possible can be seen in our pictures and we are proud of that, we here have nothing to hide. We want to show you every beautiful angle and edge of our inventory so you fall in love with the piece that’s just right for you.

DISCLAIMER OF WARRANTY

ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE, OR AVAILABLE THROUGH THE SERVICE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED (A “LINKED SITE”) ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. BRILLIANCE JEWELS DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE OR SERVICE BY ANY PARTY, (B) ANY CONTENT PROVIDED ON LINKED SITES OR (C) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL BRILLIANCE JEWELS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR USER’S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT Brilliance Jewels AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Brilliance Jewels HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF THE SITE, CONTENT OR ANY RELATED SERVICES.

INDEMNITY

You will indemnify and hold harmless Brilliance Jewels from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by Brilliance Jewels and such parties, and shall defend Brilliance Jewels and such parties against any and all claims arising out of (1) your breach of these Terms and Use; (2) your breach of the Terms of Service; (4) fraud you commit, or your intentional misconduct or gross negligence; or (5) your violation of any applicable U.S. of foreign law or the rights of a third party. Brilliance Jewels will control the defense of any claim to which this indemnity may apply, and in any event, you shall not settle any claim without the prior written approval of Brilliance Jewels.

FORCE MAJEURE

Brilliance Jewels shall be excused from performance under these TOS, to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (1) weather conditions or other elements of nature or acts of God, (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (3) quarantines or embargoes, (4) labor strikes, or (5) other causes beyond the reasonable control of Brilliance Jewels. In the event that Brilliance Jewels is temporarily unable to ship to you a purchased item because of such an event, Brilliance Jewels will give you the option of deferring shipment or receiving a refund of your charges.

ELECTRONIC COMMUNICATION

When you use the Site, Service or send emails to Brilliance Jewels, you are communicating with Brilliance Jewels electronically. You consent to receive communications electronically from Brilliance Jewels and its Site Affiliates (as defined in the Privacy Policy). Brilliance Jewels will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.

LINKS

The Site, Service or third parties may provide links to other websites or resources. Because Brilliance Jewels has no control over such sites and resources, you acknowledge and agree that Brilliance Jewels is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources. You further acknowledge and agree that Brilliance Jewels shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource.

MODIFICATION AND NOTIFICATION OF CHANGES

Brilliance Jewels reserves the right to make changes to the Service, Site, related policies and agreements, these TOS and the Privacy Policy at any time. If Brilliance Jewels makes a material modification to these TOS, it will notify you by: (i) sending an email to the address associated with your account. Brilliance Jewels is not responsible for your failure to receive an email due to the actions of your ISP or any email filtering service; therefore, you should add Brilliance Jewels.com to the list of domains approved to send you email (commonly known as your “whitelist”); or (ii) displaying a prominent announcement above the text of these TOS or the Privacy Policy, as appropriate, for thirty (30) days, with (i) or (ii) being deemed sufficient notification, of such changes.
After notice of a modification to the TOS or the Privacy Policy has been posted for 30 days, the notice may be removed. If you choose to continue using the Site or Service, you agree that by doing so you will be deemed to accept the new TOS or Privacy Policy, as relevant.

TRADEMARKS

The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of Brilliance Jewels and other parties. You are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the Internet without the written permission of Brilliance Jewels or such third party which may own the Marks. Information and content including any software programs available on or through the Service or Site (“Content”) may protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for any purpose.

PROCEDURE FOR CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT

Brilliance Jewels respects the intellectual property of others, and we ask our users to do the same. Brilliance Jewels may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Brilliance Jewels’ Copyright Agent the following information:
i. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
ii. a description of the copyrighted work or other intellectual property that you claim has been infringed;
iii. a description of where the material that you claim is infringing is located on the Site;
iv. your address, telephone number, and email address;
v. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
vi. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Brilliance Jewels’ agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail:
Copyright Agent
c/o Brilliance Jewels
35 NE 1st Ave #303-305
Miami, FL 33131
By email: [email protected]
Brilliance Jewels may update these addresses from time to time.

SURVIVAL OF TERMS AFTER AGREEMENT ENDS

Notwithstanding any other of this TOS, or any general legal principles to the contrary, any provision of this TOS that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this TOS.

