Purchase Policy

Effective Date: June 5, 2026. Last Updated: June 5, 2026.

This Policy supersedes and replaces all prior versions of this Policy and any prior return, refund, exchange, shipping, purchase, privacy, or terms-of-service policy published by Efemera, including without limitation any version dated March 25, 2026 or earlier. This Policy applies to all Orders placed and all access to or use of the Site on or after the Effective Date. Orders placed prior to the Effective Date are governed by the policy in effect at the time of Order placement.

Purchase Policy

This Purchase Policy (the "Policy") governs the offer, submission, acceptance, and fulfillment of Orders for Products sold by Efemera Jewelry through the Site. By submitting an Order, you (the Customer) agree to this Policy and to the Terms of Service, Privacy Policy, Shipping Policy, Refund & Return Policy, and Cookie Policy, each of which is incorporated by reference. If you do not agree, do not place an Order.

1. Defined Terms

In this Policy, the following capitalized terms have the meanings set forth below. "Efemera" or "we," "us," or "our" means Efemera Jewelry, a business entity organized and operating under the laws of New Jersey. "Site" means the website located at efemerajewelry.com, together with any related subdomains, mobile experiences, and digital storefronts operated by Efemera. "Product" or "Products" means any item of jewelry or related merchandise offered for sale by Efemera through the Site, including without limitation pieces from the Echoes and Draped in Time collections and any custom, bespoke, or made-to-size pieces. "Order" means any submitted request to purchase one or more Products through the Site. "Customer" or "you" or "your" means the individual or entity placing an Order or otherwise accessing or using the Site. Capitalized terms not defined herein have the meanings given in the Terms of Service.

2. Made-to-Order Nature; Production Lead Times

Each Product is handcrafted to order in New York City. Materials are reserved, gemstones are matched by hand, and artisan labor is allocated only after an Order is accepted by Efemera under Section 4. Standard production is typically three (3) to four (4) weeks from Order acceptance; during peak periods (including but not limited to November through February, Valentine's Day, and Mother's Day) production typically extends to four (4) to eight (8) weeks and may extend longer. Custom, bespoke, and made-to-size pieces may require additional time. All production timelines are non-binding estimates and not guaranteed delivery dates. We may revise any estimated production timeline at any time and in our sole discretion.

2.1 Collections and Natural Variation

The Echoes collection features 14k yellow gold settings with freshwater pearls, moonstone, aquamarine, and other natural gemstones. The Draped in Time collection features sterling silver rings with hand-applied enamel. Each piece is unique. Variation in color, tone, luster, inclusion, banding, texture, enamel coverage, surface finish, weight, and dimension is inherent to handcrafted natural-material jewelry and is a feature of the work, not a defect.

3. Eligibility

To place an Order, you must be at least eighteen (18) years of age (or the age of majority in your jurisdiction, whichever is greater), have legal capacity to enter into a binding contract, and provide accurate, current, and complete information. We may decline to process any Order where eligibility cannot be verified to our satisfaction.

4. Order Submission and Acceptance

4.1 Confirmation Is Not Acceptance

When you submit an Order, you make an offer to purchase the selected Products subject to this Policy. Any acknowledgment, confirmation email, or order number issued by the Site or any third-party platform is solely a receipt of your offer and does not constitute our acceptance of that Order or the formation of a binding contract. A binding contract of sale is formed only when we, in our sole discretion, (i) complete internal credit, fraud, eligibility, and inventory review, (ii) confirm successful settlement (not merely authorization) of payment, and (iii) issue a written notice of acceptance or dispatch the Product to the carrier, whichever occurs first. References in any sibling policy to production "beginning upon order confirmation" or similar phrasing describe Efemera's internal scheduling practices only and do not constitute acceptance of the Order for contract-formation purposes; this Policy controls.

4.2 Right to Refuse, Limit, or Cancel

We reserve the right, at any time and in our sole discretion, to refuse, decline, limit, suspend, modify, or cancel any Order, in whole or in part, for any reason or no reason, including without limitation suspected fraud, suspected resale or commercial intent, suspected violation of this Policy, ineligibility, inventory shortfall, sourcing limitations, pricing or description errors, sanctions or export-control concerns, suspected abuse of returns or promotional offers, prior chargeback or dispute history, or any pattern of conduct we deem inconsistent with the brand.

4.3 Fraud Screening and Verification

We may subject any Order to fraud and identity screening at our discretion. We may delay, hold, suspend, decline, or cancel any Order pending verification, and may require the Customer to submit additional information (including government-issued identification or proof of address) before we will proceed. We may transmit Order data to third-party fraud-prevention, identity-verification, and risk-scoring providers, and may share information with payment networks and card issuers as we determine appropriate. Nothing in this Section creates a duty to detect or prevent any particular instance of fraud.

4.4 Quantity Limits

We may limit, restrict, or refuse any Order or Order quantity, and may prohibit Orders we believe are placed for resale, dealer, wholesale, or other commercial purposes.

5. Pricing, Currency, and Taxes

5.1 Currency and Pricing

All prices on the Site are stated in United States dollars (USD) unless otherwise indicated. Prices are subject to change at any time without notice. The price applicable to your Order is the price displayed at the time we accept the Order pursuant to Section 4.1, subject to Section 5.3.

5.2 Taxes

Stated prices do not include sales, use, value-added, goods-and-services, excise, import, or similar taxes, duties, levies, or governmental charges, except where applicable law requires tax-inclusive pricing. The Order total is intended to reflect applicable taxes as calculated by our tax-determination tools at checkout; such calculations are estimates, are based on jurisdictional rules and product classifications as configured at the time, and may be adjusted by us prior to dispatch. Where we are required to collect tax in additional jurisdictions, we may add such tax at any time prior to dispatch.

5.3 Pricing, Description, and Inventory Errors

The Site may from time to time contain typographical, photographic, descriptive, technical, or pricing errors, including without limitation incorrect prices, product descriptions, availability, promotional inclusions, and images. We reserve the right, in our sole discretion, to correct any such error and to refuse, decline, cancel, or unwind any Order placed in reliance on such an error, even after Order acknowledgment or, where lawful, after acceptance, and to issue a refund of amounts actually received by Efemera in such event as our sole obligation.

5.4 No Price Matching

We do not offer price matching, retroactive discounts, or post-purchase price adjustments.

6. Payment

6.1 Authorized Methods

We accept those payment methods displayed at checkout, which currently include major credit and debit cards processed via Shopify Payments, Apple Pay, Google Pay, Shop Pay, and Shop Pay Installments (BNPL). Available methods may be added, removed, or restricted by us at any time in our sole discretion.

6.2 Authorization and Capture

By submitting payment information, you authorize us and our payment processors to obtain authorization for, and at our discretion to capture, the full Order total, including all applicable taxes, shipping, handling, and any other charges actually presented at checkout, against the payment method provided. International duties, import taxes, and customs fees are not collected by Efemera at checkout unless expressly stated in the order summary; where so collected, the foregoing authorization extends to such amounts. You represent and warrant that you are the authorized holder of, or have the express right to use, the payment method submitted, that all information is accurate and complete, and that sufficient funds or credit are available to cover the Order. Authorization or capture of payment by Efemera or any processor does not constitute acceptance of the Order under Section 4.1; acceptance occurs only as described in that Section.

6.3 BNPL and Third-Party Financing

Where you elect Shop Pay Installments, Affirm, or any other third-party financing or buy-now-pay-later service, your use of that service is governed by the separate terms, privacy policy, and credit terms of the financing provider. Efemera is not a party to that financing agreement. Interest, finance charges, late fees, credit reporting, and other consequences are determined solely by the financing provider. Because all sales are final and Efemera does not offer cash or credit card refunds under any circumstances, any eligible return for store credit or exchange does not cancel, alter, or pause your payment obligations to the financing provider. Customer acknowledges that they remain fully responsible for completing all scheduled payments to the third-party financing provider under the original terms of their financing agreement.

6.4 Chargebacks and Disputes

If you have a concern about an Order, you agree to contact us at the addresses below and engage in good-faith resolution before initiating a chargeback, payment dispute, or reversal. Initiating a chargeback while a Product is in production, in transit, or otherwise undelivered, or initiating a chargeback as a substitute for the return and refund process set forth in this Policy and the Refund & Return Policy, may, in our sole discretion, result in the forfeiture of promotional pricing, gift-with-purchase items, complimentary services, and store credit, and may result in suspension or termination of your account. We may, in our sole discretion, continue to process any pending Order in the ordinary course pending resolution of a disputed transaction. We reserve all rights and remedies available at law or in equity, including the right to recover the cost of fraudulent or wrongful chargebacks.