GENERAL

If any of these conditions are deemed invalid, void, or for any unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. From time to time Brilliance Jewels may offer special promotional offers which may or may not apply to your Brilliance Jewels account. Headings are for reference purposes only and do not limit the scope or extent of such section. These TOS and the relationship between you and Brilliance Jewels will be governed by the laws of the State of California without regard to its conflict of law provisions. You and Brilliance Jewels agree to submit to the personal jurisdiction of the federal and state courts located in the County of San Francisco in the State of California with respect to any legal proceedings that may arise in connection with these TOS. The failure of Brilliance Jewels to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Brilliance Jewels does not guarantee it will take action against all breaches of these TOS. Except as otherwise expressly provided in these TOS, there shall be no third-party beneficiaries to these TOS. These TOS constitute the entire agreement between you and Brilliance Jewels and governs your use of the Site and Service (other than applicable Additional Terms), superseding any prior agreements between you and Brilliance Jewels with respect to the Site or Service.

Consignment Terms

IF NOT SOONER TERMINATED AS PROVIDED HEREIN, THIS AGREEMENT WILL TERMINATE AUTOMATICALLY ON THE FINAL DAY OF THE MONTH THAT IS ONE YEAR FROM THE DATE OF THE FIRST PROPERTY SALE TO OCCUR UNDER THIS AGREEMENT (THE “TERMINATION DATE”).

1. RECITALS

WHEREAS, Brilliance Jewels is engaged in the sale and marketing of luxury designer items, jewelry, watches and/or fine art;

WHEREAS, Consignor owns certain items, described and itemized on Brilliance Jewels’ online and other forms, or collected by an employee of Brilliance Jewels as part of its direct consignor service (collectively, the “Property”), and wishes to sell that Property; and

WHEREAS, Consignor desires that the Property be sold on consignment by Brilliance Jewels, and Brilliance Jewels wishes to sell that Property on behalf of Consignor;

NOW, THEREFORE, in consideration of the mutual premises and covenants contained in this Agreement, the receipt and sufficiency of which is acknowledged, and expressly subject to the provisions of Brilliance Jewels’ then-current Returns Policy and Terms of Service (see Brilliance Jewels’ website at www.BrillianceJewels.com), which terms may affect and amend the terms hereof, the Parties hereby agree as follows:

2.DELIVERY OF PROPERTY; RISK OF LOSS; INSURANCE

Consignor makes the Property available to Brilliance Jewels on a consignment basis. Brilliance Jewels accepts the Property from Consignor on a consignment basis only.

All risk of loss or damage of the Property will pass to Brilliance Jewels when the Property is in Brilliance Jewels’ physical possession. Consignor retains all risk of loss or damage to the Property while the Property is in transit; provided, however, that if Consignor uses Brilliance Jewels’ approved method of shipment to Brilliance Jewels (using Brilliance Jewels’ label and its integrated Federal Express shipping arrangement), then Brilliance Jewels will insure or arrange for a third party to insure the Property against loss or damage in transit, up to a maximum of $10,000 per shipment.

As used herein, a “shipment” means items of Property shipped together under one bill of lading.

Subject to the foregoing, Brilliance Jewels shall insure the Property in such amounts and against such risks as to which such goods are customarily insured, including insurance for theft and damage, and shall provide evidence of such insurance coverage to Brilliance Jewels as and when requested.

If the Property is damaged or lost while in Brilliance Jewels’ physical possession, a Property Sale will be deemed to have occurred and Brilliance Jewels will reimburse Consignor in the amount of the Consignor’s Commission (defined below), based on the damaged or lost Property’s net selling price(s), as determined solely by Brilliance Jewels. This remedy shall constitute the sole remedy and entire recourse of Consignor against Brilliance Jewels and is in lieu of any other remedy available as a matter of law or equity.

3. ACCEPTANCE OF PROPERTY; CONDITION OF ITEMS

Brilliance Jewels only accepts clean items in very good to excellent condition. Upon receipt, Brilliance Jewels will evaluate the Property to determine its authenticity and quality. Condition issues may affect the value of the item. Items of Property that do not meet Brilliance Jewels’ authenticity or quality standards, or are not included in the Designer Directory (see Brilliance Jewels’ website at www.BrillianceJewels.com for currently accepted Property), will not be accepted and will be returned to Consignor at Consignor’s expense (see “Return of Property” below).