7. Cancellations and Changes

7.1 Customer Cancellation Window

The Customer's right to cancel an Order is limited to a window of twenty-four (24) hours from the time of Order placement, provided that production has not yet commenced (whichever occurs first), as determined by us in our sole discretion. Cancellation requests must be submitted in writing to orders@efemerajewelry.com and are not effective until we issue a written cancellation confirmation. After this window has elapsed, or once we have determined that production has commenced, Orders are non-cancellable by the Customer.

7.2 Changes to Orders

Requested changes to size, metal, gemstone, finish, engraving, monogram, or shipping address after Order submission cannot be guaranteed and may be refused or assessed at the prevailing change-order rate, in our sole discretion. Where changes are accepted, they may restart production timing and may extend lead times. Approved cancellations may also be subject to a non-refundable processing charge of up to fifteen percent (15%) of the Order subtotal to recover payment-processing, design, and administrative costs.

7.3 Our Cancellation Right

We may cancel any Order, in whole or in part, at any time and for any reason in our sole discretion, including without limitation under Sections 4.2, 4.3, 5.3, and 13. Where we cancel, our sole obligation is to refund amounts actually received by Efemera in respect of the cancelled portion of the Order.

8. Final Sale; Damage Notice Window

8.1 All Sales Final

Except as expressly provided in this Policy and the Refund & Return Policy, or as required by applicable mandatory law that cannot be waived by contract, all Orders are final sale. Without limiting the foregoing, the following are at all times final sale and not eligible for return, exchange, refund, store credit, or warranty replacement on grounds of buyer's remorse, change of mind, or perceived discrepancy from photographic representation: all made-to-order, custom, bespoke, personalized, engraved, monogrammed, or modified Products; all sized, resized, or post-modification ring Products; pierced earrings and any earring Products restricted by sanitary or hygienic considerations; gift cards, store credits, and promotional codes; Products marked "Final Sale," "Last Chance," "Archive," "Sample," or similar designation; Products purchased with a promotional discount designated as final sale at checkout; international Orders, except where applicable mandatory law in the Customer's jurisdiction requires otherwise; and components of a matched set or pair where the set or pair is not returned complete and in saleable condition.

8.2 Damage Notice Window

If a Product arrives with a defect or damage, the Customer must submit a written claim to support@efemerajewelry.com. To be eligible for review, claims must be submitted within the following strict timeframes:

• (a) Carrier Transit Damage: Within seventy-two (72) hours of delivery. The Customer must provide photographs of the damaged Product, all interior/exterior packaging, and the outer shipping carton, and must retain all such items until the claim is fully resolved by the carrier.
• (b) Visible Defects: Within seven (7) calendar days of delivery for any manufacturing defects discoverable upon reasonable initial inspection.
• (c) Latent Defects: Within twenty-eight (28) calendar days of delivery for latent manufacturing defects that could not reasonably be discovered upon initial inspection.

All claims must include the Order number, clear photographs of the Product, and a written description of the issue. Eligibility for repair, replacement, or refund is determined by Efemera in its sole discretion following inspection, which may take up to ten (10) business days from Efemera's receipt of the returned Product. Damage arising from ordinary wear, mishandling, improper storage, exposure to chemicals, water, perfume, lotion, sweat, impact, alteration by third parties, or normal aging of natural materials is expressly excluded. Natural variation described in Section 2.1 and Section 9 is not a defect. Where Efemera determines that a valid claim exists, our remedy is limited, at our election, to (i) repair, (ii) replacement with the same or a substantially similar Product subject to availability, or (iii) refund of the price actually paid for the affected Product, subject to the limitations in Section 8.3.

8.3 High-Value Exchange-Only Threshold

For any Product with an individual pre-tax purchase price of five thousand U.S. dollars (USD $5,000.00) or greater, Efemera's remedy for a validated damage or defect claim is limited, at Efemera's sole election, to (i) repair of the Product or (ii) replacement of the Product with an identical or substantially similar Product; monetary refund is not available for such Products except where required by applicable mandatory law that cannot be waived by contract.

8.4 Magnuson-Moss Warranty Act Carve-Out

Magnuson-Moss Warranty Act Carve-Out. Notwithstanding any other provision of this Policy or any incorporated policy, where the Magnuson-Moss Warranty Act (15 U.S.C. § 2301 et seq.) applies to a Product sold to a consumer, Efemera does not disclaim, modify, or limit any implied warranty arising under applicable state law, including the implied warranty of merchantability and the implied warranty of fitness for a particular purpose, to the extent such disclaimer, modification, or limitation is prohibited by the Magnuson-Moss Warranty Act. The remedies offered under this Policy (including repair, replacement, refund, or store credit at Efemera's election) are intended to supplement, not displace, any non-waivable implied warranty rights. To the maximum extent permitted by law, any implied warranty that cannot be disclaimed is limited in duration to the shortest period permitted by applicable law.

8.5 Return Authorization

No return, exchange, or warranty submission will be accepted without a Return Authorization (RA) issued in advance by Efemera. RAs are valid for fourteen (14) calendar days from the date of issuance of a Return Authorization (RA) by Efemera; Products received after such window may be refused or held at Customer's risk and expense. Unauthorized shipments will be refused or returned at the Customer's expense. Authorized returns must be received in original, unworn, unaltered, saleable condition with all original packaging, documentation, security tags, and complimentary items intact.

8.6 Inspection

All items sent to Efemera for a validated claim under the Damage Notice Window or for an approved exchange are subject to strict inspection by our quality-control team. Efemera reserves the right to refuse any exchange or remedy if the Product does not satisfy this Policy (including if the item shows signs of wear, mishandling, or alterations by third parties). Non-conforming Products will be returned to the Customer at the Customer's expense.

8.7 Refund Mechanics

Where a refund is approved, we may issue it to the original payment method only, in the original purchase currency. Refunds are typically issued five (5) to fourteen (14) business days following Efemera's acceptance of the returned Product and approval of the refund, with additional time as may reasonably be required by Efemera, the processor, the issuing bank, or the financing provider. Refunds, where available, are issued only in the country of original purchase and only to the original payment instrument of record; Efemera may refuse to issue refunds to alternate payment methods, third parties, or recipients other than the original Customer, including to prevent foreign-exchange, chargeback, or payment-instrument arbitrage. International duties, taxes, levies, brokerage, return shipping, and insurance are non-refundable by Efemera, as permitted by the applicable authority.

8.8 Abusive Patterns

We reserve the right to limit, suspend, or terminate the eligibility of any Customer or account that, in our sole discretion, exhibits a pattern of excessive returns, serial cancellations, wardrobing, comparison purchasing, promotional manipulation, chargeback misuse, or other conduct inconsistent with good-faith retail use.

9. Product Descriptions, Photography, and Tolerances

All Product descriptions, images, renderings, swatches, measurements, weights, gemstone characteristics, color descriptions, and material designations are approximations and are provided for general informational purposes only. Photographs may be magnified or taken under professional lighting. Reasonable manufacturing tolerances apply, as we determine in our sole discretion, and include without limitation: linear dimensions within plus or minus two (±2) millimeters; gemstone dimensions within plus or minus 0.25 millimeters; carat weight within plus or minus 0.05 carats or ten percent (10%), whichever is greater; gemstone color within ordinary commercial grading tolerances; and metal weight within plus or minus ten percent (10%). Natural materials, including pearls, moonstone, aquamarine, tourmaline, and hand-applied enamel, exhibit inherent variation that is a feature, not a defect. Statements regarding origin, provenance, or sourcing of metals or gemstones are based on supplier-provided information and are not warranted by Efemera beyond what supplier documentation supports.

10. Shipping, Signature, Delivery, and Risk of Loss

Shipping is governed by our Shipping Policy. Stated shipping windows are estimates only and exclude production time, weekends, holidays, carrier delays, weather, customs hold, and Force Majeure Events. Title and risk of loss pass to the Customer upon transfer of the Product to the carrier. The Customer is solely responsible for providing an accurate, complete, and deliverable shipping address; we do not reroute, redirect, or reship at our expense after dispatch. To the extent the Shipping Policy and this Policy address the same subject matter and conflict, this Policy controls with respect to Orders.

10.1 Signature on Delivery

Orders with a pre-tax Product subtotal of two hundred fifty U.S. dollars (USD $250.00) or greater require an adult signature (age 21 or older) upon delivery; orders below this threshold may, in Efemera's sole discretion, also require an adult signature based on destination, carrier, or fraud-screening considerations. A signed delivery confirmation, or, where signature was not required, the carrier's electronic proof of delivery, constitutes presumptive evidence of delivery for purposes of this Policy.