4. COUNTERFEIT ITEMS

Consignor will not provide counterfeit items for consignment. In the event Brilliance Jewels believes that any item of the Property offered or provided to it is counterfeit, Brilliance Jewels shall either refuse to take possession of such item, or to the extent Brilliance Jewels has taken possession of such item, Brilliance Jewels shall notify Consignor that it believes the item is counterfeit and, subject to applicable statute and federal laws regarding the shipment of counterfeit goods, provide Consignor a reasonable opportunity to retrieve such item from Brilliance Jewels.

If Consignor does not retrieve such item from Brilliance Jewels within 120 days from the date of such notice, then Brilliance Jewels shall be entitled to treat such item as abandoned.

Consignor acknowledges and agrees that it is Brilliance Jewels’ policy that a consignor’s personal and business information may be requested by rights owners looking to trace the origin of counterfeit items. In the event of any such request Brilliance Jewels may provide such information in its sole discretion.

5. CONSIGNMENT PERIOD

The “Consignment Period” for an item of Property shall begin on the date the Property is received by Brilliance Jewels and shall end 365 days after acknowledgment of receipt. The Consignment Period may be extended upon mutual consent of both parties. After the Consignment Period, Consignor may request return of the Property. Return shipping expenses shall be paid by Consignor and Brilliance Jewels shall have no obligation to return such items unless and until Consignor has provided for shipping at its sole expense.

6. EFFORTS TO SELL; PRICE

Upon acceptance of the Property, Brilliance Jewels will display and make commercially reasonable efforts to sell the Property. Consignor acknowledges that Brilliance Jewels will designate the product category applicable to the Property. The initial selling price for the Property will be set by Brilliance Jewels, and Brilliance Jewels may change the price at its sole discretion from time to time without notice to Consignor. Brilliance Jewels reserves the right to run promotions on its website and by other means and to offer discounts to its customers at its sole discretion. Consignor acknowledges and agrees that items of its Property consigned hereunder may be advertised, displayed and sold with items belonging to other consignors.

7. TITLE TO PROPERTY

Title to and ownership in the Property will remain with Consignor until a Property Sale, as defined below. A “Property Sale” shall be deemed to have occurred if an item of Property is:
sold by Brilliance Jewels and not returned to Brilliance Jewels within the period specified in Brilliance Jewels’ then-current Return Policy (see Brilliance Jewels’ website at www.BrillianceJewels.com/returns);
lost or stolen from Brilliance Jewels’ stock on hand;
damaged or destroyed while in Brilliance Jewels’ possession; or
otherwise not physically present in Brilliance Jewels’ stock on hand.

8. PAYMENT AND COMMISSIONS

On the sale of any item of Property, Consignor will receive the following Commission (as defined below):
An amount equal to 75-85% of the net selling price, excluding tax and shipping, of items sold
The 75-85% Commission rate will reset to 75-85% at the Termination Date. Brilliance Jewels may at its sole discretion temporarily increase the Commission from time to time for promotional reasons.

The difference between the net selling price and the amount paid to Brilliance Jewels (the “Commission”) shall be Consignor’s sole compensation under this Agreement. The net selling price reflects all applicable sales commissions, stylist referral fees, promotions and other discounts applied directly to or associated with the sold item. Brilliance Jewels issues payment for Commissions on the 15th day of every month for a sale period beginning on the 1st of the previous month to the last day of the previous month. For example, payments issued on April 15th would cover the sale period from March 1 through March 31.

Also see Financing for additional payment options.

In the event of any dispute between the Parties, Brilliance Jewels shall have no obligation to pay any Commission or other amount otherwise due to Consignor, including without limitation amounts unrelated to the dispute, unless and until such dispute is resolved. Brilliance Jewels shall be entitled to withhold any Commissions (including any otherwise due) in full or partial satisfaction of any amounts due to Brilliance Jewels.

9. RETURN OF PROPERTY

At any time during the Consignment Period, Consignor may require the immediate removal of all or some of the Property from Brilliance Jewels’ service, with reasonable written notice to Brilliance Jewels. All costs of removing and returning the Property will be borne by Consignor and Brilliance Jewels shall have no obligation to return such items unless and until Consignor has provided for shipping at its sole expense.