10.2 Carrier Insurance

Efemera may, in its sole discretion, arrange carrier insurance for outbound shipments, with any associated cost included in the Order total or absorbed by Efemera as Efemera determines on an Order-by-Order basis. Efemera is not the insurer, makes no representation concerning the availability, scope, sufficiency, or payout timing of any carrier insurance, and is not obligated to advance funds against any pending claim. Where a shipment is lost, misdelivered, or damaged in transit, Efemera may, in its sole discretion, assist the Customer in pursuing any available carrier-insurance claim, but the Customer remains responsible for cooperating with the carrier's claim process.

11. International Orders, Duties, and Taxes

International Orders are accepted in our discretion and may be limited by jurisdiction. The Customer is the importer of record and is solely responsible for all import duties, value-added taxes, goods-and-services taxes, customs fees, brokerage charges, and other governmental levies imposed by the destination jurisdiction. Such amounts are not collected by Efemera at checkout unless expressly stated, are not refundable by Efemera, and may be reclaimed by the Customer directly from the applicable authority as permitted by such authority. Refused shipments, unclaimed packages, and packages returned by customs are subject to deduction for outbound shipping, return shipping, duties already incurred, and a restocking charge as we determine. Some Products may not be available for shipment to certain jurisdictions and may be cancelled in our discretion.

12. Gift Cards and Promotional Codes

When available, Gift cards are non-refundable, non-transferable, non-replaceable if lost or stolen, may not be redeemed for cash or resold, and have no expiration except as required by applicable law. Promotional codes are limited to one per Order, are non-stackable, non-transferable, have no cash value, may exclude specific collections or Products, may be subject to minimum-spend thresholds, and may be revoked, modified, or voided at any time in our sole discretion, including where we determine the code was distributed, obtained, or applied in violation of its terms. Where a promotional gift-with-purchase or threshold benefit is granted and the Order is subsequently returned in whole or in part such that the qualifying threshold is no longer met, we may deduct the retail value of the benefit from any refund.

13. Force Majeure

We are not liable, and shall not be deemed in breach of this Policy, for any failure or delay in performance, including production, dispatch, delivery, refund processing, or customer service, caused in whole or in part by events beyond our reasonable control, including without limitation acts of God, fire, flood, earthquake, severe weather, epidemic, pandemic, recurrence or resurgence of any prior epidemic or pandemic (including any COVID-19 variant or successor public-health event), public-health emergency or order, war, terrorism, civil unrest, riot, embargo, sanctions, export controls, governmental action, labor dispute, strike, work stoppage, carrier delay, supply-chain disruption, raw-material or gemstone shortage, utility or telecommunications failure, or cyber incident (each a "Force Majeure Event"). If a Force Majeure Event continues for more than ninety (90) consecutive calendar days following the date production was scheduled to commence or to be completed, either party may cancel the affected Order by written notice to the other, in which case Efemera's sole obligation shall be to refund amounts actually received by Efemera in respect of the unfulfilled portion of the cancelled Order, less any non-recoverable third-party processing fees and any non-recoverable production costs actually incurred for materials sourced or work performed specifically for the Order, except where applicable mandatory law that cannot be waived requires a fuller refund. This Policy controls over any conflicting force-majeure refund language in the Terms of Service or any other sibling policy with respect to Orders.

14. Intellectual Property

All trademarks, service marks, trade names, trade dress, copyrights, designs, patterns, photographs, collection names, and other intellectual property associated with Efemera, including without limitation the marks "Efemera"™, "Efemera Jewelry"™, "Echoes"™, and "Draped in Time"™ (some of which may be registered, in which case the ® designation applies), are owned by Efemera or used under license. No license is granted by purchase of a Product. Without limitation, Customer may not use any Efemera Product imagery, photography, collection names, or trademarks in connection with resale listings, secondary-market marketplaces, or comparison advertising without our prior written consent. Any custom, bespoke, or collaboratively developed design remains the sole intellectual property of Efemera, and we retain the perpetual, worldwide, royalty-free right to reproduce, manufacture, sell, photograph, and commercialize that design in any form.

15. Disclaimer of Warranties

Except for any warranty that cannot be lawfully disclaimed (including as preserved by Section 8.4 and Section 17), all Products are sold "AS IS" and "AS AVAILABLE", with all faults, and without any warranty of any kind, whether express, implied, statutory, or otherwise, including without limitation implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy of description, durability, or quiet enjoyment. No oral or written statement by any Efemera representative, retailer, or third party shall create a warranty. Efemera makes no representation or warranty regarding the resale value, investment value, gemological grading, or long-term wearability of any Product.

16. Limitation of Liability; Indemnification

To the maximum extent permitted by applicable law, in no event shall Efemera, its parents, subsidiaries, affiliates, officers, directors, employees, contractors, agents, suppliers, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including without limitation lost profits, lost revenue, lost goodwill, lost opportunity, sentimental or emotional loss, or substitute-product cost, arising out of or in connection with any Order, Product, this Policy, or the Site, regardless of legal theory and regardless of whether Efemera has been advised of the possibility of such damages. Efemera's total aggregate liability arising out of or in connection with any Product or Order shall not exceed the amount actually paid by the Customer to Efemera for the specific Product giving rise to the claim. The Customer agrees to defend, indemnify, and hold harmless Efemera and its parents, subsidiaries, affiliates, officers, directors, employees, contractors, agents, suppliers, and licensors from and against any and all claims, demands, actions, liabilities, damages, losses, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (i) the Customer's breach of this Policy or any other applicable Efemera policy, (ii) the Customer's misuse of any Product, (iii) the Customer's submission of any content, image, design input, or instruction to Efemera, (iv) the Customer's violation of any law or third-party right, and (v) any fraudulent or unauthorized use of the Customer's account or payment method; provided, however, that the foregoing indemnity shall not apply to any claim to the extent finally adjudicated to result from Efemera's own gross negligence, willful misconduct, or fraud. The carve-out in the preceding clause is intended to preserve the enforceability of the indemnity as a whole; if any court finds any portion of the indemnity overbroad, the indemnity shall be blue-penciled and enforced to the maximum extent permitted by law.

17. Statutory Rights

Statutory Rights Preserved. Nothing in this Policy is intended to exclude, restrict, modify, or waive any right or remedy that, under applicable mandatory law, cannot be excluded, restricted, modified, or waived by contract. This expressly includes, without limitation, rights available to consumers under the Magnuson-Moss Warranty Act (15 U.S.C. § 2301 et seq.), the U.S. Federal Trade Commission's Mail, Internet, or Telephone Order Merchandise Rule (16 C.F.R. Part 435), applicable U.S. state consumer-protection, lemon-law, and implied-warranty statutes, the U.K. Consumer Rights Act 2015, the EU Consumer Sales and Guarantees Directive and member-state implementations thereof, and the Australian Consumer Law. Where any provision of this Policy conflicts with such mandatory law, that provision shall apply only to the maximum extent permitted, and the balance of this Policy shall remain in full force and effect.

18. Governing Law; Arbitration; Class-Action Waiver

18.1 Governing Law and Venue

This Policy and any Order are governed by the laws of the State of New Jersey and applicable federal law of the United States, without regard to conflict-of-laws principles; the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. The exclusive venue for any judicial proceeding not subject to arbitration is the state and federal courts located in Bergen County, New Jersey for any matter not subject to arbitration under this Policy; Customer irrevocably consents to and submits to the exclusive jurisdiction and venue of such courts and waives any objection based on forum non conveniens.

18.2 Pre-Arbitration Informal Resolution

Before initiating arbitration, Customer must provide written notice of the dispute to Efemera Jewelry, Attn: Legal Department, c/o support@efemerajewelry.com, with a copy to info@efemerajewelry.com, including the Customer's full legal name, mailing address, email address used at checkout, the Order number(s) at issue, a concise written description of the claim, and the specific relief sought. The parties shall engage in good-faith informal dispute resolution for thirty (30) calendar days following Efemera's receipt of written notice of the dispute at the addresses set forth in this Policy; this pre-arbitration negotiation requirement applies only to claims initiated by Customer.