Additionally, if Consignor requests the return of Property prior to the end of the Consignment Period, there will be a fee of $100 per fine art piece, or $15 per item for any other Property to cover Brilliance Jewels’ costs of storing, cataloging and photographing the Property, and Consignor will be responsible for shipping costs to and from Brilliance Jewels.

10. TERMINATION

In addition to the one-year expiration first referred to above, either Party may terminate this Agreement at any time, for any reason. Termination shall be effective when either Party serves written notice thereof on the other Party. Costs listed above under “Return of Property” will apply.

11. NO ASSIGNMENT

Neither Party may assign this Agreement or any interest herein without the other Party’s express prior written consent, except that Brilliance Jewels may assign this Agreement without Consignor’s consent in connection with any corporate transaction such as a merger or acquisition.

12. CHANGES TO THESE TERMS

Consignor acknowledges and agrees that these terms may be changed by notice posted on Brilliance Jewels’ web page at www.Brilliance Jewels.com. Brilliance Jewels will use reasonable efforts to communicate any such changes to Consignor (such as sending notice to an email address provided by Consignor), but Brilliance Jewels cannot guarantee that Consignor will receive such notices, or receive them in a timely manner.

13. NO PROPERTY WARRANTIES

Brilliance Jewels shall not offer any warranties on any item of Property, except to the extent a warranty is required by law and cannot be disclaimed.

14. REPRESENTATIONS, WARRANTIES AND INDEMNIFICATION

Consignor hereby warrants that it has good and marketable title to each item of Property, none of which is subject to any liens or other encumbrances, and further represents and warrants that the Property does not infringe upon or violate any trademark, copyright, or other proprietary right of any third party, any state or federal law, or any administrative regulation.

Consignor hereby agrees to indemnify and hold Brilliance Jewels harmless from all damages, suits, litigation, awards, and costs, including but not limited to attorneys’ fees and costs, that may arise out of Brilliance Jewels’ display or sale of the Property for any reason whatsoever, including but not limited to civil or criminal suits over authenticity, legality, ownership, infringement of copyright or trademark, or any other claim or litigation.

BRILLIANCE JEWELS DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, RELATING TO ITS SERVICES OR ACTIVITIES HEREUNDER. IN NO EVENT WILL BRILLIANCE JEWELS’ LIABILITY HEREUNDER EXCEED THE NET AMOUNTS IT HAS ACTUALLY RECEIVED AS A RESULT OF SELLING CONSIGNOR’S PROPERTY HEREUNDER. THE FOREGOING DISCLAIMER AND LIMITATION IS A FUNDAMENTAL PART OF THE BASIS OF BRILLIANCE JEWELS’ BARGAIN, AND BRILLIANCE JEWELS WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT SUCH DISCLAIMER AND LIMITATION.

15. GOVERING LAW

This Agreement shall be governed as to validity, interpretation, construction, effect, and in all other respects by the laws and decisions of the State of California, without regards to its conflict-of-law provisions. The Parties hereby irrevocably consent to the jurisdiction of the courts of San Francisco, CA with respect to any matter arising under this Agreement.

16. ENTIRE AGREEMENT

This Agreement sets forth the final, complete and exclusive agreement of the Parties regarding the subject matter hereof, and terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may be modified only by a writing duly executed by both Parties.

17. NO IMPLIED WAIVER

Either Party’s failure to insist, in any one or more instances, on strict performance by the other Party of any of the terms of this Agreement shall not be construed as a waiver of any continuing or subsequent failure to perform or delay in performance of any term hereof.

18.SEVERABILITY

If one or more of the provisions of this Agreement shall be declared or held to be invalid, illegal, or unenforceable in any respect in any jurisdiction, the validity, legality, and enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby and any such declaration or holding shall not invalidate or render unenforceable such provision in any other jurisdiction.

19. HEADINGS

Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.

HOW TO CONTACT US

If you have any questions or comments about these TOS or this Site, please contact us by email at [email protected]
You also may write to us at:

Brilliance Jewels
35 NE 1st Ave Suites 303-305
Miami, FL 33131