18.3 Binding Individual Arbitration

Any dispute, claim, or controversy arising out of or relating to any Order, Product, this Policy, or the relationship between the Customer and Efemera, whether based in contract, tort, statute, fraud, or any other legal theory, shall be resolved exclusively by final and binding individual arbitration administered by the American Arbitration Association (AAA) under the AAA Consumer Arbitration Rules then in effect, before a single neutral arbitrator, with the arbitration seated in Bergen County, New Jersey, and governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.). Either party may bring an individual action in small claims court for any dispute within that court's jurisdiction in lieu of arbitration.

18.4 Class-Action and Jury-Trial Waiver

The Customer and Efemera each waive any right to a trial by jury and the right to participate in any class, collective, consolidated, mass, or representative action or proceeding (including any private-attorney-general action). Claims must be brought solely in an individual capacity. The arbitrator may not consolidate more than one person's claims or preside over any form of representative proceeding.

18.5 Mass-Arbitration Batching

If twenty-five (25) or more substantially similar arbitration demands are filed against Efemera by or with the coordinated assistance of the same law firm, group of firms, or organization within a sixty (60) day period, the demands shall be administered as a coordinated batch and the parties shall cooperate with the AAA to apply any then-current AAA Mass Arbitration Supplementary Rules or analogous procedures, including the selection of representative bellwether cases and the staged adjudication and payment of filing and arbitrator fees. The class- and representative-action waiver in Section 18.4 remains in effect; nothing in this Section authorizes a class, collective, or representative proceeding.

18.6 Severability Within Arbitration

If any portion of this Section 18 other than the class-, collective-, and representative-action waiver in Section 18.4 is held unenforceable, the unenforceable portion shall be severed and the remainder of Section 18 shall continue in full force and effect. If the class-, collective-, and representative-action waiver in Section 18.4 is held unenforceable as to any particular claim or category of claims, that claim or category shall be severed and litigated in a court of competent jurisdiction in accordance with Section 18.1, and all remaining claims shall continue to be resolved in arbitration on an individual basis. This Section 18.6 controls over the general severability provision in Section 21.

18.7 Opt-Out Right

A Customer may opt out of the arbitration and class-action waiver provisions of this Section 18 by sending written notice of the election to opt out to support@efemerajewelry.com, within thirty (30) calendar days from the earlier of (i) the date Customer first accepts these Terms by any means (including by accessing or using the Site after the Effective Date), or (ii) the date Customer places a first Order on or after the Effective Date. The notice must include the Customer's full legal name, mailing address, email address used at checkout, Order number, and an unambiguous statement that the Customer wishes to opt out. Opting out does not affect any other provision of this Policy.

19. Modifications to this Policy

We may modify, amend, supplement, or replace this Policy at any time in our sole discretion by posting an updated version on the Site. The "Last Updated" date will indicate when changes took effect. Continued use of the Site or placement of any Order after such posting constitutes acceptance of the revised Policy, except that material changes (including changes to Section 18 or to the final-sale framework in Section 8) shall not apply to any Customer who has not, after the effective date of such change, either (a) affirmatively accepted the revised Policy via a click-through or comparable affirmative-consent mechanism or (b) placed a new Order after notice of the change. The version of the Policy in effect at the time we accept an Order governs that Order.

20. Order of Precedence

This Policy, together with the Terms of Service, Privacy Policy, Shipping Policy, Refund & Return Policy, Cookie Policy, and any policies or terms referenced on the Site or applicable to a specific Product or program, constitutes the entire agreement between the Customer and Efemera with respect to the subject matter and supersedes all prior or contemporaneous understandings. In the event of any conflict among these documents with respect to an Order, the following order of precedence governs (with the higher-listed document controlling): (i) this Purchase Policy; (ii) the Refund & Return Policy; (iii) the Shipping Policy; (iv) the Terms of Service; (v) the Privacy Policy and Cookie Policy. The naming of the sibling refund document is canonically "Refund & Return Policy."

21. Miscellaneous; Survival

If any provision of this Policy is held to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect. Our failure to enforce any provision is not a waiver of that provision or any other. The Customer may not assign or transfer any rights or obligations under this Policy without our prior written consent; we may freely assign. Headings are for convenience only. References to writing include email. The provisions of Sections 1, 3, 4, 5.3, 6.4, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, and 21 survive termination, cancellation, or expiration of any Order.

22. Contact

For questions or notices regarding this Policy or any Order:

• General inquiries: support@efemerajewelry.com

Efemera Jewelry — Cliffside Park, New Jersey, United States.